Multiple Types of Alimony Available in Florida

Florida provides five types of alimony: temporary, bridge-the-gap, rehabilitative, durational, or permanent. Couples can negotiate the terms of the alimony award, including the type, duration, and amount of support. However, if you can’t agree, the judge will evaluate your circumstances and decide for you.

Temporary support is available to a needy spouse during the divorce proceedings. Before the court orders support, the requesting spouse must demonstrate a need for support and that the other spouse has the ability to pay. Temporary support will help the lower-earning spouse remain financially stable during the lengthy divorce process and ends when the judge finalizes the divorce.

Florida is one of few states that offer bridge-the-gap alimony, which helps the recipient spouse meet legitimate short-term needs while transitioning from married to single. For example, the needy spouse may use the support to pay bills while waiting for the marital home to sell, or to meet other living expenses while attempting to find full-time work after the divorce. Bridge-the-gap support can’t exceed two years and terminates if the paying spouse dies or the supported spouse remarries. (Fla. Stat. Ann. § 61.08 (5) (2018).)

Perhaps the most common type of alimony in Florida is rehabilitative support. The court awards rehabilitative support in cases where one spouse can become self-supporting but needs time and financial assistance to redevelop previous skills, or to acquire education, training, or work experience necessary to develop necessary skills and enter the workforce. Before the court awards rehabilitative alimony, spouses must create a specific and defined rehabilitative plan for the court to review.

Durational support is like rehabilitative support in that the court sets a time limit for the alimony. However, there is no rehabilitative plan necessary. Durational alimony is appropriate in cases where the supported spouse needs financial help for a set period after the divorce, but the spouse doesn’t qualify for permanent alimony. Support may not last longer than the marriage. For example, if you were married for 10 years, your alimony award may not exceed 10 years.

Permanent alimony is rare, and the court reserves awards for spouses who need financial assistance and are unable to become self-supporting in the future. Permanent alimony may be appropriate in cases where the supported spouse is disabled, of advanced age, or caring for a minor child with special needs. In addition to demonstrating special circumstances that require permanent support, the court will also consider the length of the couple’s marriage when deciding a final award.

Like bridge-the-gap alimony, durational, rehabilitative, and permanent alimony ends if the paying spouse dies or the supported spouse remarries. (Fla. Stat. Ann. § 61.08 (2018).)