Understanding Alimony in Florida
Alimony (also called spousal support or spousal maintenance) is financial support paid by one spouse to the other during or after a divorce. In Florida, alimony is designed to help a lower-earning spouse maintain a reasonable standard of living after the dissolution of marriage, particularly when there is a significant disparity in earning capacity between the spouses.
At Marc M. Cohen, P.A., we represent both individuals seeking alimony and those defending against unreasonable alimony claims in Boca Raton and throughout South Florida.
Types of Alimony in Florida
Florida recognizes several types of alimony, and courts may award one type or a combination:
- Bridge-the-Gap Alimony: Short-term support designed to help a spouse transition from being married to being single. Limited to two years and cannot be modified.
- Rehabilitative Alimony: Support intended to help a spouse gain education, training, or work experience needed to become self-supporting. Requires a specific rehabilitative plan approved by the court.
- Durational Alimony: Support for a set period of time, typically awarded in moderate-term marriages when permanent alimony is not appropriate. The duration cannot exceed the length of the marriage.
- Permanent Alimony: Ongoing support that continues until the death of either party, remarriage of the recipient, or a supportive relationship. Typically reserved for long-term marriages where the recipient lacks the ability to become self-supporting.
Note: Permanent alimony was eliminated for divorces filed after July 1, 2023 (SB 1416). Cases filed before this date may still involve permanent alimony proceedings.
Factors the Court Considers
Under Florida Statute §61.08, the court considers numerous factors when determining alimony, including:
- The standard of living established during the marriage
- The duration of the marriage (short-term: under 7 years; moderate-term: 7-17 years; long-term: 17+ years)
- The age and physical and emotional condition of each party
- The financial resources of each party, including marital and non-marital assets and liabilities
- The earning capacities, educational levels, vocational skills, and employability of the parties
- The contribution of each party to the marriage, including homemaking, child care, and contribution to the career-building of the other party
- All sources of income available to either party
- The responsibilities each party will have regarding minor children
The Financial Picture Matters: Alimony cases often involve detailed financial analysis - evaluating income, expenses, lifestyle, earning potential, and the financial impact of the divorce on both parties. Marc Cohen's MBA in Quantitative Analysis allows him to present compelling financial arguments that many attorneys simply cannot match.
Florida's 2023 Alimony Reform
Florida's alimony laws underwent significant changes in 2023 (SB 1416), eliminating permanent alimony for divorces filed after July 1, 2023, and establishing formulas for calculating the amount and duration of alimony based on the length of the marriage. Understanding these recent changes is critical for anyone going through a divorce in Boca Raton or anywhere in Florida.
Modification of Alimony
Alimony orders (except bridge-the-gap) can be modified if there is a substantial change in circumstances - such as a significant change in income, retirement, the recipient's entry into a supportive relationship, or a change in the needs of either party. The party requesting modification bears the burden of proving the changed circumstances.
Contact a Boca Raton Alimony Attorney
Whether you are seeking alimony or need to defend against an unreasonable claim, Marc M. Cohen, P.A. can help. Call (561) 740-3301 or contact us online for a free consultation. We serve clients throughout Boca Raton, Boynton Beach, Delray Beach, West Palm Beach, and South Florida.
Serving Communities Throughout South Florida
Marc M. Cohen, P.A. provides experienced legal representation in communities throughout Palm Beach County and Broward County:
- Alimony Attorney in Boca Raton
- Alimony Attorney in Boynton Beach
- Alimony Attorney in Delray Beach
- Alimony Attorney in Deerfield Beach
- Alimony Attorney in Pompano Beach
- Alimony Attorney in West Palm Beach
- Alimony Attorney in Fort Lauderdale
- Alimony Attorney in Coral Springs
- Alimony Attorney in Parkland
- Alimony Attorney in Wellington
- Alimony Attorney in Lake Worth
- Alimony Attorney in Jupiter
- Alimony Attorney in Palm Beach Gardens
See also: Palm Beach County Family Law | Broward County Family Law | South Florida Family Law