Frequently Asked Questions
Alimony FAQs
What Is the First Step in Determining Alimony?
Before awarding alimony, Florida courts follow a two-step analysis:
- Does one spouse have a financial need for alimony?
- Does the other spouse have the ability to pay alimony?
If the answer to both questions is yes, the court will then analyze other factors to determine the type and amount of alimony.
What Factors Does the Court Consider When Awarding Alimony?
Florida courts evaluate several factors to determine whether alimony should be awarded, including:
- The length of the marriage
- The financial resources of each spouse
- The standard of living established during the marriage
- Each spouse’s earning capacity, education, and employability
- Contributions to the marriage, including homemaking and child-rearing
- The age and health of both spouses
- Any marital misconduct (while Florida is a no-fault divorce state, wasteful spending or financial misconduct may be considered)
What Are the Different Types of Alimony in Florida, and How Long Do They Last?
Under Florida Statute 61.08, there are four main types of alimony:
- Temporary Alimony – Paid only during the divorce proceedings and ends once the divorce is finalized.
- Bridge-the-Gap Alimony – Short-term support to help transition from married to single life. It cannot exceed 2 years and cannot be modified once ordered.
- Rehabilitative Alimony – Support designed to help a spouse gain education or job training to become self-sufficient. The recipient must present a clear plan for their rehabilitation and the length of an award of rehabilitative alimony may not exceed 5 years.
- Durational Alimony – Awarded for a fixed period but cannot exceed the length of the marriage (e.g., if you were married for 15 years, durational alimony cannot last more than 15 years).
How Does the Length of the Marriage Affect Alimony?
Florida law categorizes marriages into three types, which impact alimony awards:
- Short-Term Marriage – Less than 10 years (alimony is less common, typically rehabilitative or bridge-the-gap).
- Moderate-Term Marriage – 10 to 20 years (alimony depends on factors like need and ability to pay).
- Long-Term Marriage – 20+ years (higher likelihood of longer-duration alimony awards).
Can Alimony Be Awarded in a Lump Sum or Only Monthly Payments?
While alimony is typically paid in periodic monthly payments, Florida law allows for lump sum alimony in certain cases, such as:
- When both parties agree to a one-time payment.
- If there are concerns about the paying spouse’s financial stability.
Equitable Distribution FAQs
What is Equitable Distribution?
Equitable distribution is the process by which the court divides marital assets and debts in a divorce. Under Florida law, the court must first identify and set aside each spouse’s nonmarital property, then begin with the idea that everything else (marital property) should be divided equally—unless fairness demands otherwise.
What's the Difference Between Marital and Nonmarital Assets?
- Nonmarital assets are things you owned before the marriage, inherited or received as a gift (not from your spouse), or were kept separate during the marriage.
- Marital assets and debts include property, retirement accounts, and liabilities acquired during the marriage, regardless of who’s name is on them.
The court will set aside nonmarital assets before dividing what’s left.
Does the Court Always Split Things 50/50?
Not necessarily. While equal distribution is the starting point, the court can divide assets unequally if it’s justified by specific factors like:
- One spouse sacrificed a career for the family
- Unequal financial circumstances
- One spouse dissipated (wasted) marital assets
What Factors Can Justify Unequal Distribution?
Florida courts consider several factors, including:
- Each spouse’s contributions to the marriage, like child-rearing or homemaking
- The length of the marriage
- Any career interruptions for the family
- Whether one spouse helped the other advance their education or career
- The economic situation of each spouse after divorce
- Whether it’s best for a child to remain in the marital home
- If one spouse wasted or hid marital assets before or during the divorce
Can I Keep the House if I'm the Primary Caregiver for Our Child?
Possibly. Courts may award exclusive use of the marital home to a parent if:
- It’s in the best interest of the child
- It’s financially reasonable
- Other legal factors support that arrangement
This is often a temporary situation, lasting until the child is emancipated or another court order changes it.
What Happens If My Spouse Wasted or Hid Marital Assets?
If your spouse intentionally dissipated, hid, or destroyed marital assets—especially in the two years before or after filing for divorce—the court can consider that in the distribution. It could mean you get a larger share to make up for the lost value.
Equitable doesn’t always mean equal. The court’s goal is fairness, not necessarily a 50/50 split. If you’re concerned about protecting your assets, especially as a mother or homemaker, speak with a qualified Florida family law attorney to advocate for your rights.
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