Michele Lebron | September 11, 2024 | Divorce near Kissimmee, FL
“Alimony” is a familiar term that is often used interchangeably with “spousal support.” There is no difference between alimony and spousal support; alimony is simply an outdated term falling out of favor.
Alimony comes from the Latin term alimonia, meaning nourishment. Alimony arose in English courts when divorce was not allowed. Married couples could legally separate, but the husband had a legal duty to financially support his wife through alimony payments.
The legal concept carried over to American courts.
Spousal support is becoming the preferred term because it is gender-neutral. Alimony was paid by men to women; spousal support can be awarded to either spouse. As the stigma of requesting support fades, in part due to the change in terminology, a growing number of men are now receiving spousal support.
While some states still use the term “alimony,” Florida law uses “spousal support.” Here’s how spousal support works.
When Is Spousal Support Awarded?
In Florida, most divorce cases do not qualify for spousal support. The court will consider whether there is a demonstrated need and the ability to pay to determine when support should be ordered.
When spousal support is appropriate, the court will determine an amount by considering factors like:
- Duration of marriage
- Standard of living during marriage
- Each party’s age and health
- Each party’s earning power and financial outlook
- Sources of income available to each party
- Each party’s contributions to the marriage, financial or otherwise
- Whether there was abuse or domestic violence and who committed the abuse
- Adultery committed by either spouse and the economic impact
There is a presumption of law that a short marriage should not result in support, while a long marriage should.
Florida has undergone significant alimony reform over the past decade, most recently with House Bill 1409 signed into law by Governor DeSantis in 2023.
Among these changes is a new definition for the length of marriage. A short-term marriage is less than ten years (up from seven), and a moderate-term marriage is 10 to 20 years (up from seven and 17). A long-term marriage is now defined as more than 20 years, up from 17 years.
A spousal support award should be terminated or reduced if there is a substantial, material change in circumstances for the paying spouse, such as job loss.
Types Of Spousal Support In Florida
There are four types of spousal support that may be awarded:
- Temporary spousal support. This type of support is awarded during the divorce proceedings to ensure the lower-earning spouse has adequate support. Temporary support will end when the divorce is finalized.
- Bridge-the-gap support. This unique type of spousal support is designed to help the lower-earning spouse transition from married life to life after divorce. It can last for up to two years. It’s usually awarded when the spouse is looking for full-time employment or waiting for the marital home to sell.
- Rehabilitative spousal support. This is a common type of spousal support that is designed to help the lower-earning spouse become self-sufficient. When seeking this type of support, the spouse must show a rehabilitative plan that includes a duration, cost, and goal for self-sufficiency. It allows the lower-earning spouse to receive support while they complete education, training, or pursue career advancement.
- Durational support. This type of support is awarded for a specific amount of time that cannot exceed the length of the marriage. It may be awarded when there are minor children, for example, for the number of years until the children are 18 years old.
Permanent spousal support was ended in 2023. All spousal support awarded must not have a specific purpose, duration, and amount.
Contact the Kissimmee Divorce Lawyers at Lebron Law, PLLC for Help Today With Your Family Law Case
Spousal support is a complex area of family law. If you are considering filing for divorce and seeking support, or your spouse is requesting support from the court, it’s important to work with an experienced divorce attorney. An attorney can help you protect your rights and navigate Florida’s new alimony laws.
Lebron Law, PLLC, is here to help. Contact our law office for a consultation with a Kissimmee alimony attorney to discuss your options. For more information, contact our experienced Kissimmee family law & divorce attorneys by calling (321) 800-5195.
We serve all through Osceola County and its surrounding areas in Florida. Visit our office at:
Lebron Law, PLLC
15 S Orlando Ave, Kissimmee, FL 34741
(321) 800-5195