Alimony (Spousal Support)
Unlike child support, amounts and duration of spousal support are largely at the discretion of a judge. Divorcing spouses may also negotiate the amounts and seek the approval of a judge. Generally, whether alimony is granted and how long it lasts depends on three factors.These are the length of the marriage, whether there are significant disparities in income between the spouses and if there is a “skills gap,” meaning that one spouse has less education or fewer job skills or has sacrificed significant time to child-rearing duties compared to the other spouse. Consult with Craig Vigodsky to discuss options for collecting or paying short- or long-term spousal support.
Florida law allows for durational alimony, which means alimony will only last for a specific period of time as determined by a judge. Marriages lasting less than three years may not be awards durational alimony. Alimony may not expect the length of the marriage. The time frame of durational alimony may be paid based on the following scale:
- May not exceed 50% of the length of a short-term marriage
- May not exceed 60% of the length of a moderate-term marriage
- Many not exceed 75% of the length of a long-term marriage
The amount of alimony paid and time frame alimony is paid is based on reasonable need, and should not exceed 35% of the difference in both parties net incomes. Once established alimony may only be modified under exceptional circumstances.
Marriage length as defined by the State of Florida:
- Short-term 0 -10 years
- Moderate-term 10-20 years
- Long-term 20+ years