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Factors that affect Florida spousal support

On Behalf of | Dec 14, 2023 | DIVORCE - Divorce

Navigating the complexities of spousal support can be challenging during a divorce. However, alimony can help you move forward and build a new life when your marriage ends.

In Florida, several factors come into play when determining spousal support arrangements.

Duration of the marriage

Courts carefully assess the duration of the marriage to determine the appropriate type and amount of spousal support. Florida categorizes marriages into short-term, moderate-term and long-term, each with its own set of considerations for alimony. Short-term marriages may not warrant long-term financial assistance.

Governor Ron DeSantis signed a new alimony law in 2023. It eliminates spousal support for marriages lasting less than three years. Rehabilitative alimony now has a five-year limit. The state no longer has permanent alimony. Instead, the new law limits payments to 75% of the length of the marriage for marriages of at least 20 years.

Financial resources and earning capacity

The court examines each spouse’s income, assets and potential for future earnings. When one spouse has lower resources or earning potential, spousal support can balance the financial disparities resulting from the divorce.

Standard of living during marriage

The lifestyle maintained during the marriage sets a benchmark for spousal support considerations. The court aims to provide the lower-earning spouse with the means to sustain a similar lifestyle.

Contributions to the marriage

The court accounts for contributions made by each spouse to the marriage, both financially and non-financially. This includes factors such as child-rearing, homemaking and supporting the other spouse’s career.

Understanding these key considerations can help you negotiate a fair and equitable resolution.