Durational Alimony in Miami

Florida Durational Alimony Rules After the 2023 Reform

Florida law authorizes several forms of alimony in a dissolution of marriage. Durational alimony provides economic assistance for a fixed period rather than continuing indefinitely.

The available forms of support are:

• Temporary alimony
• Bridge-the-gap alimony
• Rehabilitative alimony
• Durational alimony

A court can’t award durational alimony after a marriage lasting less than three years. The marriage’s duration is measured from the wedding date through the date the dissolution petition is filed.

Florida’s presumed categories and ordinary duration limits are:

• Short-term marriage: Less than 10 years, with an award limited to 50 percent of its duration
• Moderate-term marriage: Between 10 and 20 years, with an award limited to 60 percent of its duration
• Long-term marriage: 20 years or longer, with an award limited to 75 percent of its duration

An extension beyond the applicable limit requires clear and convincing evidence, a heightened level of proof, that it’s necessary under the statutory factors. Permanent alimony isn’t available for initial dissolution or support petitions pending or filed on or after July 1, 2023.

How Courts Calculate Durational Alimony

A court primarily considers the requesting spouse’s reasonable need and the other spouse’s ability to pay. The amount is limited to the lower of the recipient’s reasonable need or 35 percent of the difference between the spouses’ net incomes. This cap doesn’t guarantee an award.

For this calculation, net income is determined under Florida’s child support income provisions. Court-ordered support paid between the spouses in the same case is excluded. An award generally can’t leave the paying spouse with significantly less net income than the recipient unless the court makes written findings establishing exceptional circumstances.

Modification, Termination & Negotiated Terms

Alimony may be modified after a substantial change in circumstances, meaning a significant and material change that occurred after the award. The length of a durational award is treated differently: it can’t be modified unless exceptional circumstances satisfy the narrower statutory standard.

Durational alimony ends upon either spouse’s death or the receiving spouse’s remarriage. A court may extend the term beyond the ordinary statutory cap only when clear and convincing evidence establishes the need for an extension under the statutory factors. During settlement negotiations, we may also consider nonmodifiable alimony terms when they fit the client’s circumstances and objectives.