How Many Years Do You Have to Be Married to Get Alimony in Florida?

Alimony, also referred to as spousal support, is a crucial aspect of many divorce cases in Florida. It’s intended to provide financial assistance to a lower-earning spouse following the dissolution of a marriage. 

A key factor in determining eligibility for alimony in Florida is the length of the marriage. However, the number of years you must be married to qualify for alimony varies depending on the type and duration of alimony being sought. An experienced divorce lawyer in Orlando can represent you in alimony and other critical family law matters during a divorce.  

Marriage Length and Alimony in Florida

Florida law categorizes marriages into three distinct durations:

• Short-Term Marriage: Lasting less than 7 years
• Moderate-Term Marriage: Lasting between 7 and 17 years
• Long-Term Marriage: Lasting 17 years or more

These classifications play a role in the type and duration of alimony that may be awarded.

Alimony in Short-Term Marriages (Less than 7 Years)

While it’s more challenging to obtain alimony in a short-term marriage, it’s not impossible. The court may award bridge-the-gap alimony or rehabilitative alimony to help a spouse transition to financial independence. However, permanent alimony is generally not available for short-term marriages unless extraordinary circumstances exist, such as severe disability or exceptional hardship.

Alimony in Moderate-Term Marriages (7 to 17 Years)

In a moderate-term marriage, a spouse has a better chance of receiving alimony, particularly rehabilitative, durational, or even permanent alimony in some cases. Courts will examine various factors, including the financial needs of the lower-earning spouse, the standard of living during the marriage, and the ability of the higher-earning spouse to provide support.

Alimony in Long-Term Marriages (17 Years or More)

Long-term marriages increase the likelihood of permanent alimony, especially when there’s a substantial disparity in incomes. Permanent alimony is awarded to ensure financial stability for a spouse who cannot reasonably become self-supporting due to age, health issues, or lack of career opportunities.

Types of Alimony in Florida

The type of alimony awarded depends on the circumstances of the marriage and the needs of each spouse. The main forms of alimony in Florida include:

• Bridge-the-Gap Alimony: Short-term financial assistance or temporary alimony to help a spouse transition from married to single life, typically lasting no more than two years
• Rehabilitative Alimony: Designed to help a spouse gain education, training, or work experience necessary to become self-supporting
• Durational Alimony: Provides financial support for a set period, usually not exceeding the length of the marriage
• Permanent Alimony: Reserved for long-term marriages or exceptional cases where a spouse is unable to support themselves indefinitely

Key Factors Courts Consider in Awarding Alimony

Aside from the length of the marriage, Florida courts evaluate several factors when determining alimony awards, including:

• The financial resources of each spouse 
• The standard of living established during the marriage
• Each spouse’s earning capacity, education, and skills
• Age and physical/emotional condition of both parties, including any mental or physical disability
• Contributions to the marriage, including homemaking and child-rearing
• Tax implications of alimony awards

Changes to Florida Alimony Laws in 2023

As of July 1, 2023, Florida enacted an alimony reform bill under Senate Bill 1416, which eliminated permanent alimony and modified durational alimony rules. Under the new law:

• Durational alimony is capped at 50% of the length of a short-term marriage, 60% of a moderate-term marriage, and 75% of a long-term marriage.
• Courts prioritize rehabilitative and bridge-the-gap alimony over other forms.
• Modifications to existing alimony orders require substantial proof of changed circumstances.

Steps Our Florida Divorce Lawyers Take to Protect Your Interests in an Alimony Matter 

Alimony issues under Florida divorce law can be complex, whether you’re seeking financial support or may be required to pay it. At Veliz Katz Law, our experienced Florida divorce attorneys will strongly represent you in an alimony matter to protect your financial interests. 

Whether advocating for a fair support arrangement or defending against excessive payment demands, we ensure our clients receive dedicated legal support. 

Initial Consultation and Case Evaluation

The first step in addressing alimony in your divorce is conducting a thorough consultation. We take the time to understand your financial situation, marriage history, and goals regarding spousal support. Whether you’re the potential recipient or payer, our attorneys will:

• Assess your eligibility for alimony based on the length of your marriage and financial circumstances
• Discuss different types of alimony available in Florida, including temporary, rehabilitative, durational, or permanent alimony
• Review financial documents and other relevant information to determine the likelihood of an alimony award

Collect Financial Information and Conduct Discovery

To build a strong alimony case, our attorneys at Veliz Katz Law conduct a thorough financial investigation. A comprehensive financial review allows us to advocate effectively for your best interests, whether you’re seeking alimony or challenging an excessive request compared to your ability to pay. 

Key steps in this process include:

• Requesting Financial Affidavits: Both spouses must provide sworn statements detailing their income, assets, debts, and expenses. These affidavits serve as a foundation for alimony calculations.
• Reviewing Financial Documents: Our team meticulously examines bank statements, tax returns, credit card records, pay stubs, and business financials to determine an accurate financial profile of each spouse.
• Investigating Hidden Assets: If we suspect a spouse is concealing income or assets, we conduct an in-depth investigation, including subpoenaing financial records and reviewing business transactions.
• Engaging Forensic Accountants: In complex financial situations, such as self-employment or high-net-worth divorces, we may work with forensic accountants to uncover discrepancies, trace hidden funds, and ensure full financial transparency.

By gathering and verifying financial data through discovery, we build a strong case that accurately reflects both parties’ financial circumstances, ensuring a fair outcome in your alimony or child support matter.

Negotiate a Fair Alimony Agreement

Whenever possible, Veliz Katz Law prioritizes negotiation to resolve alimony matters efficiently, reducing the emotional and financial burden of litigation. A well-structured alimony agreement provides stability for both parties and avoids the unpredictability of a court-imposed decision. 

Our experienced Florida divorce and family law attorneys work diligently to secure fair and sustainable alimony arrangements. Our negotiation process includes:

• Representing Your Interests in a Settlement: We advocate for reasonable terms based on financial evidence and Florida’s alimony laws, ensuring that your needs are addressed.
• Presenting Compelling Financial Evidence: By utilizing bank records, tax filings, and expert evaluations, we establish a strong financial case to justify an appropriate amount of alimony payments.
• Proposing Structured Alimony Arrangements: Whether advocating for rehabilitative, bridge-the-gap, durational, or permanent alimony, we create strong agreements that suit your financial circumstances and future stability.
• Ensuring Alimony Terms Are Fair and Sustainable: Our goal is to establish reasonable payment structures that reflect the recipient’s needs and the payer’s financial capacity, minimizing future disputes.

If negotiations reach an impasse, our attorneys are fully prepared to take your case to court, aggressively presenting arguments to achieve the best possible outcome for you. Whether you’re seeking support or are required to pay alimony, we will protect your financial interests every step of the way.

Prepare for Mediation or Court Proceedings

If negotiations do not lead to a fair agreement, we prepare your case for mediation or trial. Our legal team will:

• Represent you during mediation to attempt a settlement before trial
• Prepare and file necessary legal motions and responses
• Advocate for you in court by presenting strong arguments, backed by financial evidence and legal precedent

Argue for Modification or Termination of Alimony

Alimony obligations may need adjustments due to life changes. If circumstances warrant a modification, we assist clients in:

• Seeking a reduction or termination of alimony if the recipient's financial situation improves or if the payer experiences financial hardship
• Arguing against unwarranted modifications that may unfairly burden the payer
• Presenting evidence of a supportive relationship or significant financial shifts that impact alimony obligations

Enforcement of Alimony Orders

If a former spouse refuses to comply with an alimony order, we take legal action to enforce payments. Our enforcement strategies include:

• Filing contempt motions against non-paying spouses
• Requesting wage garnishments or liens to collect unpaid support
• Holding non-compliant spouses accountable through court interventions

Focus on Protecting Your Financial Future

Throughout the process, we ensure that alimony arrangements are financially viable and align with your long-term interests. Whether you’re the receiving spouse or the payer, our goal is to achieve a fair resolution that allows you to move forward with financial stability.

Get Strong Legal Representation from Our Top-Rated Florida Divorce Lawyers 

With over 60 years of combined experience, the attorneys at Veliz Katz Law provide compassionate, strategic, and results-driven representation. We understand that every alimony case is unique, and we personalize our approach to meet your needs. 

If you’re facing an alimony issue in your Florida divorce, reach out to us today. To schedule your free consultation with our family law and divorce lawyers, call us at 407-634-1835 or contact us online.