Brandon Alimony Attorney
Serving Brandon Families Through Florida’s Changing Alimony Laws Since 1988
Alimony isn’t automatic in a Florida divorce. One spouse must request it, demonstrate financial need, and show the other spouse has the ability to pay. Florida’s 2023 alimony reform (CS/SB 1416), effective July 1, 2023, fundamentally changed what courts can award, and what applied to cases before that date may not apply to yours. At Barnett Gill, we’ve served families in Brandon and Hillsborough County since 1988, and we help both spouses understand what the current law means for their specific situation.
Whether you’re seeking support or being asked to pay, the decisions made early in your case shape what outcomes are possible. How financial documents are prepared, how need and ability to pay are presented, and which type of alimony is pursued all matter. We handle alimony within the full context of your family law case, alongside divorce, custody, child support, and modifications, so nothing is evaluated in isolation.
Call Barnett | Gill today at (813) 305-0353 or contact us online to schedule a consultation with our alimony attorney in Brandon.
How Is Alimony Calculated in Florida?
Florida alimony rests on one standard: demonstrated need and the other spouse’s ability to pay. Both elements must be present. Unlike child support, Florida law applies no default formula, which means the outcome depends heavily on how each party’s financial picture is presented to the court through financial affidavits and supporting documentation.
Under the 2023 reform, judges must make specific written findings on need and ability to pay and explain why a particular type of alimony is awarded. That requirement gives both parties a clearer record to work with and, when necessary, to appeal.
The court has discretion to decide four things:
- Entitlement to alimony
- The amount of alimony
- The duration of alimony
- The type of alimony
How Alimony Payments Are Structured
The type of alimony awarded and how it’s paid are two separate questions. Florida courts may order periodic payments (typically monthly), a lump sum paid all at once or in installments, or a combination of both. Lump-sum alimony is generally not modifiable once set, while periodic awards may be subject to modification if circumstances change substantially. Understanding this distinction matters when evaluating settlement proposals or preparing for a contested hearing.
Types of Alimony in Florida
As of July 1, 2023, Florida courts may award four types of alimony:
- Temporary Alimony - Also called alimony pendente lite, this is ordered during the divorce proceeding itself to cover a spouse’s living expenses and legal costs while the case is pending. It terminates when the final judgment is entered and does not establish entitlement to post-divorce support.
- Bridge-the-Gap Alimony - Designed to help a spouse transition from married to single life by addressing short-term, identifiable needs. It is limited to a maximum of two years and isn’t modifiable in amount or duration once awarded.
- Rehabilitative Alimony - Supports a spouse in acquiring education, training, or credentials needed to become self-sufficient. A specific rehabilitative plan must be submitted to the court, and the award is capped at five years under the 2023 reform. It may be modified or terminated if the plan isn’t followed, is completed early, or circumstances change substantially.
- Durational Alimony - Provides economic assistance for a defined period. It may not exceed the length of the marriage and can’t be awarded for marriages under three years. Under the 2023 reform, duration is capped based on marriage length: up to 50% of the marriage for short-term marriages (under 10 years), up to 60% for moderate-term marriages (10 to 20 years), and up to 75% for long-term marriages (over 20 years). The amount may not exceed 35% of the difference between the parties’ net incomes or the receiving spouse’s reasonable need, whichever is less.
Permanent alimony is no longer available for dissolution cases governed by the amended statute. If your divorce was finalized before July 1, 2023, different rules may apply to your existing award.
How Is Alimony Determined?
Florida courts consider a broad range of factors under Section 61.08 when evaluating whether alimony is appropriate and, if so, in what amount and for how long. No single factor is controlling, and the weight each receives depends on the facts of your case.
When determining spousal support, courts consider:
- Standard of living established during the marriage
- Duration of the marriage, with short-term (under 10 years), moderate-term (10 to 20 years), and long-term (over 20 years) marriages treated differently
- Financial resources of each spouse, including marital and nonmarital assets and liabilities distributed in the dissolution
- Earning capacity, educational level, vocational abilities, and the time needed for either party to become employable
- Contributions to the marriage, including homemaking, childcare, education support, and career-building for the other spouse
- Responsibilities for minor children each party will carry after the divorce
- Tax treatment and consequences of any alimony award to both parties
- All sources of income available to either party, including investment income
- Adultery and its economic impact, which the 2023 reform expressly permits courts to consider
- Any other factor the court finds necessary to do equity and justice between the parties
Can Alimony Be Modified in Florida?
Either spouse may petition to modify an existing alimony order when circumstances have changed substantially, materially, involuntarily, and permanently. Courts don’t adjust awards for temporary setbacks. The change must be significant enough to make the current arrangement inequitable. Bridge-the-gap alimony isn’t modifiable once set. Rehabilitative alimony may be modified or terminated if the rehabilitative plan isn’t being followed or is completed ahead of schedule. Existing agreements finalized before July 1, 2023, aren’t retroactively altered by the reform, though post-2023 modification petitions may be evaluated under the new standards.
Common grounds for modification include:
- Income Change: A significant loss of income from job loss, illness, or disability, or a material improvement in the receiving spouse’s financial situation, may support a modification request.
- Retirement: The 2023 reform codified retirement as a basis for modification. A paying spouse may petition the court no sooner than six months before planned retirement. The court considers the obligor’s age, health, reasons for retirement, and available retirement income when evaluating the request.
- Supportive Relationship: The 2023 reform codified the supportive relationship standard. If the receiving spouse is residing with another adult in a supportive relationship, the paying spouse may seek a reduction or termination even without remarriage. The burden falls on the paying spouse to prove the relationship by a preponderance of the evidence.
- Health Changes: Significant health problems affecting either spouse’s financial situation can also provide grounds for adjustment.
Why Brandon Families Choose Barnett Gill for Alimony Matters
Alimony outcomes depend on how each spouse’s financial circumstances are documented, presented, and argued before the court. We’ve been practicing in Hillsborough County since 1988, which means we know the Thirteenth Judicial Circuit’s procedures, filing timelines, and judicial expectations in dissolution matters. That familiarity shapes our strategy from the first filing forward.
Our founder trained at one of the nation’s largest law firms before opening his own practice, combining the preparation standards of a large firm with the individual attention of a boutique office. We don’t take a one-size-fits-all approach, and in alimony matters, that distinction is real: outcomes depend on the specific financial picture of each family, not a generic template. Because alimony is rarely a standalone issue, we evaluate spousal support alongside the full picture of your divorce, including property division, custody, and child support, so every part of your case is moving in the same direction.
Our attorneys personally return calls and messages. You won’t wait days to hear back or be handed off to staff when you have a question. Our roots in the Brandon community run deep, including long-standing involvement with organizations like ECHO, and that commitment to the people we serve carries into how we handle every case.
Talk to our legal team about your situation. Our Brandon alimony lawyers can evaluate your circumstances and provide a realistic assessment based on Florida’s alimony laws under Section 61.08. We can also help if you need to modify an existing spousal support agreement.
Contact Barnett Gill today to get started with our Brandon alimony attorney.
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