Miami family law attorney blog
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Calculating Florida Alimony
Posted by Nydia Streets of Streets Law in Florida Alimony
When a current or former spouse fails to pay alimony due by court order, the other spouse may file a motion for contempt. Depending on the aim of the motion, there are different remedies available, but the order must comply with specific rules in order to be recognized as valid and enforceable. This was an issue in the case Kelly v. Kelly, 5D2024-3531 (Fla. 5th DCA July 11, 2025).
Posted by Nydia Streets of Streets Law in Florida Alimony
Under the revised Florida alimony statutes, permanent alimony has been abolished. For long-term marriages (meaning marriages 20 years in length or longer), alimony can be awarded for up to 75 percent of the length of the marriage. The amount of alimony could be 35 percent of the difference in net incomes between the parties or the need of the spouse asking for alimony, whichever amount was less. The award of alimony in a 50-year marriage after the passage of the revised alimony statute was an issue in the case Loconto v. Loconto, 4D2023-3079 (Fla. 4th DCA May 28, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
Permanent alimony was abolished in Florida on July 1, 2023. Cases pending on or after that date were subject to revised alimony statutes. If an appeal was pending in a case in which permanent alimony was awarded prior to July 1, 2023, how did that affect the viability of the permanent alimony award? This was an issue in the case Alfonso v. Alfonso, 4D2024-0698 (Fla. 4th DCA May 7, 2025).
Posted by Nydia Streets of Streets Law in Florida Alimony
In the case Stockdale v. Stockdale, 1D2024-1371 (Fla. 1st DCA April 9, 2025), a question arose as to whether a case was considered “pending” under the reformed alimony statute since it was still being appealed after the July 1, 2023 changes to the alimony statutes took effect in Florida. The answer to the question could mean a reversal of an award of permanent alimony, since that was abolished by the statute changes.
Posted by Nydia Streets of Streets Law in Florida Divorce
A change in the alimony statutes in Florida in 2023 eliminated permanent alimony. For that reason, cases which were appealed before the change but were still pending after, had permanent alimony reversed in the appeal. This was an issue in the case Edman v. Edman, 4D2024-0077 (Fla. 4th DCA March 26, 2025).
Posted by Nydia Streets of Streets Law in Florida Alimony
What analysis is used to determine if alimony should be paid in a Florida divorce? According to Shouman v. Salama, 6D2023-2585 (Fla. 6th DCA March 10, 2025), there is “a two-step process for determining whether to award alimony in a divorce. In the first step, the court must ‘make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance.’ § 61.08, Fla. Stat. [. . .] Once the first step is completed, and provided the trial court finds that there is a need for alimony and an ability to pay by the other party, then the statute instructs the trial court to proceed to the second step. In the second step, the trial court is tasked with ‘determining the proper type and amount of alimony or maintenance’ which requires consideration of ‘all relevant factors’ including, but not limited to, those set forth in section 61.08(2)(a)–(j), Florida Statutes.”
Posted by Nydia Streets of Streets Law in Florida Alimony
When permanent alimony was cancelled by the Florida legislature in 2023, the new statute provided that it applied to actions filed or pending on or after July 1, 2023. In a recent appellate case, a question arose as to the meaning of “pending” when the appeal of a final judgment awarding alimony was still pending after July 1, 2023. The case is Woodward v. Woodward, 2D2023-0529 (Fla. 2d DCA January 22, 2025).
Posted by Nydia Streets of Streets Law in Florida Divorce
A rehabilitative alimony award requires a specific and defined rehabilitative plan to be stated in an order. Such a plan is aimed at “(1) [t]he redevelopment of previous skills or credentials; or (2) [t]he acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.” § 61.08(6)(a)(1)-(2), Fla. Stat. (2023). The law requires that an order for this type of alimony address “the objective of rehabilitation, the costs of the plan, and the projected period necessary for [completion][.]” Allison v. Allison, 692 So. 2d 1013, 1013 (Fla. 4th DCA 1997). This was an issue in the case Smith v. Chevillet, 4D2023-2589 (Fla. 4th DCA January 8, 2025).
Posted by Nydia Streets of Streets Law in Florida Alimony
Florida statutes no longer provide for awards of permanent alimony. For cases in which the parties agreed to permanent alimony or the court awarded permanent alimony before the law changed, modification may be warranted when the circumstances of either party changes. In the case Dwight v. Dwight, 5D2023-1347 (Fla. 5th DCA October 18, 2024), modification was at issue due to the payor’s retirement.
Posted by Nydia Streets of Streets Law in Florida Alimony
In 2023, Florida alimony laws were revised, most notably eliminating permanent alimony. There are still some permanent alimony cases which were entered prior to the change in law which continue to be discussed in current appellate cases. One such case is Giegold v. Giegold, 6D2023-2666 (Fla. 6th DCA September 20, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
According to Florida Statute Chp. 61.08, “The court may award a combination of forms of alimony or forms of payment, including lump sum payments, to provide greater economic assistance in order to allow the obligee to achieve self-support.” A lump sum alimony payment may be desirable for both the payor and payee where it gets rid of the need for ongoing accounting of monthly payments. Lump sum alimony was an issue in the case Gutierrez v. Gutierrez, 3D23-1434 (Fla. 3d DCA August 28, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
Can parties agree outside of court to modify alimony payments? The best practice, to avoid any disputes or confusion later, may be for the parties to modify an alimony obligation through the court and with an court order. However, agreements to modify alimony payments outside of court can be upheld. This was an issue in the case Fernandez v. Kivimaki, 2D2023-1129 (Fla. 2d DCA August 21, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Making sure you have a transcript of a hearing in your Florida divorce case can help protect you in the event there is an appeal. A transcript is usually required when there is an appeal filed, and failure to provide one may result in dismissal of an appeal. There are situations, however, where a transcript may not be required because an error is apparent on the face of the judgment. This was an issue in the case Jocelyn v. Jocelyn, 5D2023-1586 (Fla. 5th DCA June 14, 2024).
Posted by Nydia Streets of Streets Law in Florida Divorce
Alimony and equitable distribution may be part of a Florida divorce case. Florida Statute Chp. 61.08 governs alimony awards, while Florida Statute Chp. 61.075 governs equitable distribution. Consideration of factors in these statutes is required when deciding these issues, Alimony and equitable distribution were issues in the case Duhamel v. Duhamel, 2D2022-4145 (Fla. 2d DCA April 26, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
What does it mean to suspend or abate a Florida alimony obligation? This means the payor is experiencing temporary hardship that affects his or her ability to pay such as the loss of employment or temporary disability. This issue must be properly brought before the court to be considered. This was an issue in the case Pappas v. Pappas, 2D22-1791 (Fla. 2d DCA February 23, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
When nominal alimony is awarded in a Florida divorce, the alimony recipient may wonder when it is time to petition for an increase in alimony. This was an issue in the case Cipollina v. Cipollina, 2D22-28 (Fla. 2d DCA January 19, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
What is temporary alimony in Florida? This is alimony awarded while a divorce case is pending, meaning before a final judgment of divorce is entered. Sometimes a temporary alimony award is needed to maintain the status quo so that a spouse who needs financial support is not waiting until trial (which could be several months away) before he or she can receive money for living expenses. Temporary support was an issue in the case Adams v. Cunningham, 4D2023-0572 (Fla. 4th DCA January 24, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
Florida Statute Chp. 61.08 governs alimony awards in a Florida divorce case. The statute was updated in 2023 to provide clearer guidelines for calculating alimony. One requirement that has remained constant, however, is that alimony should be calculated based on the net incomes of the parties rather than their gross incomes. This was an issue in the case Parker v. Parker, 2D22-2736 (Fla. 2d DCA January 17, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
The Florida statutes no longer include provisions for permanent alimony. However, a party may still be required to pay alimony for a significant period of time if the following factors are considered:
1. The extent to which the obligee’s age and employability limit the obligee’s ability for self-support, either in whole or in part.
2. The extent to which the obligee’s available financial resources limit the obligee’s ability for self-support, either in whole or in part.
3. The extent to which the obligee is mentally or physically disabled or has been diagnosed with a mental or physical condition that has rendered, or will render, him or her incapable of self-support, either in whole or in part.
4. The extent to which the obligee is the caregiver to a mentally or physically disabled child, whether or not the child has attained the age of majority, who is common to the parties. Any extension terminates upon the child no longer requiring caregiving by the obligee, or upon death of the child, unless one of the other factors in this paragraph apply.
Fla. Stat. 61.08(8)(b).
Posted by Nydia Streets of Streets Law in Florida Alimony
Terminating alimony in Florida usually requires the filing of a petition for modification or termination. Many times, a hearing is not held for several months or more than a year after the date the petition is filed. If the court decides alimony should be modified or terminated, it will consider retroactive termination. Does the fact that the other parent owes child support arrears affect any alimony amount owed? These were issues in the case Suarez v. Suarez, 4D2022-0359 (Fla. 4th DCA November 1, 2023).
