There are two things to be aware of when a party is asking for alimony.
First, the court looks the monetary need of the asking spouse, and the ability to pay of the paying spouse. If the court determines that a need and ability to pay exist, (that is finding Entitlement to an alimony award) they will then,
Second, look at several factors laid out in the state statute, to determine how much alimony should be paid.
During the 2023 legislative session the alimony reform bill was passed and as of July 1, 2023 the alimony laws have changed significantly. Permanent alimony from July 1, 2023 and on is no longer a form of alimony to be requested. The new law also gives more guidance on the calculation of length of the alimony award and also the parameters for calculating the amount of alimony as well. This major change in the Florida statutes is one that Foley Family Law will continue to track and can advise you on with the questions you have about the new Florida alimony statute.
So, what type of alimony should you ask for, or expect your spouse to ask for? Alimony in Florida is codified in Florida Statute 61.08. Here is a simplified breakdown of the statute:
- Section (1): types of alimony a party can receive
- Section (2): states what must be established for a party to receive alimony
- Section (4): explains the duration of marriage, as it pertains to alimony payments
- Sections (5-8): break down of the types alimony that can be received
