Is There an Expiration Date for Spousal Support in Florida?
When a couple divorces, the court may order one spouse to pay alimony, also known as spousal support, to the other spouse. Alimony is meant to help the spouse with the lower income maintain a standard of living similar to what they were used to in the course of the marriage. However, most people wonder if spousal support lasts forever. Whether you’re the paying spouse or the spouse receiving the payments, this is a legitimate question. The answer is that it depends. The duration of spousal support varies based on the type of alimony awarded and the circumstances surrounding the divorce.
Types of Alimony and Their Duration
Florida law recognizes several types of alimony, each with its own duration and purpose. These include the following:
- Temporary Alimony
As the name suggests, this alimony is temporary and meant to support the lower-earning spouse during the divorce process. This way, they can maintain a reasonable standard of living while the divorce is pending. Temporary alimony ends once the divorce is finalized.
- Bridge-The-Gap Alimony
This alimony is designed to help the receiving spouse transition from married to single life. It’s meant for short-term support and can only last up to two years. The court may award this type of alimony to assist with immediate financial needs during the divorce process or until the designated time period.
- Rehabilitative Alimony
Rehabilitative alimony is awarded to a spouse who needs financial assistance while they acquire education or job training to become self-supporting. This alimony can be awarded for a limited period, up to five years, depending on the spouse’s needs and the divorce circumstances.
- Durational Alimony
Durational alimony is intended for spouses who need financial support for a set period after the divorce. Typically, the duration of this type of alimony depends on the length of the marriage. Marriages can be classified as short-term, moderate, or long-term in Florida. Short-term marriages last less than 10 years, while moderate-term marriages last between 10 and 20 years. Long-term marriages are those that last over 20 years. For short-term marriages, durational alimony can last up to half the duration of the marriage. For moderate-term marriages, it can last up to 60%, and for long-term marriages, up to 75%.
It’s worth noting that as of July 1, 2023, a new law went into effect with the passage of Senate Bill 1416 that abolished permanent alimony, which allowed spousal support to continue indefinitely. Now, all types of alimony have a set end date.
Can Alimony Be Terminated in Florida?
In most cases, alimony automatically ends once the court-designated periods expire. However, under certain circumstances, alimony can be terminated or modified. This may be the case for several reasons, such as:
- Cohabitation: If the spouse receiving alimony begins living with a person who provides them with financial support, the paying spouse can request a modification or termination of alimony.
- Substantial Change in Circumstances: Alimony may be modified if a significant, permanent, and involuntary change in circumstances was not anticipated when the divorce was finalized. Changes such as a substantial increase in the paying spouse’s income, a job loss, or a medical condition can affect the amount or duration of alimony payments.
Need Assistance With an Alimony Matter?
If you have further questions about your alimony payments or want to understand your rights regarding spousal support, contact our experienced Lakeland spousal support attorney at Darla K. Snead, P.L., today to discuss your case.
Source:
flsenate.gov/Committees/BillSummaries/2023/html/2984
