Short-Term, Moderate-Term, and Long-Term Marriages Defined
To help align the length of alimony payments with the length of a couple’s marriage, the changes in alimony laws in Florida added definitions for short, moderate, and long-term marriages. For purposes of these definitions, a marriage starts on the wedding date and ends when the divorce petition is filed with the court.
- Short-term marriage is less than 10 years,
- Moderate-term marriage is between 10 and 20 years, and
- Long-term marriage is 20 years or longer.
The purpose of these definitions is to ensure a party isn’t obligated to pay alimony for an unfair amount of time, especially in short-term marriages. The length of your marriage is a critical factor when the court calculates durational alimony.
Types of Alimony That Can Be Awarded
A spouse requesting alimony must still prove to the court that they need the support and that their soon-to-be-ex has the ability to pay the requested support. However, the reformed laws allow judges to consider economic harm related to the infidelity of either spouse when calculating payments. If a judge determines the spouse requesting alimony has satisfied these elements, they can award one of four types of alimony.
1. Temporary
Temporary alimony is available only while the divorce is pending and terminates when the divorce is finalized. The purpose of this alimony is to help the lower-earning spouse maintain the existing standard of living until all issues in the divorce are resolved. After the court finalizes the divorce, it may award alimony under one of the following plans.
2. Bridge-the-Gap
Bridge-the-gap alimony helps a spouse transition from married life to single life. This type of alimony can’t exceed more than two years and covers readily identifiable short-term needs, such as moving expenses and rent. Neither party can petition the court for a modification or extension. Alimony payments will terminate if the person receiving alimony payments remarries or either person dies.
3. Rehabilitative
Rehabilitative alimony helps a spouse acquire or redevelop skills and training they need to support themselves after the divorce. To receive rehabilitative alimony, the spouse receiving payments must have a specific plan that usually details how they will acquire or hone their skills to become self-sufficient, how long the program or plan will take, and the expected cost.
The court can award a spouse rehabilitative alimony for a maximum of five years, but the plan can be modified before that if there is a substantial change in circumstances, if the spouse isn’t complying with the plan, or when the plan is completed.
4. Durational Alimony
Durational alimony allows the court to decide the length of time a spouse is entitled to alimony. Once this time period has been set, there must be extraordinary circumstances to modify the length of time. However, Florida law does allow the amount of durational alimony to be modified or terminated based on substantial changes.
The changes in alimony laws in Florida prohibit a spouse from collecting this type of alimony if their marriage lasted less than three years. The changes also capped the number of years a spouse can receive durational alimony based on the term of their marriage. The limits for each term of marriage are:
- Short-term marriages are limited to payments for 50% of the marriage term;
- Moderate-term marriages are limited to payments for 60% of the marriage term; and
- Long-term marriages are limited to payments for 75% of the marriage term.
Payments of durational alimony should cover the recipient’s reasonable needs, but the payments cannot be more than 35% of the difference between the parties’ incomes. Also, the party paying alimony can’t be left with significantly less income than the receiving party, unless the court notes exceptional circumstances. Durational alimony terminates when either party dies or when the recipient remarries.
The option for courts to award permanent alimony was removed when the reformed alimony laws took effect on July 1, 2023.
Factors the Court Must Consider When Determining Alimony
Before the Florida alimony reform in 2023, courts used factors outlined in the 1992 Florida case of Pimm v. Pimm to help them determine the appropriate amount of alimony in divorce cases. Part of the alimony reform incorporated these factors into Florida law to try to make alimony rulings more predictable and fair. Judges overseeing any divorce filed after July 1, 2023 must consider:
- The length of the marriage;
- The standard of living during the marriage;
- The life needs of the party after the divorce is finalized;
- The impact of each party’s age, physical, mental, and emotional condition on their ability to provide for their own needs or to pay alimony;
- Each party’s resources and income from both non-marital and marital assets;
- Each party’s capabilities, education level, professional or trade skills, and employability;
- Each party’s contribution to the marriage, such as homemaking, child care, and support to build the career of the other party; and
- The responsibilities each party will have after the divorce to raise their minor children.
Florida’s reformed alimony laws allow judges to consider factors not listed above to determine fair and equitable alimony as long as the judge includes the additional information they analyzed in the court documents.
Call Beller Law, PL for More Information
Beller Law, PL has been advising clients on divorce proceedings since 2004. We take the time to understand your situation to figure out the best support for you after the divorce is settled. Our team will also work with you to explain the documents involved in a divorce and what to anticipate during court hearings. Divorce can be a stressful time of life, and we strive to minimize surprises and reduce your stress. Contact Beller Law, PL today for information on how the new laws affect your divorce.