Spousal Support Types and Qualifications

Spousal support, commonly referred to as alimony, is a payment awarded to a spouse with a financial need after a divorce to help maintain their lifestyle and expenses during the transition from married to single life. Spousal support can be given to either spouse during a divorce, but you must show financial need and that the other spouse has the means to make payments. Learn more about the types of spousal support available in Florida and how to qualify below. Then, contact our divorce attorney in Brevard County, Florida, to see how we can help you request or modify spousal support during your divorce.

Types of Spousal Support

Here are the three primary types of spousal support available in Florida:

Bridge-The-Gap

This short-term support helps cover a spouse’s necessary expenses for the first few months after a divorce is finalized. This support could cover moving costs when moving into a new home, such as paying for a moving truck, new furniture, and appliances. This support can also cover expenses for the couple’s existing property during the marriage, such as paying the electric bill at the family home while it’s being sold. Bridge-the-gap support is capped at two years maximum after the divorce is finalized.

Rehabilitative

This alimony helps a spouse gain education or training to re-enter the workforce and become self-supporting. There’s a cap of five years on this type of support. To receive rehabilitative support, the requesting spouse must present a plan for future education and employment that discusses what the support would help them achieve.

Durational

Durational support provides financial assistance for a set period. Durational support can be used to cover a wide variety of expenses after the divorce. How long durational spousal support lasts depends on the length of the marriage.  

How Spousal Support is Determined

Several factors determine how much spousal support will be awarded and how long payments will be made. When you have a divorce attorney in Brevard County, Florida, on your side, we can help you request an appropriate amount based on your circumstances. Here are the primary factors that are considered when awarding spousal support:

Financial Need

The goal of spousal support is to help a lesser-earning spouse transition from married to single life. The difference between what each spouse makes and the overall financial need of the requesting spouse is the most important factor in determining whether spousal support will be granted and how much is awarded. Spousal support cannot be more than 35% of the difference in both spouses’ income. 

Marriage Length

Recent legislation (passed in 2023) reformed Florida’s alimony laws. Under the new guidance, how long spousal support payments will be made is determined by how long the couple was married. Shorter marriages will have shorter alimony periods compared to longer ones.

Earning Capacity

The court will assess the paying spouse’s financial status and ability to make payments for the spousal support payment period. The requesting spouse’s ability to earn income in the future is also considered.

Other Considerations

Other factors that determine the amount and duration of spousal support include each spouse’s health status and financial contributions to the marriage. Custody arrangements are also considered.

How Long Do Spousal Support Payments Last?

In Florida, all spousal support is temporary and only lasts for a specific length of time, based on how long the couple was married. Spousal support cannot last more than 50% of the marriage length for short-term marriages (marriages lasting less than ten years), 60% of the marriage length for moderate-length marriages (those between 10 and 20 years), and 75% of the marriage length for long term marriages (those lasting 20 years or longer).

How to Request Spousal Support

Spousal support is most often requested during the initial divorce petition. Either spouse can request spousal support. Unlike child support, though, spousal support isn’t automatically granted to one spouse during the divorce. It must be requested. When requesting spousal support payments, you must explain why you’re asking for the payments and how the money will help post-divorce.

Modifying or Eliminating Spousal Support

Rehabilitative and durational spousal support can be modified if there are significant changes in income, relationship status, or health. Unless a spouse requests to stop spousal support payments, they’ll continue until the award duration ends. However, if the spouse receiving payments remarries, enters a supportive relationship, or has a significant increase in income, you can request that the payments stop.

The Davies Law Firm: Divorce Attorney in Brevard County, Florida

Spousal support can quickly become a hot-button issue during divorce proceedings. New legislation changed how spousal support is awarded and applies to divorce cases filed after July 1, 2023. These changes eliminated permanent alimony. It also allowed for spousal support payments to be stopped or reduced under specific circumstances, such as a job promotion, entering a stable relationship, or remarrying. If your divorce was filed before July 1, 2023, you should speak with an experienced divorce attorney in Brevard County, Florida, to see if your spousal support payments should be modified under the new laws. Contact the Davies Law Firm at 855-688-4713 for a free consultation to discuss your situation.

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