How Is Spousal Support Calculated in Florida Divorces?
When going through a divorce, emotions often run high, and the future can feel uncertain. You may have many questions during this time, particularly regarding financial support. If you’re concerned about how spousal support will be calculated or whether you’ll be on the receiving or paying end, you’re not alone.
Divorce is an overwhelming process, and spousal support often plays a significant role in shaping what your life will look like after your marriage has ended. Understanding the factors involved isn’t just helpful; it’s necessary for achieving some peace of mind as you move forward.
At Reese Legal, based in Orlando, Florida, we’ve spent more than 27 years helping individuals in our community move through this challenging process with clarity and confidence. Whether you’re located in Windermere, Winter Park, Bay Hill, Doctor Phillips, or just visiting, we're here to guide you from our office conveniently located just one mile from Universal Studios.
Spousal support, or alimony, isn’t a simple calculation. It’s a process shaped by many factors that the courts will consider under Florida law to determine what’s fair for both parties. We aim to break these down so you can make informed and empowered decisions about your future.
What is Spousal Support?
Spousal support, commonly referred to as alimony, is financial assistance paid by one spouse to the other following a divorce. Its primary purpose is to help the lower-earning or non-earning spouse maintain financial stability and adjust to life after the marriage.
It’s important to note that spousal support is not automatic in Florida divorces. The court evaluates each case individually to decide if alimony is necessary, how much it should be, and how long it should last.
Types of Spousal Support in Florida
Florida has several types of alimony, each designed to meet different needs. Knowing which one applies to your situation is key to managing this important aspect of divorce.
Temporary alimony: This type of alimony is granted during the divorce proceedings to provide financial help until the divorce is finalized. Once the divorce is complete, this type of support ends.
Bridge-the-gap alimony: This short-term support is designed to assist the receiving spouse with transitional needs, such as moving expenses or securing housing, so they can move on to financial independence. Bridge-the-gap alimony is capped at a maximum of two years and cannot be modified after it is granted.
Rehabilitative alimony: Rehabilitative alimony is awarded to assist a spouse in acquiring the education, training, or skills necessary to enter or re-enter the workforce. To obtain this type of support, a specific plan must be presented to the court detailing the steps the receiving spouse will take to achieve self-sufficiency.
Durational alimony: Durational alimony is awarded when a marriage was too short to qualify for permanent alimony, but there’s still a need for financial assistance. The length of durational alimony cannot exceed the duration of the marriage.
Permanent alimony: Designed to address long-term financial needs, permanent alimony may be awarded when one spouse is unable to support themselves due to age, disability, or other permanent circumstances. This type of alimony is often granted in marriages lasting 17 years or longer.
How Does the Court Decide Spousal Support?
Florida family courts don’t rely on a single formula to calculate spousal support, meaning there’s no one-size-fits-all answer. Instead, the court weighs several factors to determine what’s fair under the specific circumstances of your case. Some of the key elements that are considered include the following.
Length of the marriage: The duration of the marriage is a significant factor. Generally, marriages lasting less than seven years are considered short-term, those lasting between seven and 17 years are moderate-term, and those lasting longer than 17 years are long-term. The longer the marriage, the more likely a court will consider awarding permanent or long-term support.
Each spouse’s financial resources and income: The court will review both parties' current income, assets, and debts. For example, if one spouse were primarily a stay-at-home parent while the other was the primary earner, this imbalance would likely play a role in the court’s decision.
Standard of living during the marriage: Maintaining a similar standard of living after divorce is often a key factor in determining spousal support. However, this is not always feasible, particularly if the divorce significantly reduces the couple's overall financial resources.
Earning capacity and employability: The court assesses whether the paying spouse has the ability to provide financial support. It also evaluates if the receiving spouse has the education, skills, or capacity to earn an adequate income.
Parental responsibilities: The court considers childcare responsibilities when determining spousal support if one spouse is the primary caregiver for minor children. This ensures the caregiver’s contributions are accounted for in the support decision.
Age and health of each spouse: A spouse’s age can affect their capacity to earn an income. Similarly, physical or emotional health may influence their ability to meet financial obligations.
How Reese Legal Can Help
Spousal support is a deeply personal and often complicated part of divorce. At Reese Legal, we recognize the importance of this issue and are committed to helping you achieve the best possible outcome. Whether you’re concerned about your ability to support yourself post-divorce or worried about how much you may be required to pay, we’ll work with you to present a strong case.
With decades of experience and comprehensive knowledge of Florida law, we will help you prepare for every aspect of the process, from understanding your rights to representing your best interests in court. Ending a marriage is a life-changing event, so it's important to seek legal guidance from an attorney who genuinely listens and offers solutions tailored to your needs.
If you have questions about spousal support or need personalized legal advice, don’t hesitate to contact us at Reese Legal. Based in Orlando and serving surrounding areas such as Windermere, Winter Park, Doctor Phillips, and Bay Hill, we’re conveniently located to be accessible when you need us most. Reach out today to schedule a consultation, and take the first step toward clarity and resolution in your divorce process.
Disclaimer: The information provided here is for informational purposes only and does not create an attorney-client relationship. For personalized guidance on your case, contact Reese Legal.