Alimony and Spousal Support in Sarasota
Alimony is financial support paid by one spouse to the other during or after a divorce. It is not automatic. The court looks at whether one spouse has a financial need and whether the other spouse has the ability to pay. If you are going through a divorce in Sarasota, an experienced alimony attorney can help you understand what you may owe or what you may be entitled to receive.
At Bragg Family Law, we handle all types of alimony cases, from simple temporary support orders to complex high-income disputes involving business valuations, bonus structures, and hidden income.
Types of Alimony in Florida
Florida recognizes several types of alimony under Florida Statutes Section 61.08. The type awarded depends on the length of the marriage, each spouse's financial need, and the paying spouse's ability to pay.
Temporary Alimony
Paid during the divorce process to help the lower-earning spouse maintain financial stability while the case is pending. Temporary alimony ends when the final judgment is entered.
Bridge-the-Gap Alimony
Short-term support designed to help a spouse transition from married life to single life. It is limited to two years and cannot be modified.
Rehabilitative Alimony
Support designed to help a spouse become self-supporting through education, training, or work experience. It requires a specific rehabilitation plan approved by the court. It can be modified if the plan changes or fails.
Durational Alimony
Set payments for a specific period of time. Available in marriages of any length, but the duration cannot exceed the length of the marriage. Durational alimony can be modified if circumstances change.
Lump-Sum Alimony
A one-time payment instead of ongoing support. This can be cash, property, or a combination. Lump-sum alimony is less common but useful when one spouse wants a clean break.
Factors the Court Considers
Under Section 61.08(2), the court considers numerous factors when determining alimony, including:
- The standard of living established during the marriage
- The length of the marriage (short-term under 7 years, moderate 7-15 years, long-term over 15 years)
- Each spouse's age, physical condition, and mental health
- Each spouse's financial resources and income
- The contribution of each spouse to the marriage, including homemaking and child-rearing
- Each spouse's earning capacity and employability
- Whether one spouse gave up career opportunities for the marriage
- Each spouse's contributions to the other's education or career
- Tax consequences of the alimony award
How Long Does Alimony Last?
The duration of alimony depends on the type and the length of the marriage:
- Short-term marriage (under 7 years): Bridge-the-gap, rehabilitative, or durational alimony. Permanent alimony is unlikely.
- Moderate-term marriage (7-15 years): Durational or rehabilitative alimony is common. Permanent alimony is possible but not presumed.
- Long-term marriage (over 15 years): Permanent alimony is more likely, but still depends on need and ability to pay.
For durational alimony, the payment period cannot exceed the length of the marriage. A 10-year marriage means durational alimony cannot last more than 10 years.
Modifying Alimony
Alimony can be modified under Section 61.14 if there is a substantial, material, and unanticipated change in circumstances. Common reasons include:
- Job loss or significant income reduction
- Retirement
- Health problems affecting earning capacity
- The receiving spouse's cohabitation with a new partner (may reduce or terminate alimony)
- The receiving spouse's improved financial situation
Bridge-the-gap and lump-sum alimony cannot be modified. Temporary, rehabilitative, durational, and permanent alimony can be modified.
Tax Treatment of Alimony
For divorces finalized after December 31, 2018, alimony is no longer deductible by the paying spouse and no longer taxable to the receiving spouse under federal law. This is a significant change from prior law. Florida no longer considers the federal tax deduction in its calculations, but the court still considers the overall financial impact on both spouses.
Frequently Asked Questions
How is alimony calculated in Florida?
Florida does not have a specific formula for alimony like it does for child support. The court considers the factors listed in Section 61.08, including the length of the marriage, each spouse's income and earning capacity, the standard of living during the marriage, and each spouse's contributions. The amount is based on need and ability to pay.
How long does alimony last in Florida?
It depends on the type of alimony and the length of the marriage. Durational alimony cannot exceed the length of the marriage. Permanent alimony, when awarded in long-term marriages, continues until death, remarriage, or a court-ordered termination based on changed circumstances.
Can alimony be terminated?
Yes. Alimony ends when the receiving spouse remarries. It can also be terminated or reduced if the receiving spouse is cohabiting with a new partner in a financially supportive relationship. The paying spouse can also request modification or termination if their financial situation changes substantially.
Is alimony taxable in Florida?
For divorces finalized after December 31, 2018, alimony is not deductible by the payer and not taxable to the recipient under federal law. This applies to all new alimony awards.
What if my spouse is hiding income to avoid alimony?
Your attorney can use discovery tools to uncover hidden income, including subpoenas for bank records, depositions, and forensic accounting. The court can also impute income to a spouse who is voluntarily underemployed.
Speak With a Sarasota Alimony Attorney
Whether you are seeking alimony or facing a demand for it, you need an attorney who understands Florida's alimony statutes and how Sarasota judges apply them. Call us at (941) 893-1555 or schedule a free consultation.