What Factors Determine Alimony Payments in Divorce Cases?

Alimony is a financial obligation one spouse may have to pay to the other after a divorce. It’s meant to help the lower-earning spouse maintain a standard of living similar to what they had during the marriage.

In Orlando, Florida, the decision to award alimony and the amount paid depend on a variety of factors, many of which are outlined in state law. Family law plays a central role in determining how much alimony is appropriate and whether it’s even necessary. The Spence Law Firm is here to help clients traverse this process with dependable support.

Before discussing the factors that influence alimony payments, it’s important to understand the different types of alimony recognized under Florida law. These are:

1. Bridge-the-gap alimony: This type of alimony helps the recipient spouse transition from married life to single life. It’s temporary and typically lasts for a short period to assist with immediate financial needs.
2. Rehabilitative alimony: This type is designed to help a spouse gain the necessary education, training, or employment skills to become self-supporting. It’s often awarded in cases where one spouse has been out of the workforce for a long period.
3. Durational alimony: This is also a temporary form of alimony but can last for a longer period than bridge-the-gap alimony. It’s typically awarded when permanent alimony is not appropriate but the recipient still needs financial support for a defined period.
4. Permanent alimony: As the name implies, this form of alimony is intended to last indefinitely. It’s awarded when the recipient spouse cannot become self-sufficient, often due to age, disability, or long-term marriage.

Each type of alimony has specific criteria that must be met before it can be awarded. Now, let’s examine the factors that judges consider when determining whether alimony should be granted and the amount that should be paid.

One of the first things a court will consider when deciding alimony payments is the length of the marriage. Florida law distinguishes between three types of marriages:

• Short-term marriages: These are marriages lasting less than seven years. In these cases, alimony is less likely to be awarded, though it’s not impossible. If awarded, the amount is usually temporary.
• Moderate-term marriages: These marriages last between seven and 17 years. In such cases, alimony may be granted, and it could be either rehabilitative or durational, depending on the circumstances.
• Long-term marriages: A long-term marriage is one that lasts 17 years or more. In these marriages, a spouse is more likely to receive permanent alimony, particularly if they’re unable to support themselves.

The longer the marriage, the more likely it is that one spouse will be entitled to alimony, especially if they’ve been financially dependent on the other for a significant portion of the marriage. A longer marriage also suggests a more established lifestyle that may be difficult to maintain for the spouse who isn’t the primary breadwinner.

Florida law requires judges to consider both the financial needs of the spouse requesting alimony and the ability of the other spouse to pay. The court will look at the income of both parties, their assets, and their standard of living during the marriage.

For example, if one spouse has significantly more income or assets than the other, it may be reasonable for the higher-earning spouse to pay alimony. This factor involves a comprehensive assessment of both spouses’ financial resources, including:

• Income from employment or business ventures
• Income from assets such as investments, retirement accounts, or rental properties
• Monthly living expenses, including mortgage payments, utility bills, and child-related costs
• Other sources of financial support, such as spousal or child support from previous marriages

The court also considers whether the paying spouse has the ability to continue meeting their own financial obligations while also supporting the other spouse. This often involves a detailed examination of both parties’ spending habits, debts, and potential for future earnings.

In a divorce case, the court may take into account the standard of living the couple maintained during the marriage. The goal of alimony is to help the receiving spouse continue to live in a similar manner to what they were accustomed to.

If one spouse lived a significantly more comfortable lifestyle during the marriage—perhaps due to the other’s high-paying job—alimony can help restore some of that comfort after the divorce.

However, the court recognizes that the standard of living during the marriage isn’t necessarily a guarantee. While a judge may try to maintain the same standard of living for both parties, they’ll also consider whether it’s reasonable or possible given the financial realities post-divorce.

Another important factor in determining alimony payments is the age and health of the spouse requesting alimony. If the recipient spouse is elderly, in poor health, or unable to work due to a medical condition, they may be entitled to greater financial support.

On the other hand, a younger and healthier spouse may not be entitled to permanent alimony if they’re capable of becoming self-supporting.

Family law in Florida recognizes that age and health conditions can severely limit an individual’s ability to provide for themselves, particularly if they’ve been out of the workforce for an extended period. In cases involving chronic illness or age-related decline, a judge may award more substantial alimony, potentially even permanent support if the circumstances demand it.

Florida courts also evaluate each spouse’s contribution to the marriage, both financial and non-financial. A spouse who stayed at home to raise children, manage the household, or support the other spouse’s career may still be entitled to alimony, even if they didn’t earn an income.

This principle recognizes the value of unpaid work, including child-rearing and homemaking. In some cases, if one spouse sacrificed their career for the other’s professional advancement, this can be a significant factor in awarding alimony.

For example, if one spouse moved for the other’s job opportunities or stayed home to care for children, they may have foregone personal career growth, which can justify the need for alimony after the divorce.

In Florida, alimony and child support are treated as separate financial obligations. However, the custody arrangement and the responsibility for child support may influence alimony decisions.

For example, if one spouse has primary custody of the children and is unable to work full-time because of childcare duties, this could be a factor in awarding alimony. Additionally, if one spouse has to pay a large amount in child support, it could reduce their ability to pay alimony, and the court may adjust the alimony award accordingly.

The tax treatment of alimony payments can also play a role in family law cases. In Florida, as of the Tax Cuts and Jobs Act of 2017, alimony payments are no longer deductible for the paying spouse, nor are they considered taxable income for the receiving spouse, at least in the case of divorces finalized after December 31, 2018.

This change in tax law has altered how alimony is viewed and negotiated in divorce cases, as both parties may have different financial considerations when it comes to taxes.

Though the tax implications are no longer as significant as they once were, it’s still something both spouses may want to consider during alimony negotiations. Paying spouses may have to adjust their expectations of what they can afford, while receiving spouses may have to plan accordingly.

Our firm is located in Orlando, Florida, and serves clients throughout Orange County, Oak Ridge, Pine Hills, Lockhart, Maitland, Azalea Park, Osceola County, Lake County, and Seminole County. Contact The Spence Law Firm to schedule a consultation with an experienced family law attorney.