The issue of spousal support, or alimony, is a difficult subject in many divorce cases. Alimony creates a debtor/creditor relationship between you and your spouse and leaves a lasting connection between the both of you until the obligation for alimony ends.
The Florida legislature passed an alimony reform bill that was signed into law on June 30, 2023. The new law applies to all petitions for dissolution of marriage or support unconnected with dissolution of marriage that are filed or pending as of July 1, 2023. The effect of the new law is that permanent alimony is completely eliminated.
There are several types of alimony: temporary (during the divorce case), rehabilitative (to enable a party to become retrained, educated, and self-sufficient), durational, bridge-the-gap, and lump sum. When making a determination of a party’s entitlement to alimony, the Court follows a “two-step analysis”: (1) the court makes a specific factual determination as to whether either party has an actual need and whether either party has the ability to pay alimony, and then (2) the court shall consider the statutory factors in determining the proper type and amount of alimony. There are eight factors the court must consider when determining the proper form or forms of alimony, however, the eight factors are not exhaustive.
The eight statutory factors the Court must consider when awarding alimony are as follows:
The Court may modify an order of support, maintenance, or alimony by increasing or decreasing the support, maintenance, or alimony as equity requires, with due regard to the changed circumstances or the financial ability of the parties or the child. A party seeking to modify alimony must show (1) a substantial change in circumstances, (2) that the change was not contemplated at the time of the final judgment of dissolution, and (3) that the change is sufficient, material, involuntary, and permanent in nature.
Many times, we must take an in depth look into the parties’ actual income and available assets, the marital standard of living, and other complex issues. We will work with a forensic accountant, if necessary; to help us get the most detailed information needed to address the issue of alimony through mediation or litigation. There are also instances where the party obligated to pay alimony is voluntarily earning less income or has voluntarily become unemployed in an attempt to change or terminate the alimony obligation. In this instance, we will work with a vocational evaluator to examine the party’s specific individual circumstances along with the job market in the area and other relevant factors to determine whether income should be “imputed” to that party.
In the event you are awarded alimony there may come a time when your former spouse fails to make his or her alimony payment in full or fails to make those payments at all. In that situation you may need to seek enforcement through the court. If the court finds that your former spouse’s non-payment of alimony is willful and that he or she has the ability to pay, the court will order him or her to abide by the alimony term of your Final Judgment or Marital Settlement Agreement and may enter an order finding your former spouse in contempt and impose the appropriate sanctions to obtain compliance from your former spouse.
If you have questions about spousal support or alimony and need assistance, please reach out to us.
Mrs. Estefano has been practicing law for over 15 years in the areas of family and marital law, intellectual property law, and real estate. Delaila is a Florida Supreme Court Certified Mediator, member of the Florida Bar, and Federal Bar for the Southern District of Florida. She is the managing partner of a boutique law firm located in Miami, Florida that provides legal representation in a dedicated and personalized manner.
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