In Florida, there is no specific minimum number of years a couple must be married to qualify for alimony. However, the length of the marriage plays a significant role in determining whether alimony will be awarded and the type of alimony granted. Florida courts categorize marriages into three types based on their duration, and the length of the marriage can influence both the amount and duration of alimony.
Types of Marriages in Florida for Alimony Purposes
Short-Term Marriages (Less than 7 Years)
In Florida, a short-term marriage is typically one lasting less than 7 years.
Alimony is not automatically granted in short-term marriages, but it is still possible to be awarded, especially if the lower-earning spouse demonstrates a need for financial support and the other spouse has the ability to pay.
Any alimony awarded for short-term marriages is more likely to be rehabilitative (intended to help the lower-earning spouse become self-sufficient).
Moderate-Term Marriages (7 to 17 Years)
A moderate-term marriage is one that lasts between 7 and 17 years.
Courts are more likely to award rehabilitative or bridge-the-gap alimony to help the spouse get back on their feet financially.
In some cases, the court might award durational alimony (which lasts for a set period) if the recipient is unable to support themselves.
Long-Term Marriages (17 Years or More)
A long-term marriage is one lasting 17 years or more.
In long-term marriages, permanent alimony may be awarded, especially if one spouse has a significant financial need, and the other spouse has the ability to provide support.
Permanent alimony is typically awarded when the recipient spouse cannot become self-supporting due to factors like age, illness, or a lack of marketable skills, and when the marriage was long-lasting.
Based on the length of the marriage and the specific circumstances of the case, the types of alimony in Florida include:
Temporary Alimony
This is awarded during the divorce process to maintain the status quo until the final divorce settlement is reached.
Bridge-the-Gap Alimony
This type of alimony is designed to help the recipient transition from married life to single life by covering short-term expenses.
It is typically awarded in short-term and moderate-term marriages and is limited to a maximum of 2 years.
Rehabilitative Alimony
Awarded to help the lower-earning spouse gain the skills, education, or training necessary to become self-sufficient.
This is more common in short-term and moderate-term marriages.
Durational Alimony
This provides a set amount of financial support for a specified duration.
It is available in moderate-term and long-term marriages, but it is not permanent.
Durational alimony is often awarded when permanent alimony is not appropriate but the recipient still needs support.
Permanent Alimony
This is awarded in long-term marriages (17 years or more) where one spouse is unable to support themselves due to reasons like age, disability, or lack of employment opportunities.
It may be awarded to provide lifelong support if the recipient spouse cannot become self-sufficient.
Key Considerations for Alimony in Florida
Ability to Pay: The court will assess the paying spouse’s ability to support the recipient spouse while also maintaining their own reasonable needs.
Need for Support: The court will look at the recipient spouse’s need for support, which could include factors like the length of time they’ve been out of the workforce, age, and health.
Standard of Living: The court may consider the standard of living established during the marriage and attempt to maintain a similar standard for the spouse who is awarded alimony.
Conclusion
While there is no minimum number of years required to qualify for alimony in Florida, the length of the marriage significantly impacts the type and duration of alimony awarded. Short-term marriages (less than 7 years) typically receive rehabilitative or bridge-the-gap alimony, while long-term marriages (17 years or more) are more likely to result in permanent alimony. The court will also consider the financial need of the lower-earning spouse and the ability of the higher-earning spouse to pay alimony.
If you are considering divorce or alimony in Florida, it’s advisable to consult with a family law attorney who can assess your specific situation and guide you on what you may be entitled to or obligated to pay.
