The alimony questions Brevard County spouses actually ask — answered plainly under Florida’s post-2023 law by The Law Office of John Vernon Moore, P.A., with links to our full guides.
The Basics
Does Florida still have permanent alimony?
No — eliminated in 2023. The current forms: temporary (during the case), bridge-the-gap (max 2 years), rehabilitative (max 5 years, requires a plan), and durational (capped by marriage length). Overview: alimony practice page.
How long can alimony last now?
Durational caps: 50% of a short marriage (under 10 years), 60% of a moderate one (10-20), 75% of a long one (20+) — and none at all for marriages under 3 years absent exceptional circumstances. Details: durational alimony.
How much alimony will I pay or receive?
The lesser of the recipient’s reasonable need (at the marital standard) or 35% of the difference in net incomes — with the statutory factors shaping where below that ceiling an award lands. High-income cases turn on proving need: high net worth alimony.
Is alimony automatic in a long marriage?
Never automatic — it requires proof of one spouse’s need and the other’s ability to pay. Long marriages with wide income gaps produce the strongest cases; two self-sufficient earners produce none.
During and After the Case
Can I get support while the divorce is pending?
Yes — temporary alimony, often with interim attorney’s fees, typically heard within the first two months. Details: temporary alimony.
Can alimony be changed later?
Modifiable forms adjust on substantial change — job loss, disability, retirement — but only from the filing date forward, and bridge-the-gap and lump sum awards never change. Details: modification and termination.
What happens when the payor retires?
The 2023 reform created a defined retirement path: normal retirement age plus actual retirement supports modification or termination, filed up to 6 months early. Details: retirement and alimony.
Does my ex living with someone end my payments?
A proven supportive relationship — measured by economic factors, not labels — requires reduction or termination, with the burden shifting to the recipient once cohabitation is shown. Details: cohabitation.
Money Mechanics
Is alimony taxable?
Post-2018 agreements are federally tax-neutral — no deduction for the payor, no income to the recipient. Pre-2019 awards keep the old treatment. Details: alimony and taxes.
Can we settle alimony with one payment instead of monthly checks?
Yes — lump sums and buyouts trade the stream for a discounted fixed sum, often funded with property. Details: lump sum and buyouts.
What if my spouse quits work to dodge alimony — or to inflate their need?
Imputation runs both directions: courts calculate on earning capacity, with vocational evaluations resolving disputes. Details: income imputation.
What happens if alimony is not paid?
Income deduction, contempt with purge-conditioned jail, judgments with interest, and fee awards against the violator — while genuine inability has its own lawful path. Details: enforcement.
Special Situations
Does adultery affect alimony?
Courts may consider either spouse’s adultery and its economic impact — a factor, not a verdict. Details: divorce after infidelity.
How does military retirement interact with alimony?
They are separate streams — retired pay division is property; alimony is support — with interaction rules around double-counting and VA waivers. Details: military retirement and alimony.
Can a prenup eliminate alimony?
Valid agreements can waive or define support, and they control when enforceable. Details: prenuptial agreements.
Do I need a lawyer for an alimony case?
The 2023 reform made alimony more formulaic and more technical at once — caps, burdens, and characterizations that move real money. At minimum, price your case in a consultation before negotiating it.
Your Situation, Priced Honestly
Our team — over 89 years of combined experience under both the old law and the new — answers these questions for real cases every week, and the first 30 minutes are free. Call (321) 529-7777 or contact us online.