When entering into divorce proceedings, two of the most consequential financial questions clients face are how marital property will be divided and whether spousal support will be awarded. The decisions made in these areas will shape your financial future for years to come, which is why it is so important to work with an experienced attorney who is committed to protecting your personal and financial interests at every stage of the process.
At Jenkinson Legal, each alimony and property division case is unique, and we treat it that way. We focus on informing our clients about their legal options so they are well-equipped to make important decisions about their future. Whether you are seeking alimony, contesting a spousal support claim, working to ensure that marital assets are fairly identified and divided, or protecting separate property you brought into the marriage, we are here to advocate aggressively and effectively on your behalf.
We serve clients throughout Central Florida, including Orange, Seminole, Osceola, Lake, Polk, Volusia, and Brevard counties. Call us today at (321) 837-9547 for a FREE initial consultation.
Alimony and Spousal Support in Florida
Alimony, also referred to as spousal support, is a form of financial relief that may be sought when one spouse petitions the court for a dissolution of marriage. When entering a divorce, many people wonder whether alimony will apply to their case, and if so, how much will be awarded and for how long. These are important questions, and the answers depend on a careful analysis of the specific circumstances of each marriage.
Is Alimony Automatic?
In Florida, alimony is not automatically awarded when spouses divorce. The court must first make a factual finding that one spouse has a demonstrated need for support and that the other spouse has the ability to pay. Once this threshold test has been satisfied, the court must then determine what type of alimony is appropriate and in what amount. Numerous factors set forth in Florida Statute § 61.08 guide the court’s determination, including:
- The length of the marriage
- The standard of living established during the marriage
- The financial resources and earning capacity of each spouse
- The age and physical and emotional health of each spouse
- The contribution of each spouse to the marriage, including contributions to the career or educational opportunity of the other spouse, as well as homemaking, child rearing, and support of the other spouse’s career
- The time necessary for a spouse seeking alimony to obtain education or training to become self-supporting
- The tax treatment and consequences of any alimony award
- All sources of income available to either party
- Any other factor the court deems relevant to achieve equity between the parties
Florida’s 2023 Alimony Reform: What Changed
Florida made the most significant changes to its alimony laws in decades when Governor DeSantis signed HB 1301 into law effective July 1, 2023. The most important change was the elimination of permanent alimony in Florida. Courts may no longer award permanent alimony in new divorce cases filed after the effective date. This was a landmark shift that fundamentally changed the long-term financial landscape for many divorcing couples.
Under the current law, Florida courts may award only the following forms of alimony:
- Bridge-the-gap alimony, which is intended to help a spouse transition from married to single life by assisting with legitimate, identifiable short-term needs. It may not be modified in amount or duration and may not exceed two years.
- Rehabilitative alimony, which is intended to assist a spouse in establishing the capacity for self-support through redevelopment of previous skills or credentials, or the acquisition of education, training, or work experience necessary to develop employment skills or credentials. A specific and defined rehabilitative plan is required.
- Durational alimony, which provides economic assistance for a set period of time when permanent support is not appropriate. The duration of durational alimony may not exceed the length of the marriage. For a short-term marriage of less than 10 years, the cap is 50% of the length of the marriage. For a moderate-term marriage of 10 to 20 years, the cap is 60% of the length of the marriage. For a long-term marriage of 20 or more years, the cap is 75% of the length of the marriage. The amount may not exceed the recipient spouse’s reasonable need or 35% of the difference between the parties’ net incomes.
These changes apply to all new divorce cases filed on or after July 1, 2023. If you have an existing alimony order from before that date, the prior law that was in effect when your order was entered continues to govern, though modification petitions filed after July 1, 2023 are subject to the new standards.
Understanding how these changes apply to your specific situation is essential. Whether you are seeking alimony, trying to limit your exposure to a support obligation, or navigating a modification under the new law, Attorney AnnMarie Jenkinson can explain your options clearly and develop the best strategy for your circumstances.
When Does Alimony End?
In Florida, alimony automatically terminates upon the death of either party or upon the remarriage of the spouse receiving support. Additionally, if the receiving spouse enters into a supportive relationship with another person, the paying spouse may petition the court for a modification or termination of the alimony obligation based on that relationship. The court will consider factors such as whether the recipient is residing with the other person, whether there is a contribution to the recipient’s support by the other person, and the length and nature of the relationship.
Equitable Distribution of Marital Property and Debts
Florida is an equitable distribution state. This means that when a couple divorces, marital assets and liabilities must be distributed between the parties in a manner that is fair and equitable. The court begins with the presumption that the distribution should be equal, and then considers whether any factors would justify an unequal distribution in a particular case. Equitable means fair — it does not always mean 50/50, but equal division is always the starting point.
The factors the court considers when determining how to distribute marital assets and liabilities are set forth in Florida Statute § 61.075 and include the contribution to the marriage by each spouse (including contributions as a homemaker), the economic circumstances of the parties, the duration of the marriage, any interruption of a spouse’s career or educational opportunity, and the intentional dissipation, waste, depletion, or destruction of marital assets within two years prior to the filing of the petition or at any time after the petition was filed.
What Is Marital Property?
Under Florida law, marital property is generally considered to be assets and liabilities that were acquired during the duration of the marriage, regardless of whose name they are in. Items that are typically classified as marital property include:
- Real property acquired during the marriage, including the marital home
- Bank accounts, investment accounts, and brokerage accounts accumulated during the marriage
- Retirement accounts, pensions, and deferred compensation accumulated during the marriage
- Businesses or interests in businesses that were established or grew in value during the marriage
- Personal property titled jointly or acquired during the marriage
- Gifts from one spouse to the other during the marriage
- The enhanced value of non-marital assets that resulted from marital labor or funds
- Marital debts and liabilities incurred during the marriage
The law also takes into account the value of a spouse’s contribution toward the other spouse’s career or financial success. For example, if a spouse supported the other spouse’s business by managing the household, raising the children, entertaining clients, or otherwise enabling the other spouse to focus on building a career or business, the growth and increased value of that career or business may be counted as part of the marital estate.
What Is Non-Marital Property?
Not all property a spouse holds at the time of divorce is subject to equitable distribution. Property that would generally be classified as non-marital, or separate, property includes assets owned by one spouse prior to the marriage, assets received as a gift from a third party or by inheritance during the marriage, income generated from non-marital assets (where that income has not been commingled with marital funds), and property that both spouses have agreed in writing to treat as separate. Separate property generally remains with its owner in a dissolution of marriage.
However, separate property can become complicated in practice. When separate assets are commingled with marital funds, when a spouse’s labor or marital money is used to improve separate property, or when separate property is retitled jointly, the non-marital character of the asset can become unclear or may be lost entirely. Protecting the character of your separate property requires careful attention and experienced legal advocacy.
Valuing Marital Property
Once an asset has been classified as marital property, it must be valued. Generally, a valuation date is established for marital assets, which may be the date of separation or the date the petition for dissolution is filed. In Florida, the judge has the ability to determine the appropriate valuation date for specific assets and debts on a case-by-case basis.
To make sure that one spouse does not have an advantage over the other, it is essential to enlist the help of a family law attorney with experience in identifying and valuing marital property. If the spouses cannot agree on the proper value of a marital asset, then it will fall to a judge to make that determination. We work with financial professionals, accountants, and business valuation experts as necessary to ensure that assets are accurately and fairly valued in the equitable distribution process.
Protecting Against Dissipation and Hidden Assets
In some divorce cases, a spouse may attempt to hide assets, transfer property to third parties, or intentionally diminish the value of marital property to reduce the other spouse’s share. At Jenkinson Legal, we fight aggressively to uncover any hidden assets and make certain that property is fairly divided. We use the full scope of the discovery process, including financial affidavits, subpoenas, depositions, and forensic accounting resources, to ensure that the marital estate is fully and accurately disclosed.
If you have reason to believe your spouse is dissipating or concealing marital assets, we can petition the court for an injunction. An injunction essentially freezes the assets in question, preventing a spouse from selling, transferring, or otherwise disposing of marital property during the course of the divorce proceedings. Any party going through a divorce should consider retaining an experienced attorney to protect their legal rights and ensure equity is done between the parties.
Contact Jenkinson Legal Today
Choosing the right divorce attorney is the first step in protecting your financial rights in family court. Divorce proceedings involving alimony and property division can become complex very quickly, and the decisions made in these areas will have a lasting impact on your financial future. You need an attorney who will advocate aggressively for a fair outcome and who will keep you fully informed throughout the process.
Divorce law and family law are among the most delicate legal issues you will ever face. Your future life as an individual and as a family will be affected by the manner in which these matters are resolved. At Jenkinson Legal, we have one simple objective: provide personalized, one-on-one attention to our clients’ legal worries so they can concentrate on life and family. Attorney AnnMarie Jenkinson will work tirelessly to understand your goals, protect your interests, and help you take the appropriate legal steps toward a brighter future.
Call Jenkinson Legal today at (321) 837-9547 for a FREE initial consultation. You may also reach us by email through this website to discuss your needs, options, and legal rights as quickly as possible. We proudly serve clients throughout Orange, Seminole, Osceola, Lake, Polk, Volusia, and Brevard counties.
Legal disclaimer: This page is intended for general informational purposes only and does not constitute legal advice. Laws and procedures may change. Please consult a licensed Florida family law attorney for advice specific to your situation.
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