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Legal Information: Florida

Divorce

Laws current as of October 6, 2023

Can I get alimony? What factors will a judge consider?

Alimony is financial support paid by, or to, your spouse and can be awarded when a divorce is granted. If you request alimony, the judge will decide if you have an actual need for alimony and if your spouse has the ability to pay it.1 The judge will consider certain factors to determine a fair amount to award, which include, but are not limited to:

  • the adultery of either spouse and any resulting economic impact;
  • the standard of living during the marriage and the anticipated needs and necessities of life for each party after the final divorce judgment;
  • the length of the marriage;
  • the age, and physical, mental, and emotional condition of you and your spouse;
  • whether either party is physically or mentally disabled and, if so, the judge will consider:
    • the resulting impact this has on:
      • your ability to provide for your own needs;  
      • the paying spouse’s ability to pay alimony; and
    • whether such conditions are expected to be temporary or permanent;
  • the resources and income of you and your spouse, including the income generated from both marital and non-marital assets;
  • the earning potential, educational levels, career levels, and the employability of you and your spouse, including the ability of either party to do the following before alimony ends:
    • get the necessary skills or education to become self-supporting; or
    • contribute to his/her self-support;
  • the contributions made by you or your spouse during the marriage, including homemaking, childcare, education, and career building of you or your spouse;
  • the responsibilities you or your spouse may have regarding any minor children from the marriage, with special consideration given to the need to care for a child with a mental or physical disability; and
  • any other factor necessary for there to be fairness and justice between you and your spouse.2

In addition, if there are special circumstances that require it, the judge may order the spouse who is paying spousal support to keep a life insurance policy or secure assets to protect the ongoing payment of support. The costs of such insurance can be ordered to be paid by either or both parties based upon a determination of each spouse’s ability to pay such costs.3

1 Fla. Stat. § 61.08(1), (2)(a)
2 Fla. Stat. § 61.08(1)(a), (3)
3 Fla. Stat. § 61.08(4)