Common Myths About Alimony in Florida Divorce Cases

By: Jarbath Peña Law Group

When it comes to alimony in Florida, misinformation is everywhere. Whether you’re worried about paying too much or not getting what you deserve, these persistent myths can cloud your judgment. Let’s separate fact from fiction and help you understand your rights.

Alimony is one of the most misunderstood aspects of divorce. Fueled by movies and outdated notions, many people have a skewed perception of what alimony is, who gets it, and how it works. In Florida, alimony laws are complex and have undergone significant changes, making it even more important to separate fact from fiction.

Misconceptions can create unnecessary anxiety and lead to poor decisions during divorce negotiations. At Jarbath Pena Law Group, we believe in empowering our clients with accurate information. This article, for informational purposes, will debunk some of the most common myths about alimony in Florida and provide a clear overview of the current legal landscape.

Myth 1: Only Women Receive Alimony

This is perhaps the most persistent myth about alimony, rooted in a time when traditional gender roles were the norm. The reality is that Florida law is gender-neutral. Alimony is not awarded based on gender but on one spouse's demonstrated financial need and the other spouse's ability to pay.

The court's decision-making process involves a detailed analysis of the financial circumstances of both parties. If a husband was a stay-at-home parent or earned significantly less than his wife, he may be entitled to receive alimony. The key factors are the financial disparity between the spouses and the standard of living established during the marriage, not gender.

Myth 2: Alimony is a Punishment for Misconduct

Many people mistakenly believe that a spouse who commits adultery or is “at fault” for the end of the marriage will automatically have to pay more alimony as punishment. However, Florida is a “no-fault” divorce state, meaning you do not need to prove wrongdoing to obtain a divorce.

That said, adultery can still play a limited role in alimony determinations—not as a penalty, but when the affair itself creates or contributes to the financial need for support. For example, if one spouse leaves the marriage to pursue a new relationship and, as a result, the other spouse is left financially disadvantaged or unable to maintain the marital standard of living, the court may consider that factor when deciding whether alimony is appropriate.

Myth 3: There is a Fixed Formula for Calculating Alimony

Unlike child support, there is no strict mathematical formula that dictates the exact amount of alimony in Florida. However, recent legislative changes on July 1, 2023 introduced a statutory formula that establishes a maximum potential alimony amount, rather than a fixed figure. In other words, the court may award any amount from $0 up to the statutory maximum, depending on the unique circumstances of the case.

Even with this new framework, judges still retain broad discretion in determining what is fair and reasonable. The court must carefully evaluate a variety of statutory factors before deciding on an appropriate amount of alimony, including:

• The duration of the marriage.

• The standard of living established during the marriage.

• The age and physical and emotional health of each party.

• The financial resources of each party, including non-marital and marital assets and liabilities.

• The earning capacities, education levels, and employability of each party.

• The contributions each party made to the marriage, including homemaking and childcare.

Because the decision is so fact-specific, the outcome can vary greatly from one case to another. This is why having an experienced attorney to present your financial situation effectively is so critical.

Myth 4: Permanent Alimony is a Lifelong Guarantee

For years, permanent alimony was one of the most debated aspects of Florida divorce law. That all changed on July 1, 2023, when Florida officially eliminated permanent alimony for all new divorce filings. In its place, the law now offers three specific types of alimony—each designed with a clear purpose and limited duration. This shift reflects a broader legal trend toward encouraging self-sufficiency rather than lifelong financial support.

The first type is bridge-the-gap alimony, which is intended to help a spouse transition from married life to single life by covering short-term, identifiable needs. This form of support is strictly limited to a maximum of two years and cannot be modified once ordered. It’s often used to help with immediate post-divorce expenses such as moving costs, first and last month’s rent, or a limited living expenses for a short period of time.

Next is rehabilitative alimony, which supports a spouse who needs additional education, training, or credentials to become financially independent. To qualify, the receiving spouse must present a specific and detailed rehabilitative plan. This plan should outline the name of the school or program, the cost, the type of degree or certification being pursued, and the expected timeline for completion. Courts will not award this type of alimony without a clearly defined path toward self-sufficiency, and it can be terminated early if the receiving party is not in compliance.

The third and most commonly awarded type under the new law is durational alimony. This provides financial assistance for a limited time and is often awarded after short- or moderate-term marriages. The length of the award is directly tied to the duration of the marriage, and cannot exceed the actual number of years the parties were married—unless exceptional circumstances are proven with clear and convincing evidence. Florida’s updated statute now places specific caps on durational alimony based on the category of marriage length:

• For short-term marriages (less than 10 years), durational alimony cannot exceed 50% of the length of the marriage.

• For moderate-term marriages (10 to 20 years), the cap is 60% of the marriage duration.

• For long-term marriages (20 years or more), durational alimony may be awarded for up to 75% of the length of the marriage.

• Durational Alimony: Provides economic assistance for a set period. It is typically awarded after a short or moderate-term marriage and cannot last longer than the length of the marriage itself. The term of durational alimony cannot exceed the length of the marriage, except under “exceptional circumstances” where the court finds clear and convincing evidence it’s necessary. Generally speaking:

  • For short term marriages (less than 10 years of marriage) is cannot be longer than half the term of marriage. If it is a short term marriage for less 3 years, the presumption is there is no alimony awarded.

  • If it is a moderate term marriage (10 years to 20 years), alimony cannot be longer than sixty (60%) the length of the marriage. For example, a 15 year marriage cannot be awareded alimony for no longer than nine years.

  • Finally, alimony for long term marriages (20 years or longer) can be up to 70% the length of the marriage.  For example, a 40 year marriage cannot be awarded alimony for no longer than 30 years.

To illustrate: a 6-year marriage may result in up to 3 years of durational alimony, while a 15-year marriage may lead to a maximum of 9 years. In a 40-year marriage, the receiving spouse could be awarded up to 30 years of support.

With these changes, permanent, lifetime alimony is no longer an option in new cases. Instead, the law now emphasizes fairness, financial responsibility, and the goal of helping spouses become independent. Whether you expect to pay or receive alimony, understanding these new rules is essential to protecting your financial future during divorce.

Myth 5: You Must Be Married for 10 Years to Get Alimony

While the length of the marriage is a very important factor, there is no strict 10-year rule to qualify for alimony. Florida law categorizes marriage duration as follows:

• Short-term: Less than 10 years

• Moderate-term: Between 10 and 20 years

• Long-term: 20 years or more

While it may be more challenging to get alimony after a very short-term marriage, it is not impossible, especially if there is a significant income disparity or one spouse has a clear need. For instance, bridge-the-gap alimony might be appropriate even after a shorter marriage. Conversely, durational alimony is the primary option for moderate and long-term marriages.

Bonus Myth: Alimony Is Tax-Deductible for the Payor and Taxable for the Recipient

This is a common misconception that used to be true—but no longer applies under current federal tax law. Prior to 2019, alimony payments were tax-deductible for the paying spouse and considered taxable income for the receiving spouse. However, the Tax Cuts and Jobs Act (TCJA) changed that.

For all divorce agreements finalized or modified on or after January 1, 2019, alimony is no longer tax-deductible to the payor, and the recipient does not have to report it as income. This applies to all types of alimony awarded under Florida law today, including bridge-the-gap, rehabilitative, and durational alimony.

This shift in tax treatment can have a significant impact on divorce negotiations, especially when it comes to determining the amount and duration of support. It’s important to work with an experienced attorney who understands how these tax implications affect your bottom line and can help structure a settlement accordingly.

How Jarbath Pena Law Group Can Help

Navigating the complexities of alimony requires a deep understanding of Florida law and a strategic approach to financial negotiations. The myths surrounding spousal support can create confusion and prevent you from securing a fair outcome. Don't let misconceptions dictate your future.

The experienced attorneys at Jarbath Pena Law Group are here to provide the clarity and skilled advocacy you need. We will help you:

• Conduct a thorough financial analysis to determine need and ability to pay.

• Understand the types of alimony that may apply to your case.

• Gather the necessary evidence to support your position in court.

• Negotiate a fair settlement or vigorously represent you at trial.

Whether you expect to pay or receive alimony, having a knowledgeable legal partner is your greatest asset. We are committed to protecting your financial interests and helping you move forward with confidence.

If you are facing a divorce and have questions about alimony, don't rely on myths. Contact Jarbath Pena Law Group today for expert legal guidance. Call us at 305-615-1005 or visit our website at www.jp-lawgroup.com to schedule a consultation.