Navigating Alimony in Florida: A Comprehensive Guide from Your Spousal Support Attorney Palm Beach

Alimony also known as spousal support is one of the most vital parts of getting divorced. The way you will receive alimony, how much you will receive, and when you will receive it has changed sharply since a previous landmark statutory change. There have been many statutory changes in the past couple years with many of them directly affecting how alimony is computed, awarded, and modified.

If you’re going through a dissolution of marriage and live in South Florida, hiring an experienced Family law attorney palm beach gardens is no longer a luxury but a requirement to help you stay afloat financially after your divorce.

At the Law Offices of Grant J. Gisondo, P.A., our firm has the strategic expertise to deal with these complicated matters from a board-certified perspective.

A Review of Recent Changes to Florida's Alimony LawsIn many states, alimony has been awarded for an indefinite length of time (either until remarriage or death) and referred to as "permanent periodic maintenance" or "indefinite alimony". In Florida, however, permanent alimony was eliminated with the passage of legislation in 2023 and will continue to be eliminated throughout the remainder of the current legislative session and into the 2026 legislative session.

While legislation has moved away from indefinite forms of alimony, modifications will still be based upon whether a spouse needs the support and can afford to pay it; therefore, before a judge will consider the award amount, the judge must engage in a two-part inquiry as follows:

Financial Need - Is the requesting spouse in genuine need of financial assistance to maintain a standard of living similar to that enjoyed during marriage?

Financial Ability - Does the other spouse have sufficient income to meet their own reasonable living expenses after paying for the requested assistance to the requesting spouse?

If both of the above requirements are met, then the court will consider the statutory factors provided under Florida Statutes to determine the structure of the award of the requested assistance to the requesting spouse (Rehabilitative or Durational).

Types of spousal support available (types of alimony):

Florida Law Currently provides four basic types of alimony; understanding which type you are entitled to is an important aspect of what you will be seeking assistance from a family law attorney in Palm Beach.

(Alimony) to provide both parties with the means to pay their normal monthly expenses until a determination has been made (the final judgment) on the divorce (Temporary Alimony). The other three types of alimony are there to assist persons with different situations.

Bridge the Gap Alimony is intended to provide support to an identified spouse until they transition from a married couple to single. The Bridge-the-gap Alimony cannot be modified either as to the amount or duration, after it has been awarded and may have a maximum duration of two years (Bridge-The-Gap Alimony).

Rehabilitative Alimony (Rehabilitation Alimony) is used for a spouse who requires education, training and/or work experience in order to become fully self-reliant. A maximum number of five years is placed on the duration of rehabilitative alimony, and a "rehabilitation plan" must be submitted to the court by the party requesting rehabilitative alimony before rehabilitative alimony can be awarded by the court.

Durational alimony is now the primary means to provide long-term financial support since courts have eliminated permanent alimony. During the transition period from permanent to durational alimony, courts will continue to follow the old permanent rules regarding support from the marriage because that is how they have provided post-divorce support since divorces began. The reason courts will still follow the old rules when determining the amount of post-divorce support is that the maximum amount of support awarded under the new durational alimony rules will be equal to 35% of the net income difference between a couple or 35% of the aquator’s unmet needs.

The duration of a marriage will determine how long one can expect to be eligible for durational alimony – the Florida Family Law Statute creates three categories of marriage based on the length of marriage. The marital category affects how long a party may be awarded durational alimony, so the time of the marriage affects how much support a party may receive by either the type or by the class of a marriage.

Marital Classification Length of Marriage Maximum Amount of Durational Alimony

Short Marriage Less than 10 Years Up to 50% of the length of the marriage.

Moderate Marriage Between 10 to 20 Years Up to 60% of the length of the marriage.

Long Marriage 20 Years or More Up to 75% of the marriage length

Elements Impacting Alimony JudgmentsWhile there are now caps and formulas on alimony, judges still have ample discretion over alimony awards. Your experienced attorney will be able to help you prove the statutory elements of your claim and will utilize evidence related to the following areas:

Standard of Living: The standard of living that has been established during the marriage is the basis for determining need. Age and Health: The physical and mental condition of each party.

Financial Resources: This would include any non-marital property, as well as how the marital property is divided (Equitable Distribution). Earning Capacity: The future ability of each spouse to earn a living based on their current vocational training, ability to find work and level of education.

Contributions to the Marriage: This includes being a homemaker, raising children, and assisting the other spouse in growing his/her career or education.

Adultery: Florida is a "no-fault" state, but the court may take into account the other party intentionally spending marital resources on an extramarital affair when determining the amount of alimony. Modifications & TerminationsLife continues beyond a divorce filing and is subject to change. Additionally, changes in income, health, or living conditions can require an individual to modify the Spousal Support Award.

Alimony and Retirement A Client Who Supports Another Client's Request For Modification Of Their Alimony Obligation Due To Their RetirementAge. Pursuant To A Florida Statute, The Retired Parent Who Has An Alimony Obligation, May Reduce Or Terminate Their Alimony Obligation When They Reach "Normal Retirement Age" OR Based On The Retired Parent's Profession On A "Normal" Retirement Date. Therefore, A Parent Who Has An Alimony Obligation Can File To Reduce OR Terminate Their Alimony Obligation Up To SIX MONTHS PRIOR TO Their Retirement Date.Revised statute criteria for modifying support clause for supportive or 'marriage-like' relationships.

If a 'supporting' spouse determines a spouse receiving alimony has commenced cohabitation on a continuous basis with a non-related person in an emotionally supportive manner OR (in the eyes of the Court) as "equivalent" to marriage, the 'supporting' spouse may file a petition requesting to have their alimony obligation to the spouse receiving alimony be reduced, terminated, or otherwise modified. The evidence presented in such cases will typically relate to joint bank accounts, jointly incurred debts for the purchase of 'marital-type' assets, or shared living expenses. Grant J. Gisondo is Board Certified by the Florida Supreme Court, Criminal Division as a specialist in Marital and Family Law.

When deciding on an attorney for spousal support issues (also known as alimony), it is important to think beyond just the individual’s legal experience. You also need to consider their knowledge of money, which is critical in every divorce or separation. Grant J. Gisondo has been certified as a specialist in marital and family law by the Florida Bar for over 20 years, making him one of only about 1% of all Florida attorneys who possess this prestigious designation. Because Grant has a background in finance and business, he is extremely skilled when it comes to identifying hidden income, valuing complex business interests, and calculating the "net income" that you need to make an informed decision regarding your potential alimony award. Whether you are the spouse who is pursuing an alimony award in order to provide for your financial future, or you are the spouse attempting to defend against paying more than what is appropriate, we provide several benefits to you.

At our law firm, we have access to resources to ensure that you will receive:

1. Financial Accuracy – We conduct thorough analyses of your spouse's tax returns, paycheck records, and lifestyle expenses.
2. Team of Experts – Whenever necessary, we collaborate with forensic accountants and vocational professionals.
3. Strong Representation – Our firm works hard to settle cases outside of court through mediation, but if necessary we engage in strong litigation to achieve our clients desired results. 4) Personalized Service – With our knowledge of the unique characteristics of families in Palm Beach County and Martin County we provide very personalized services to each family. If there is an opportunity for us to be of help to you,

please contact us to set up a complimentary consultation today. Decisions regarding your divorce will affect your finances for years and potentially decades. Do not let another person control your financial future by taking advice from an outdated lawyer or remain unrepresented.

Set Up Your Free Consultation Today Decisions made during the divorce process can stay with you financially for years, even decades thereafter. Don't leave the legwork for making a living in the future open-ended to chance or instinct or old legal advice. If you need an excellent Spousal support attorney palm beach, call the Law Offices of Grant J. Gisondo, P.A. for a free initial consultation, either in-person or virtually, to explain your rights under the current Florida statutes. Call 561 530 4568 or come to our West Palm Beach or Palm Beach Gardens offices and set your strategic plans in motion.

At Gisondo Law, we offer compassionate legal support for divorce, child custody, and all areas of family law. For more details contact us on -561-530-4568 or https://gisondolaw.com/