Frequently Asked Question about Alimony:

Question: I have a very good income. Will I have to pay alimony if I get a divorce?

Alimony is based on three things: 1) The length of the marriage; 2) one spouse’s need for alimony; and 3) the other spouse’s ability to pay alimony.

In Florida, a “long-term” marriage, in which alimony is “presumed,” is twenty years or longer. However, the twenty-year period is not “etched in stone.” A “gray period” marriage, in which alimony is “not presumed,” but possible, is between ten years and twenty years. Please know there are cases in which alimony has been rejected at seventeen years and ordered in marriages as short as four years. All of this depends on a variety of circumstances based on the three primary considerations listed above.

For example, a spouse may need alimony (spousal support) to live a comfortable life. But, if the other spouse has no ability to pay (because of huge debts or a low income), alimony will not be awarded, even with a “long-term” marriage. It is important to know that the facts of each case determine whether alimony is awarded.

If you would like to know more about whether you are likely to pay alimony, or are entitled to receive alimony as part of a divorce, please consult with a family law attorney.

Question: If I am ordered to pay alimony and I lose my job, will I still owe alimony?

Most alimony is “modifiable.” This means alimony can be increased if your income increases substantially (a huge raise, or if you win the lottery), or alimony can be decreased, if you “permanently” and “unintentionally” have a decrease in income. A court can also temporarily abate (stop) your alimony obligation if you involuntarily lose your job. However, you may have to pay the abated amount back over time when you return to work.

If you would like to learn more about how these issues may affect you, please consult with a family law attorney.

Question: My Former Wife receives alimony from me, but is supporting a live-in boyfriend. This doesn’t seem fair. What can I do?

Florida has a law that applies to “supportive relationships” which may end your alimony obligation if such a situation exists and has existed for some time.

If you would like to learn more about how this Statute may affect you, please consult with a family law attorney.