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| Florida Alimony Statute |
WILSON
LAW FIRM, P.L.
Attorney at Law
LAW FIRM, P.L.
Attorney at Law
W
Orange County FL Divorce Attorney & Orlando Family Law Lawyer
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advertisements. The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only
general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
Firm to speak with an Orlando divorce lawyer and Orange County Florida Alimony attorney today. The Wilson Law Firm, P.L. © 2010
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Florida Statute 61.08 - Alimony.
(1) In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be
bridge-the-gap, rehabilitative, durational, or permanent in nature or any combination of these forms of alimony. In any
award of alimony, the court may order periodic payments or payments in lump sum or both. The court may consider
the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be
awarded. In all dissolution actions, the court shall include findings of fact relative to the factors enumerated in
subsection (2) supporting an award or denial of alimony.
(2) In determining whether to award alimony or maintenance, the court shall first make a specific factual
determination as to whether either party has an actual need for alimony or maintenance and whether either party has
the ability to pay alimony or maintenance. If the court finds that a party has a need for alimony or maintenance and
that the other party has the ability to pay alimony or maintenance, then in determining the proper type and amount of
alimony or maintenance, the court shall consider all relevant factors, including, but not limited to:
(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.
(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed
to each.
(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when
applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find
appropriate employment.
(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking,
child care, education, and career building of the other party.
(g) The responsibilities each party will have with regard to any minor children they have in common.
(h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a
portion of the payment as a nontaxable, nondeductible payment.
(i) All sources of income available to either party, including income available to either party through investments of
any asset held by that party.
(j) Any other factor necessary to do equity and justice between the parties.
(3) To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay
alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with
any other assets which may be suitable for that purpose.
(4) For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a
marriage having a duration of less than 7 years, a moderate-term marriage is a marriage having a duration of greater
than 7 years but less than 17 years, and long-term marriage is a marriage having a duration of 17 years or greater.
The length of a marriage is the period of time from the date of marriage until the date of filing of an action for
dissolution of marriage.
(5) Bridge-the-gap alimony may be awarded to assist a party by providing support to allow the party to make a
transition from being married to being single. Bridge-the-gap alimony is designed to assist a party with legitimate
identifiable short-term needs, and the length of an award may not exceed 2 years. An award of bridge-the-gap
alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award of
bridge-the-gap alimony shall not be modifiable in amount or duration.
(6)(a) Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through
either:
1. The redevelopment of previous skills or credentials; or
2. The acquisition of education, training, or work experience necessary to develop appropriate employment skills or
credentials.
(b) In order to award rehabilitative alimony, there must be a specific and defined rehabilitative plan which shall be
included as a part of any order awarding rehabilitative alimony.
(c) An award of rehabilitative alimony may be modified or terminated in accordance with s. 61.14 based upon a
substantial change in circumstances, upon noncompliance with the rehabilitative plan, or upon completion of the
rehabilitative plan.
(7) Durational alimony may be awarded when permanent periodic alimony is inappropriate. The purpose of
durational alimony is to provide a party with economic assistance for a set period of time following a marriage of
short or moderate duration. An award of durational alimony terminates upon the death of either party or upon the
remarriage of the party receiving alimony. The amount of an award of durational alimony may be modified or
terminated based upon a substantial change in circumstances in accordance with s. 61.14. However, the length of
an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the
length of the marriage.
(8) Permanent alimony may be awarded to provide for the needs and necessities of life as they were established
during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities
of life following a dissolution of marriage. Permanent alimony may be awarded following a marriage of long duration,
following a marriage of moderate duration if such an award is appropriate upon consideration of the factors set forth
in subsection (2), or following a marriage of short duration if there are exceptional circumstances. An award of
permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony.
An award may be modified or terminated based upon a substantial change in circumstances or upon the existence
of a supportive relationship in accordance with s. 61.14.
(9)(a) With respect to any order requiring the payment of alimony entered on or after January 1, 1985, unless the
provisions of paragraph (c) or paragraph (d) apply, the court shall direct in the order that the payments of alimony be
made through the appropriate depository as provided in s. 61.181.
(b) With respect to any order requiring the payment of alimony entered before January 1, 1985, upon the
subsequent appearance, on or after that date, of one or both parties before the court having jurisdiction for the
purpose of modifying or enforcing the order or in any other proceeding related to the order, or upon the application of
either party, unless the provisions of paragraph (c) or paragraph (d) apply, the court shall modify the terms of the
order as necessary to direct that payments of alimony be made through the appropriate depository as provided in s.
61.181.
(c) If there is no minor child, alimony payments need not be directed through the depository.
(d)1. If there is a minor child of the parties and both parties so request, the court may order that alimony payments
need not be directed through the depository. In this case, the order of support shall provide, or be deemed to provide,
that either party may subsequently apply to the depository to require that payments be made through the depository.
The court shall provide a copy of the order to the depository.
2. If the provisions of subparagraph 1. apply, either party may subsequently file with the depository an affidavit
alleging default or arrearages in payment and stating that the party wishes to initiate participation in the depository
program. The party shall provide copies of the affidavit to the court and the other party or parties. Fifteen days after
receipt of the affidavit, the depository shall notify all parties that future payments shall be directed to the depository.
3. In IV-D cases, the IV-D agency shall have the same rights as the obligee in requesting that payments be made
through the depository.
___________________________________________________________
Please review the following Florida Statutes for some more information on Alimony, Dissolutions of Marriage,
Child Support and Time-Sharing in Florida:
Florida Statute 61.001 - Purpose of chapter.
Florida Statute 61.011 - Dissolution in chancery.
Florida Statute 61.021 - Residence requirements.
Florida Statute 61.031 - Dissolution of marriage to be a vinculo.
Florida Statute 61.043 - Commencement of a proceeding for dissolution of marriage or for alimony and child
support; dissolution questionnaire.
Florida Statute 61.044 - Certain existing defenses abolished.
Florida Statute 61.046 - Definitions.
Florida Statute 61.052 - Dissolution of marriage.
Florida Statute 61.061 Proceedings against nonresidents.
Florida Statute 61.071 - Alimony pendente lite; suit money.
Florida Statute 61.075 - Equitable distribution of marital assets and liabilities.
Florida Statute 61.076 - Distribution of retirement plans upon dissolution of marriage.
Florida Statute 61.077 - Determination of entitlement to setoffs or credits upon sale of marital home.
Florida Statute 61.079 - Premarital agreements.
Florida Statute 61.08 - Alimony.
Florida Statute 61.09 - Alimony and child support unconnected with dissolution.
Florida Statute 61.10 - Adjudication of obligation to support spouse or minor child unconnected with dissolution;
parenting plan.
Florida Statute 61.11 - Writs.
Florida Statute 61.12 - Attachment or garnishment of amounts due for alimony or child support.
Florida Statute 61.122 - Parenting plan recommendation; presumption of psychologist’s good faith; prerequisite to
parent’s filing suit; award of fees, costs, reimbursement.
Florida Statute 61.125 - Parenting coordination.
Florida Statute 61.13 - Support of children; parenting and time-sharing; powers of court.
Florida Statute 61.13001 - Parental relocation with a child.
Florida Statute 61.13002 - Temporary time-sharing modification and child support modification due to military
service.
Florida Statute 61.13003 - Court-ordered electronic communication between a parent and a child.
Florida Statute 61.13015 - Petition for suspension or denial of professional licenses and certificates.
Florida Statute 61.13016 - Suspension of driver’s licenses and motor vehicle registrations.
Florida Statute 61.1301 - Income deduction orders.
Florida Statute 61.1354 - Sharing of information between consumer reporting agencies and the IV-D agency.
Florida Statute 61.14 - Enforcement and modification of support, maintenance, or alimony agreements or orders.
Florida Statute 61.16 - Attorney’s fees, suit money, and costs.
Florida Statute 61.17 - Alimony and child support; additional method for enforcing orders and judgments; costs,
expenses.
Florida Statute 61.18 - Alimony and child support; default in undertaking of bond posted to ensure payment.
Florida Statute 61.181 - Depository for alimony transactions, support, maintenance, and support payments; fees.
Florida Statute 61.1811 - Clerk of the Court Child Support Enforcement Collection System Trust Fund.
Florida Statute - 61.1812 Child Support Incentive Trust Fund.
Florida Statute 61.1814 - Child Support Enforcement Application and Program Revenue Trust Fund.
Florida Statute 61.1816 - Child Support Clearing Trust Fund.
Florida Statute 61.1824 - State Disbursement Unit.
Florida Statute 61.1825 - State Case Registry.
Florida Statute 61.1826 - Procurement of services for State Disbursement Unit and the non-Title IV-D component of
the State Case Registry; contracts and cooperative agreements; penalties; withholding payment.
Florida Statute 61.1827 - Identifying information concerning applicants for and recipients of child support services.
Florida Statute 61.183 - Mediation of certain contested issues.
Florida Statute 61.19 - Entry of judgment of dissolution of marriage, delay period.
Florida Statute 61.191 - Application.
Florida Statute 61.20 - Social investigation and recommendations regarding a parenting plan.
Florida Statute 61.21 - Parenting course authorized; fees; required attendance authorized; contempt.
Florida Statute 61.29 - Child support guidelines; principles.
Florida Statute 61.30 - Child support guidelines; retroactive child support.
Florida Statute 61.401 - Appointment of guardian ad litem.
Florida Statue 61.402 - Qualifications of guardians ad litem.
Florida Statute 61.403 - Guardians ad litem; powers and authority.
Florida Statute 61.404 - Guardians ad litem; confidentiality.
Florida Statute 61.405 - Guardians ad litem; immunity.
Florida Statue 61.45 - Court-ordered parenting plan; risk of violation; bond.
Additional Family Law Statutes
NOTE: Florida Statutes are modified and updated from time to time by the Florida Legislature and Governor and
the latest version of the Florida Statute may not be posted on this website. In addition, you should consult with an
experienced Florida Divorce and Family Law Attorney to understand how the Florida Statutes apply and interact with
Florida case law, Florida Family law Rules of Procedure and other applicable laws and Florida Statutes.
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
divorce lawyer and Orange County divorce attorney about your situation or to schedule a Free Initial Consultation.
The Wilson Law Firm represents individuals in divorce and family law cases in the Central Florida area, including the
cities of Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount
Dora, Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs,
as well as Lake County, Orange County, Osceola County, Seminole County, and Volusia County, Florida.
(1) In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be
bridge-the-gap, rehabilitative, durational, or permanent in nature or any combination of these forms of alimony. In any
award of alimony, the court may order periodic payments or payments in lump sum or both. The court may consider
the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be
awarded. In all dissolution actions, the court shall include findings of fact relative to the factors enumerated in
subsection (2) supporting an award or denial of alimony.
(2) In determining whether to award alimony or maintenance, the court shall first make a specific factual
determination as to whether either party has an actual need for alimony or maintenance and whether either party has
the ability to pay alimony or maintenance. If the court finds that a party has a need for alimony or maintenance and
that the other party has the ability to pay alimony or maintenance, then in determining the proper type and amount of
alimony or maintenance, the court shall consider all relevant factors, including, but not limited to:
(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.
(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed
to each.
(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when
applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find
appropriate employment.
(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking,
child care, education, and career building of the other party.
(g) The responsibilities each party will have with regard to any minor children they have in common.
(h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a
portion of the payment as a nontaxable, nondeductible payment.
(i) All sources of income available to either party, including income available to either party through investments of
any asset held by that party.
(j) Any other factor necessary to do equity and justice between the parties.
(3) To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay
alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with
any other assets which may be suitable for that purpose.
(4) For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a
marriage having a duration of less than 7 years, a moderate-term marriage is a marriage having a duration of greater
than 7 years but less than 17 years, and long-term marriage is a marriage having a duration of 17 years or greater.
The length of a marriage is the period of time from the date of marriage until the date of filing of an action for
dissolution of marriage.
(5) Bridge-the-gap alimony may be awarded to assist a party by providing support to allow the party to make a
transition from being married to being single. Bridge-the-gap alimony is designed to assist a party with legitimate
identifiable short-term needs, and the length of an award may not exceed 2 years. An award of bridge-the-gap
alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award of
bridge-the-gap alimony shall not be modifiable in amount or duration.
(6)(a) Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through
either:
1. The redevelopment of previous skills or credentials; or
2. The acquisition of education, training, or work experience necessary to develop appropriate employment skills or
credentials.
(b) In order to award rehabilitative alimony, there must be a specific and defined rehabilitative plan which shall be
included as a part of any order awarding rehabilitative alimony.
(c) An award of rehabilitative alimony may be modified or terminated in accordance with s. 61.14 based upon a
substantial change in circumstances, upon noncompliance with the rehabilitative plan, or upon completion of the
rehabilitative plan.
(7) Durational alimony may be awarded when permanent periodic alimony is inappropriate. The purpose of
durational alimony is to provide a party with economic assistance for a set period of time following a marriage of
short or moderate duration. An award of durational alimony terminates upon the death of either party or upon the
remarriage of the party receiving alimony. The amount of an award of durational alimony may be modified or
terminated based upon a substantial change in circumstances in accordance with s. 61.14. However, the length of
an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the
length of the marriage.
(8) Permanent alimony may be awarded to provide for the needs and necessities of life as they were established
during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities
of life following a dissolution of marriage. Permanent alimony may be awarded following a marriage of long duration,
following a marriage of moderate duration if such an award is appropriate upon consideration of the factors set forth
in subsection (2), or following a marriage of short duration if there are exceptional circumstances. An award of
permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony.
An award may be modified or terminated based upon a substantial change in circumstances or upon the existence
of a supportive relationship in accordance with s. 61.14.
(9)(a) With respect to any order requiring the payment of alimony entered on or after January 1, 1985, unless the
provisions of paragraph (c) or paragraph (d) apply, the court shall direct in the order that the payments of alimony be
made through the appropriate depository as provided in s. 61.181.
(b) With respect to any order requiring the payment of alimony entered before January 1, 1985, upon the
subsequent appearance, on or after that date, of one or both parties before the court having jurisdiction for the
purpose of modifying or enforcing the order or in any other proceeding related to the order, or upon the application of
either party, unless the provisions of paragraph (c) or paragraph (d) apply, the court shall modify the terms of the
order as necessary to direct that payments of alimony be made through the appropriate depository as provided in s.
61.181.
(c) If there is no minor child, alimony payments need not be directed through the depository.
(d)1. If there is a minor child of the parties and both parties so request, the court may order that alimony payments
need not be directed through the depository. In this case, the order of support shall provide, or be deemed to provide,
that either party may subsequently apply to the depository to require that payments be made through the depository.
The court shall provide a copy of the order to the depository.
2. If the provisions of subparagraph 1. apply, either party may subsequently file with the depository an affidavit
alleging default or arrearages in payment and stating that the party wishes to initiate participation in the depository
program. The party shall provide copies of the affidavit to the court and the other party or parties. Fifteen days after
receipt of the affidavit, the depository shall notify all parties that future payments shall be directed to the depository.
3. In IV-D cases, the IV-D agency shall have the same rights as the obligee in requesting that payments be made
through the depository.
___________________________________________________________
Please review the following Florida Statutes for some more information on Alimony, Dissolutions of Marriage,
Child Support and Time-Sharing in Florida:
Florida Statute 61.001 - Purpose of chapter.
Florida Statute 61.011 - Dissolution in chancery.
Florida Statute 61.021 - Residence requirements.
Florida Statute 61.031 - Dissolution of marriage to be a vinculo.
Florida Statute 61.043 - Commencement of a proceeding for dissolution of marriage or for alimony and child
support; dissolution questionnaire.
Florida Statute 61.044 - Certain existing defenses abolished.
Florida Statute 61.046 - Definitions.
Florida Statute 61.052 - Dissolution of marriage.
Florida Statute 61.061 Proceedings against nonresidents.
Florida Statute 61.071 - Alimony pendente lite; suit money.
Florida Statute 61.075 - Equitable distribution of marital assets and liabilities.
Florida Statute 61.076 - Distribution of retirement plans upon dissolution of marriage.
Florida Statute 61.077 - Determination of entitlement to setoffs or credits upon sale of marital home.
Florida Statute 61.079 - Premarital agreements.
Florida Statute 61.08 - Alimony.
Florida Statute 61.09 - Alimony and child support unconnected with dissolution.
Florida Statute 61.10 - Adjudication of obligation to support spouse or minor child unconnected with dissolution;
parenting plan.
Florida Statute 61.11 - Writs.
Florida Statute 61.12 - Attachment or garnishment of amounts due for alimony or child support.
Florida Statute 61.122 - Parenting plan recommendation; presumption of psychologist’s good faith; prerequisite to
parent’s filing suit; award of fees, costs, reimbursement.
Florida Statute 61.125 - Parenting coordination.
Florida Statute 61.13 - Support of children; parenting and time-sharing; powers of court.
Florida Statute 61.13001 - Parental relocation with a child.
Florida Statute 61.13002 - Temporary time-sharing modification and child support modification due to military
service.
Florida Statute 61.13003 - Court-ordered electronic communication between a parent and a child.
Florida Statute 61.13015 - Petition for suspension or denial of professional licenses and certificates.
Florida Statute 61.13016 - Suspension of driver’s licenses and motor vehicle registrations.
Florida Statute 61.1301 - Income deduction orders.
Florida Statute 61.1354 - Sharing of information between consumer reporting agencies and the IV-D agency.
Florida Statute 61.14 - Enforcement and modification of support, maintenance, or alimony agreements or orders.
Florida Statute 61.16 - Attorney’s fees, suit money, and costs.
Florida Statute 61.17 - Alimony and child support; additional method for enforcing orders and judgments; costs,
expenses.
Florida Statute 61.18 - Alimony and child support; default in undertaking of bond posted to ensure payment.
Florida Statute 61.181 - Depository for alimony transactions, support, maintenance, and support payments; fees.
Florida Statute 61.1811 - Clerk of the Court Child Support Enforcement Collection System Trust Fund.
Florida Statute - 61.1812 Child Support Incentive Trust Fund.
Florida Statute 61.1814 - Child Support Enforcement Application and Program Revenue Trust Fund.
Florida Statute 61.1816 - Child Support Clearing Trust Fund.
Florida Statute 61.1824 - State Disbursement Unit.
Florida Statute 61.1825 - State Case Registry.
Florida Statute 61.1826 - Procurement of services for State Disbursement Unit and the non-Title IV-D component of
the State Case Registry; contracts and cooperative agreements; penalties; withholding payment.
Florida Statute 61.1827 - Identifying information concerning applicants for and recipients of child support services.
Florida Statute 61.183 - Mediation of certain contested issues.
Florida Statute 61.19 - Entry of judgment of dissolution of marriage, delay period.
Florida Statute 61.191 - Application.
Florida Statute 61.20 - Social investigation and recommendations regarding a parenting plan.
Florida Statute 61.21 - Parenting course authorized; fees; required attendance authorized; contempt.
Florida Statute 61.29 - Child support guidelines; principles.
Florida Statute 61.30 - Child support guidelines; retroactive child support.
Florida Statute 61.401 - Appointment of guardian ad litem.
Florida Statue 61.402 - Qualifications of guardians ad litem.
Florida Statute 61.403 - Guardians ad litem; powers and authority.
Florida Statute 61.404 - Guardians ad litem; confidentiality.
Florida Statute 61.405 - Guardians ad litem; immunity.
Florida Statue 61.45 - Court-ordered parenting plan; risk of violation; bond.
Additional Family Law Statutes
NOTE: Florida Statutes are modified and updated from time to time by the Florida Legislature and Governor and
the latest version of the Florida Statute may not be posted on this website. In addition, you should consult with an
experienced Florida Divorce and Family Law Attorney to understand how the Florida Statutes apply and interact with
Florida case law, Florida Family law Rules of Procedure and other applicable laws and Florida Statutes.
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
divorce lawyer and Orange County divorce attorney about your situation or to schedule a Free Initial Consultation.
The Wilson Law Firm represents individuals in divorce and family law cases in the Central Florida area, including the
cities of Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount
Dora, Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs,
as well as Lake County, Orange County, Osceola County, Seminole County, and Volusia County, Florida.
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| Orlando Divorce Attorney |
Divorce and Family Law cases in the
Central Florida area, including Lake
County, Orange County, Osceola
County, Seminole County, and
Volusia County, Florida, and the cities
of Altamonte Springs, Apopka,
Casselberry, Clermont, Kissimmee,
Lake Mary, Longwood, Maitland,
Mount Dora, Ocoee, Orlando, Oviedo,
Saint Cloud, Sanford, Wintermere,
Winter Garden, Winter Park and Winter
Springs. If you need help with a
Alimony, Divorce or Family Law
matter, call the Wilson Law Firm
Today to speak with an experienced
Orlando Divorce Attorney and Orange
County Florida Alimony Lawyer.
Central Florida area, including Lake
County, Orange County, Osceola
County, Seminole County, and
Volusia County, Florida, and the cities
of Altamonte Springs, Apopka,
Casselberry, Clermont, Kissimmee,
Lake Mary, Longwood, Maitland,
Mount Dora, Ocoee, Orlando, Oviedo,
Saint Cloud, Sanford, Wintermere,
Winter Garden, Winter Park and Winter
Springs. If you need help with a
Alimony, Divorce or Family Law
matter, call the Wilson Law Firm
Today to speak with an experienced
Orlando Divorce Attorney and Orange
County Florida Alimony Lawyer.