Florida Divorce Alimony Laws Can Work to Your Advantage
Uncontested divorces in Florida make an unpleasant situation more manageable.
The largest bone of contention is often the question of alimony.
DoNotPay takes you through the Florida divorce alimony laws to make sure your settlement is fair and equitable!
Alimony involves payments made by the spouse with higher income to the lower-earning one to make sure that both parties can carry on with their lives with some financial stability.
Florida law often refers to alimony as maintenance, and the amounts involved can either be:
- Agreed on by both parties before the divorce goes to court
- Awarded by a court if no agreement is in place
Alimony is not intended as a punishment against one spouse but rather as a recognition of one spouse’s greater earning power over the other.
If a divorce case goes to court, alimony will be decided based on:
- Financial disclosure
- The length of the marriage
When you file your divorce petition in Florida, you are expected to provide a complete breakdown of your joint:
The court will take these into account when deciding on maintenance amounts.
Florida courts will also take the time you have been married into consideration and will classify your marriage as follows:
|Length of Marriage||Marriage Classification|
|Under seven years||Short-term|
|Between seven and 17 years||Medium-term|
|Over 17 years||Long-term|
Long-term marriages generally end with the highest alimony awards for the spouse who earns less.
Alimony is not necessarily a lifelong commitment. Florida courts can award the following types of alimony under state law:
- Temporary alimony—This type can be awarded during the divorce proceedings to cover interim expenses and can be replaced by a different type once the divorce has been finalized
- Bridge-the-gap alimony—To assist in a spouse’s transition to a new life, the court may award this form of alimony to assist in setting up separate households or relocating
- Rehabilitative alimony—If a spouse needs to retrain or wants to pursue a different career, this alimony type can be awarded to cover the associated costs
- Durational alimony—In short- or medium-term marriages, alimony is sometimes awarded only for the same period as the marriage lasted
- Permanent alimony—If one spouse is unable to maintain the accustomed lifestyle after a long-term marriage, Florida courts may award permanent alimony
Under ideal circumstances, you will solve the alimony question by reaching an agreement without having to go to court.
Alimony payments form a significant part of the divorce settlement agreement and should be calculated based on what a court would award if the case went to trial.
The Florida divorce alimony calculator state courts use takes 30% of the payer’s annual income minus 20% of the payee’s gross annual income to arrive at the annual alimony amount. An example would be as follows:
|Payer’ gross annual income||$100,000|
|30% of payer’s gross annual income||$30,000|
|Payee’s gross annual income||$50,000|
|20% of payee’s gross annual income||$10,000|
|Annual alimony amount payable ($30,000 minus $10,000)||$20,000|
|Monthly alimony payment||$1,667|
An out-of-court settlement means that you and your spouse reach a settlement agreement without needing to go to court.
Your divorce settlement agreement forms part of your divorce papers and details how you propose to divide your joint:
- Responsibilities, such as:
- Looking after sick or elderly relatives
- Business interests
- Expenses, including
- Contributions to joint accounts
Even if you can’t reach an agreement on every point, you may not need to pay for an attorney. As an alternative, you and your spouse can submit to a process of mediation, using a Florida-approved mediator to find a mutually acceptable solution.
Besides the divorce settlement agreement, the other documents you will need are:
- A petition for divorce
- Letter of servitude if you file alone or a waiver if you file the petition jointly
A divorce settlement agreement needs to be comprehensive but doesn’t have to be over-complicated or expensive.
You can prepare your divorce settlement agreement using the following resources:
- Lawyer—A lawyer can set up your settlement agreement, but this service can come at a considerable cost and may be unnecessary
- Online—several websites offer settlement agreement templates, but they are often not specific to Florida law or inadequate to cover all the points you need to be included
DoNotPay has the answer—we can custom-make a watertight divorce settlement agreement for you in a flash!
DoNotPay wants to help you make the process of divorce as quick, painless, and inexpensive as possible!
Using our Divorce Settlement Agreement feature, you and your spouse can tailor-make your agreement, including all the points you need to achieve a satisfactory outcome.
The feature is easy to use—all you have to do is:
- Sign up with DoNotPay in your web browser
- Go to our Divorce Settlement Agreement product
- Fill in the details you want to be included in your agreement
Once you have given us the fine points of your agreement, we will generate your document in an instant. You can print it out, sign it together with your spouse and have it notarized. If you don’t want to bother hunting for a notary in your area, we can even organize online notarization for you!
DoNotPay can help you if you are looking for specific county information within the state of Florida.
Learn all about a military divorce in Florida and find out more about Florida county laws regarding divorces! Here are some examples of county legislation we can offer advice on:
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