Court Guidelines

• Florida courts must evaluate alimony issues according to specific facts as explained in the 2010 Florida Statutes section 61.08. The factors the court must consider include how long the couple was married, what their standard of living is, how old each spouse is, who is responsible for the care of any children, the current incomes and property holdings of each spouse and the earning capacity of each spouse.
  
  

Termination

• Even if alimony awards are made a part of a Florida divorce decree, how long they last is not always easy to determine. If, for example, the court orders "bridge-the-gap" alimony, a kind of alimony intended to help the recipient until he is able to earn a steady income, that alimony cannot exceed two years, according to Florida Statutes section 61.08(5). Otherwise, alimony payments terminate when either spouse dies, when the recipient gets remarried or when the court otherwise decrees.
  
  

Settlements

• Some couples come to alimony terms through a divorce settlement without having the court make the determination for them. Courts allow couples to come to their own terms on alimony and generally will not interfere with such agreed upon payments unless the court finds the award is unreasonable. However, once the court accepts the settlement and makes it part of the divorce decrees, the couples must comply with the terms or ask the court's permission to change them.
  
  

Prenuptial Agreements

• Florida allows couples to enter into premarital agreements, also known as pre-nuptial agreements. In general, the parties can enter into whatever alimony terms they desire in the event the marriage ends in divorce and the court will enforce the agreement. However, if premarital agreements modify or eliminate alimony to the point that the would-be recipient becomes eligible for public assistance, the court can require the paying party to increase the award to the point where the recipient no longer qualifies for public assistance, according to Florida Statutes section 61.079.