Alimony Mediation
in Florida

Reaching a Fair Agreement Without a Court Battle

Alimony can be one of the most difficult financial issues for divorcing spouses to discuss.

One spouse may be concerned about having enough income to maintain financial stability after divorce. The other may be concerned about committing to an obligation that is unaffordable or continues longer than necessary.

Those concerns do not automatically have to become a courtroom battle.

For Florida couples who are willing to exchange financial information and participate in good-faith discussions, alimony mediation provides an opportunity to work through these issues together with the assistance of a neutral mediator.

At Peacemaker Mediation Group, we help spouses identify the financial issues that need to be resolved, understand one another’s concerns, consider possible solutions, and work toward an agreement that both parties can accept.

The mediator does not decide who should receive alimony or how much one spouse should pay. The spouses remain the decision-makers.

Key Takeaways About Florida Alimony

• Florida significantly changed its alimony laws in 2023.
• Permanent alimony is no longer one of the forms of alimony available under Florida Statute §61.08.
• Florida currently recognizes temporary, bridge-the-gap, rehabilitative and durational alimony.
• A court considers whether one spouse has a need for alimony and whether the other spouse has the ability to pay.
• The length of the marriage is important in determining the potential duration of alimony.
• Income is important, but it is not the only factor considered.
• Mediation allows spouses to discuss alimony together with property division, retirement accounts, the marital home and other financial issues.
• Any alimony agreement should be clearly documented in the parties’ Marital Settlement Agreement.

When agreements are reached, those decisions can be incorporated into a comprehensive Marital Settlement Agreement and the documents required to complete the divorce.

What Changed With Florida’s 2023 Alimony Reform?

Florida substantially revised its alimony law effective July 1, 2023.

One of the most significant changes was the elimination of permanent alimony from Florida Statute §61.08.

The law now provides for several forms of alimony depending upon the circumstances:

Temporary Alimony

Temporary support may be awarded while a divorce proceeding is pending when appropriate.

Bridge-the-Gap Alimony

Bridge-the-gap alimony is intended to assist a spouse with legitimate, identifiable short-term needs associated with transitioning from married life to single life.

Florida law limits bridge-the-gap alimony to a maximum of two years.

Rehabilitative Alimony

Rehabilitative alimony is intended to help a spouse establish or reestablish the ability to become self-supporting.

This might involve obtaining education or training, redeveloping previous professional skills or credentials, or acquiring employment skills necessary to return to the workforce.

A specific rehabilitative plan is required, and Florida law generally limits rehabilitative alimony to five years.

Durational Alimony

• Durational alimony provides economic assistance for a defined period following the marriage.
• The potential duration depends significantly upon the length of the marriage.
• How Does the Length of the Marriage Affect Florida Alimony?

Under current Florida law, marriages are generally categorized as:

• Short-term marriage: less than 10 years
• Moderate-term marriage: 10 to 20 years
• Long-term marriage: 20 years or longer

For this purpose, the duration of the marriage is measured from the date of marriage to the date the action for dissolution of marriage is filed.

The classification matters because Florida places limits on the potential duration of durational alimony.

Generally, durational alimony may not exceed:

• 50% of the length of a short-term marriage
• 60% of the length of a moderate-term marriage
• 75% of the length of a long-term marriage

Florida law also provides limited circumstances under which a court may consider extending these periods.

The statutory framework provides important parameters, but every family’s financial circumstances are different.

How Is the Amount of Alimony Determined in Florida?

There is no single alimony number that applies to every Florida divorce.

A fundamental consideration is whether one spouse has an actual need for financial support and whether the other spouse has the ability to pay it.

When those circumstances exist, Florida law directs courts to consider a number of additional factors.

These can include:

• The duration of the marriage
• The standard of living established during the marriage
• Each spouse’s anticipated needs after divorce
• Each spouse’s age
• Each spouse’s physical and emotional condition
• Income and financial resources
• Marital and nonmarital assets
• Earning capacity
• Education and vocational skills
• Employability
• Contributions made by each spouse during the marriage
• Responsibilities associated with minor children
• Other circumstances relevant to reaching an equitable result

This is one reason alimony discussions can become complicated.

The question is often not simply:

“How much does each spouse earn?”

It is also:

“What will each spouse’s financial circumstances realistically look like after the divorce?”

Is There a Limit on Durational Alimony?

Florida law establishes parameters for both the duration and amount of durational alimony.

When determining an amount, the court considers the recipient’s reasonable need and the paying spouse’s ability to pay.

Current Florida law also provides that the amount of durational alimony may not exceed the lesser of the recipient’s reasonable need or 35% of the difference between the parties’ net incomes, calculated as provided by Florida law.

That statutory framework is important when spouses are discussing alimony in mediation.

Mediation should not be viewed as a way to ignore Florida law. Instead, it provides a setting where both spouses can discuss their financial circumstances and explore settlement options with an understanding of the legal framework that would otherwise guide the court.

Why Mediate Alimony Instead of Litigating It?

Alimony disputes can become expensive because they often require extensive financial information and competing arguments about need, income, expenses and future earning capacity.

In contested litigation, one spouse may attempt to prove why support should be awarded while the other attempts to prove why it should be reduced or denied.

Mediation changes the nature of the conversation.

Instead of beginning with:

“How much can I get?”

or

“How little can I pay?”

the discussion can become:

“What does each of us reasonably need to move forward, and what arrangement is financially workable?”

That does not mean either spouse has to accept an unfair proposal.

It means both spouses have an opportunity to understand the complete financial picture and participate directly in creating the solution.

Financial Transparency Is Essential

Meaningful alimony negotiations require both spouses to understand the marital finances.

Depending upon the circumstances, relevant financial information may include:

• Current income
• Bonuses and commissions
• Business or self-employment income
• Retirement income
• Investment income
• Bank and investment accounts
• Retirement accounts
• Monthly living expenses
• Debts and liabilities
• Health insurance expenses
• Assets being received through equitable distribution

A spouse cannot make an informed decision about future support without reasonably accurate information about both parties’ financial circumstances.

For that reason, financial transparency is an important part of productive alimony mediation.

Alimony Should Not Be Negotiated in Isolation

One of the advantages of divorce mediation is the ability to look at the entire financial settlement, rather than treating each asset and obligation as a completely separate dispute.

Consider a couple who must decide what happens to:

• The marital residence
• Retirement accounts
• Investment accounts
• Bank accounts
• Marital debts
• Vehicles
• Alimony

Those decisions can affect one another.

One spouse may place greater value on retaining the marital residence. Another may prefer retirement or investment assets. The distribution of income-producing assets may affect each spouse’s financial circumstances after divorce.

Mediation allows spouses to consider the overall financial picture while working toward a comprehensive settlement.

Can Spouses Agree on Alimony Through Mediation?

Yes.

Spouses can use mediation to negotiate alimony and incorporate the terms they reach into their Marital Settlement Agreement, subject to applicable Florida law and court approval.

An agreement should clearly identify the important terms.

Depending upon the circumstances, those terms may include:

• Type of alimony
• Amount
• Frequency of payments
• Beginning date
• Duration
• Method of payment
• Termination events
• Whether and under what circumstances the obligation may be modified
• Responsibility for maintaining any agreed security for the obligation
• Other terms necessary to avoid future misunderstandings

The more clearly those issues are addressed at the time of divorce, the less opportunity there is for disagreement later.

Can Life Insurance Secure an Alimony Obligation?

In appropriate circumstances, life insurance may be used to secure an alimony obligation.

This can be particularly important when the receiving spouse will depend upon alimony for many years.

Issues the parties may need to consider include:

• Amount of life insurance coverage
• Who will own the policy
• Who will be the beneficiary
• Who will pay the premium
• How long coverage must remain in place
• Whether coverage decreases as the remaining alimony obligation decreases
• How proof of coverage and beneficiary designation will be provided

These details should be carefully documented if life insurance is part of the parties’ agreement.

What Happens to Alimony When Someone Retires?

Retirement can be particularly important in long-term alimony arrangements.

Florida law contains provisions addressing reasonable retirement when modification or termination of an existing alimony obligation is sought.

Rather than leaving retirement completely unaddressed, divorcing spouses can discuss foreseeable issues during mediation.

For example:

• At what age does the paying spouse reasonably anticipate retiring?
• What happens to each spouse’s income at retirement?
• Will retirement assets have already been divided?
• How does the agreed alimony term relate to anticipated retirement?

Addressing foreseeable issues during the original negotiations can provide both spouses with greater clarity about their long-term financial obligations.

Can Existing Alimony Be Modified Through Mediation?

Depending upon the type of alimony and the terms of the existing judgment or agreement, an alimony obligation may sometimes be subject to modification.

Circumstances can change substantially after divorce.

Examples may include:

• Significant changes in income
• Job loss
• Disability
• Retirement
• Remarriage of the receiving spouse
• Certain supportive relationships
• Other substantial changes in financial circumstances

If former spouses agree that an existing arrangement needs to change, mediation may provide a way to negotiate the proposed modification without immediately returning to contested litigation.

Any modification of a court-ordered obligation should be properly documented and submitted through the appropriate legal process.

What Should an Alimony Agreement Include?

A comprehensive alimony provision should be specific enough that both spouses understand exactly what is expected after the divorce.

Important questions may include:

• How much will be paid?
• When will payments begin?
• How frequently will payments be made?
• How long will payments continue?
• What events terminate the obligation?
• Is the amount or duration modifiable?
• How will payments be made and documented?
• Will life insurance or another asset secure the obligation?
• Who is responsible for the cost of that security?
• What happens if a payment is late?

These details may seem minor while spouses are focused on reaching an agreement, but clearly addressing them can prevent significant disagreements later.

Why Choose Alimony Mediation?

• Alimony is personal.
• For one spouse, it may represent financial security after years devoted to the marriage, home or children.
• For the other, it may represent a substantial long-term financial obligation at a time when two separate households must be supported.
• Both perspectives deserve to be heard.
• Mediation provides a neutral setting where those concerns can be discussed without requiring either spouse to surrender control of the decision-making process.
• A mediator does not decide who is right.
• A mediator helps the parties work toward resolution.
• Alimony Mediation With Peacemaker Mediation Group

At Peacemaker Mediation Group, our philosophy is centered on civil discourse, financial transparency and informed decision-making.

We help Florida couples work through the financial decisions involved in divorce without automatically turning every disagreement into an adversarial legal battle.

Alimony mediation may be addressed together with:

• Equitable distribution
• The marital residence
• Retirement accounts
• Investment accounts
• Marital debts
• Life insurance
• Parenting and child-related financial matters
• Other issues necessary to reach a complete settlement

When the parties reach agreement, their decisions can be incorporated into a comprehensive Marital Settlement Agreement and the appropriate divorce documents.

Our role is neutral. We do not represent either spouse or provide legal advice to one party against the other.

Frequently Asked Questions About Alimony Mediation in Florida

Is permanent alimony still available in Florida?

Florida’s 2023 alimony reform removed permanent alimony from the forms of alimony currently available under Florida Statute §61.08.

What types of alimony are available in Florida?

Florida law currently recognizes temporary, bridge-the-gap, rehabilitative and durational alimony.

How long can bridge-the-gap alimony last?

Florida law limits bridge-the-gap alimony to no more than two years.

How long can rehabilitative alimony last?

Rehabilitative alimony generally may not exceed five years and requires a specific and defined rehabilitative plan.

How long can durational alimony last?

The maximum duration generally depends upon the length of the marriage. Florida law establishes limits of 50% of a short-term marriage, 60% of a moderate-term marriage and 75% of a long-term marriage, subject to statutory provisions addressing exceptional circumstances.

Does one spouse automatically receive alimony if the other earns more?

No. A difference in income alone does not automatically establish an alimony award. Need, ability to pay and the other factors established by Florida law must be considered.

Can we decide alimony during mediation?

Yes. Alimony can be negotiated as part of mediation along with the other financial issues in the divorce. Any agreement should be properly documented and comply with applicable Florida law.

Can alimony be secured with life insurance?

Life insurance may be used in appropriate circumstances to secure an alimony obligation. If the parties agree to such an arrangement, the amount, beneficiary designation, premiums, duration and proof-of-coverage requirements should be clearly stated.

Can an existing alimony obligation be modified through mediation?

Depending upon the type of alimony and the terms of the existing order or agreement, former spouses may be able to mediate a proposed modification when circumstances have substantially changed. Any modification should be properly documented and submitted through the appropriate court process.

A More Constructive Way to Resolve Alimony

Alimony does not have to become a contest between a “winner” and a “loser.”

It is one part of the larger financial transition that occurs when one household becomes two.

When spouses are willing to exchange financial information, communicate in good faith and consider reasonable solutions, mediation can provide a constructive way to address support while allowing both spouses to participate directly in the outcome.

Peacemaker Mediation Group helps Florida couples work through alimony and other divorce-related financial decisions through neutral mediation, civil discourse and comprehensive settlement agreements.