Naples Alimony Lawyer

Trusted Naples Alimony Attorney

Assisting Clients With Alimony Matters in Florida

Alimony, commonly referred to as spousal support or maintenance, is designed to assist the lower-earning spouse in a divorce. Whether you are entitled to receive or required to pay alimony will depend on a number of factors, and a Naples alimony lawyers from our team can review your unique situation to determine how you may be affected.

You can count on our experience and skill in this complex arena as we effectively guide you through the divorce process. We are also deeply familiar with the tax issues related to alimony. Payment of alimony is taxable to the payee and deductible to the payor.

However, under the Internal Revenue Code, the parties may opt out of taxability and deductibility if they can agree contractually to do so.

Types of Alimony in Florida

In Florida, several types of alimony can be awarded based on factors such as the standard of living during the marriage, the length of the marriage, the health and age of the parties, and the financial resources available to both parties.

The following types of alimony may be awarded in Florida:

• Temporary Alimony. Temporary support may be available while a divorce case is pending. It can help a dependent spouse with financial needs until the finalization of the divorce.
• Bridge-the-Gap Alimony. This support is intended for a spouse to transition from the marriage to being financially independent. It is generally for needs that are short-term and identifiable, and cannot exceed two years.
• Rehabilitative Alimony. Rehabilitative alimony may assist a spouse in obtaining the education, training, credentials, or work experience necessary to be able to support themselves. A specific rehabilitative plan is required, and an award generally cannot be longer than five years.
• Durational Alimony. This type of support provides financial help for a defined period of time after a qualifying marriage. Under current Florida law, durational alimony generally cannot be awarded following a marriage lasting less than three years.

Who Qualifies for Alimony in Florida?

Alimony is not automatically awarded in every Florida divorce. When the court decides whether support is appropriate, it must first determine whether one spouse has an actual financial need for alimony and whether the other spouse has the ability to pay it. In 2024, the per capita personal income in Collier County was $150,140, which highlights how high-stakes these cases can be.

A Naples alimony lawyer can help a spouse seeking support document financial need or help a potential paying spouse determine whether the requested amount is reasonable under state law.

Once need and ability to pay have been established, courts consider the following:

• The duration of the marriage
• The standard of living within the marriage
• Each spouse’s age and physical, mental, and emotional condition
• Each spouse’s income and financial resources
• Earning capacity, education, vocational skills, and employability
• Contributions made throughout the marriage, that could include childcare, homemaking, education, and supporting the career of the other spouse
• Responsibilities involving minor children the spouses have together

Florida courts may also consider adultery when it had an economic impact on the marriage. Because alimony decisions are highly dependent on the financial circumstances of both spouses, two divorces involving similar incomes or marriage lengths can still produce very different results.

How Is Alimony Calculated in Florida?

Florida does not use a single automatic formula that determines exactly what every spouse will pay. Courts first consider the recipient’s reasonable need and the paying spouse’s ability to provide support. For durational alimony, however, Florida law establishes an important ceiling. The amount is based on the reasonable need of the recipient spouse or 35% of the difference between the net incomes of each spouses, whichever is the lesser amount.

Marriage length also affects how long durational alimony may continue. Florida generally classifies marriages as:

• Short-Term. Less than 10 years
• Moderate-Term. Between 10 and 20 years
• Long-Term. 20 years or longer

A durational award ordinarily cannot exceed 50% of the length of a short-term marriage, 60% of a moderate-term marriage, or 75% of a long-term marriage. Exceptional circumstances can affect these limits.

For Naples couples with substantial income, investments, businesses, real estate, or other complex financial holdings, determining income and actual financial need may require particularly careful analysis by a seasoned Naples alimony attorney.

Can an Existing Alimony Award Be Modified?

Florida alimony awards may be terminated or modified when circumstances substantially change. Depending on the type of support and the circumstances involved, a modification may be needed after a significant change in income, retirement, remarriage, job loss, or other major financial developments.

Florida law also allows courts to consider whether a recipient has entered a supportive relationship or a cohabitation arrangement when determining whether alimony should be decreased or terminated. Because modification cases depend heavily on the existing order and current circumstances, spouses should seek legal advice before assuming that a change in income automatically changes their obligations.

Protect Yourself and Hire an Alimony Lawyer

Alimony can affect both spouses’ finances for years after a divorce. Whether you are requesting support, challenging an unreasonable request, or seeking to modify an existing award, it is crucial to understand how Florida’s current alimony laws apply to your situation.

When you hire an alimony lawyer, your attorney can evaluate income, assets, expenses, earning capacity, marriage duration, and other factors that may affect support. An attorney can also help identify complex or unique financial issues that may influence the amount or duration of an award. They can also represent you in court at Collier County Courthouse if necessary.

Shemkus Family Law, P.A. represents people in Naples and throughout Collier County in alimony and other family law matters. Michael Shemkus is Florida Supreme Court Board Certified in Marital and Family Law and provides experienced guidance in both straightforward and financially complex divorce cases. Mr. Shemkus has also been named a Super Lawyer, demonstrating excellence in the field.*

FAQs

Q: What Disqualifies You From Alimony in Florida?

A: There is no single factor that immediately disqualifies a person from receiving alimony. However, the spouse requesting support must establish an actual financial need and show that the other spouse is able to provide financial assistance. A court may deny alimony when those requirements are not established. Each spouse’s finances, earning capacity, available assets, and other factors can affect eligibility.

Q: How Does Owning a Business Affect Alimony in Naples, Florida?

A: Owning a business can make alimony calculations more complex in Naples, Florida. The business can be an asset and an income source during divorce. The court will not rely on tax filings but will examine cash flow, personal expenses within the business, depreciation, and an overall deep review that may require forensic accounting.

Q: How Hard Is It to Get Alimony in Florida?

A: It can be difficult to get alimony in Florida without supporting documentation. Receiving alimony requires evidence supporting both financial need and the other spouse’s ability to pay. Many factors within the marriage may influence the court’s decision. A strong alimony case therefore depends on detailed financial documentation rather than simply showing that one spouse earns less than the other. Our firm can help with asset tracing and can hire a forensic accountant if necessary.

Q: How Much Alimony for 20 Years of Marriage?

A: A marriage lasting 20 years or more is considered a long-term marriage under Florida’s current alimony statute. Durational alimony normally may last for up to 75% of the length of a long-term marriage, although the actual duration and amount depend on the circumstances. For example, the statutory duration ceiling for a 20-year marriage would usually be 15 years. However, that does not mean a spouse automatically receives 15 years of support.

Contact Our Naples Alimony Attorneys Today

Alimony can be one of the most financially significant issues in a divorce, especially when a marriage involves substantial income, valuable assets, or a significant difference between the spouses’ earning capabilities.

The experienced Naples attorneys at Shemkus Family Law, P.A. are adept at representing our clients’ interests throughout all aspects of divorce, including alimony determinations. The division of property can have a substantial impact on the alimony amount.

Due to our extensive experience dealing with high asset divorce and complex property division, our Naples divorce attorneys know how to protect your interests regarding alimony from the outset of your divorce proceedings. When you need to hire an alimony lawyer, contact our team to discuss your situation and learn how Florida’s current alimony laws may apply to your divorce.

*Awards and recognition are not guarantees of future results. Selection criteria vary by organization.