Divorce is never just about ending a marriage. It’s about untangling lives, responsibilities, and finances. For stay-at-home spouses in Florida, one of the biggest questions is this: Will I get alimony if I haven’t been working outside the home?
The answer depends on several factors, but Florida law does recognize the financial challenges faced by a spouse who gave up career opportunities to care for children or manage the household. That sacrifice matters when the court decides whether alimony is appropriate.
Let’s break down how alimony works in Florida, what the law says about stay-at-home spouses, and what you need to know if you’re facing divorce.
What Is Alimony in Florida?
Alimony, also called spousal support, is money that one spouse may have to pay the other after divorce. The purpose isn’t to punish the higher-earning spouse. It’s to provide financial stability so both people can move forward without unfair hardship.
Florida’s courts look at the financial need of one spouse and the ability of the other to pay. If both are present, alimony becomes a possibility.
Do Stay-at-Home Spouses Qualify for Alimony?
Yes, they can. In fact, stay-at-home spouses are often strong candidates because:
- They may have little or no income of their own.
- They may have put their career on hold to raise children or support their partner’s career.
- Their earning potential may be limited due to years away from the workforce.
Florida judges recognize these realities. The law tries to balance fairness, ensuring that a stay-at-home spouse isn’t left without resources after divorce.
But qualifying for alimony isn’t automatic. The court will look closely at the circumstances of the marriage.
Factors Courts Consider in Florida
When deciding if alimony is appropriate, Florida courts review several factors, including:
- Marriage length: Longer marriages often result in stronger claims for support.
- Living standard during the marriage: Courts try to prevent a dramatic drop in lifestyle for the lower-earning spouse.
- Age and health of spouses: Health issues or advanced age can limit earning potential.
- Financial resources and income of both spouses: This includes savings, property, and earning capacity.
- Contributions to the marriage: Non-financial contributions count too. Running the home, raising children, and supporting a spouse’s career are all valued.
- Time needed to gain education or training: If a stay-at-home spouse needs to re-enter the job market, the court may grant support while they retrain.
All these factors shape the type and length of alimony awarded.
Types of Alimony in Florida
Florida recently updated its alimony laws, making some significant changes. For instance, as of 2023, Florida no longer allows permanent alimony. Instead, courts rely more on durational and rehabilitative support. Here’s what stay-at-home spouses should know:
- Temporary Alimony: Granted while the divorce is ongoing. It helps cover expenses until the divorce is finalized.
- Bridge-the-Gap Alimony: Short-term support (up to two years) to help transition from married life to single life. Think housing deposits, utilities, or car payments.
- Rehabilitative Alimony: Designed for spouses who need education, job training, or recertification to become self-supporting. A stay-at-home spouse re-entering the workforce often qualifies here.
- Durational Alimony: Provides support for a set period after a short- or medium-length marriage. For longer marriages, it may be significant, but it cannot last longer than the marriage itself.
- Permanent Alimony (Now Eliminated): As of 2023, Florida no longer allows permanent alimony. Instead, courts rely more on durational and rehabilitative support.
How Length of Marriage Impacts Alimony
The marriage length plays a big role in determining the type and amount of alimony:
- Short-term marriages (under 10 years): Courts may lean toward bridge-the-gap or rehabilitative support.
- Moderate-term marriages (10–20 years): Durational alimony becomes more likely.
- Long-term marriages (20+ years): Strongest case for longer-lasting alimony, especially if the stay-at-home spouse has limited earning potential.
For example, a spouse who stayed home for 22 years raising children is more likely to receive longer support than someone married for only 5 years. This is because the longer the marriage, the more likely it is in a stronger case for alimony, especially if the stay-at-home spouse has limited earning potential.
Common Misconceptions About Stay-at-Home Spouses and Alimony
It’s easy to get confused about alimony. Here are a few myths worth clearing up:
- “Only women get alimony.” False. Men can also receive support if they are the stay-at-home spouse.
- “Alimony lasts forever.” Not anymore. Florida eliminated permanent alimony in 2023.
- “If I remarry, I still get alimony.” Usually false. Alimony often ends if the recipient remarries or enters a supportive relationship.
- “Child support and alimony are the same.” They’re separate. Child support is for kids, alimony is for a spouse.
The Role of Financial Security Post-Divorce
For stay-at-home spouses, the concern is more than just paying bills next month. It’s about long-term security. Divorce means starting fresh, often with fewer resources than before. Alimony is intended to cushion that transition.
If you’ve been out of the workforce for years, re-entry can feel overwhelming. Courts understand that financial independence doesn’t happen overnight. That’s why rehabilitative and durational alimony exist: to give you time to rebuild.
Practical Steps If You’re a Stay-at-Home Spouse Facing Divorce
If you think you may need alimony, here are a few practical steps:
- Gather financial records. Bank statements, tax returns, and household budgets help show your needs.
- Document contributions. Keep track of your role in raising children, managing the home, or supporting your spouse’s career.
- Consider future plans. Think about whether you’ll return to school, pursue training, or rejoin the workforce.
- Seek legal advice. Every case is unique. A divorce attorney can explain your options and protect your rights.
Why Legal Guidance Matters
Alimony decisions are rarely simple. Judges have wide discretion, and small details can make a big difference. Whether you’re the stay-at-home spouse seeking support or the higher-earning spouse asked to pay, having a lawyer ensures the outcome is fair and provides you with the necessary support and guidance during this challenging time. This fairness in the process should give you confidence in the legal system.
Final Thought
Stay-at-home spouses do have the right to request alimony in Florida, and it’s important to remember that the outcome depends on many factors: marriage length, contributions, financial need, and the ability of the other spouse to pay. Alimony is meant to provide a bridge to financial security, not to create lifelong dependence. This knowledge should empower you as you navigate the divorce process.
If you’re preparing for divorce and worried about your financial future, don’t wait until you’re in crisis. Get answers, know your rights, and start planning now.
If you need guidance, contact the Affordable Divorce Center today to discuss your options for alimony and divorce in Florida. Remember, every case is unique, and a divorce attorney can explain your options and protect your rights.
Frequently Asked Questions
1. Do stay-at-home spouses qualify for alimony in Florida?
Yes, Florida courts may award alimony to stay-at-home spouses if they show financial need and the other spouse has the ability to pay.
2. What factors determine alimony for a stay-at-home spouse in Florida?
Courts consider the marriage length, standard of living, age, health, contributions to the marriage, and each spouse’s financial situation.
3. Can a stay-at-home spouse get permanent alimony in Florida?
No. Florida eliminated permanent alimony in 2023. Instead, courts award durational or rehabilitative support.
4. Does the marriage length affect alimony in Florida?
Yes. Longer marriages often lead to stronger alimony claims, especially when one spouse hasn’t worked outside the home.
5. Can men who were stay-at-home spouses receive alimony in Florida?
Yes. Alimony is based on financial need and contributions to the marriage, not gender.
