Think alimony is a given in every divorce? Think again. Florida courts consider alimony a tool to balance financial disparities—but not everyone qualifies. If you’re in Fort Myers and facing divorce, understanding what disqualifies someone from receiving alimony can save you time, money, and heartache. At Bergermann Law Firm, we make sure you know your rights and the limits of alimony laws.
Financial Independence of the Spouse
Alimony is intended to support the financially weaker spouse, not subsidize an independent one. If the requesting spouse has a high-paying job, substantial assets, or other means of self-support, their claim for alimony may be denied. Florida courts prioritize fairness, but they won’t award support to someone who doesn’t need it.
Short-Term Marriages
The length of your marriage matters—a lot. Florida recognizes short-term (less than seven years), moderate-term (seven to 17 years), and long-term (over 17 years) marriages. Alimony is harder to justify in short-term marriages unless one party can prove significant financial disparity. Under Florida’s 2023 reforms, alimony is now capped at 50% of the length of the marriage for marriages between three and 10 years, 60% for marriages that lasted 10-20 years and for marriages over 20 years it is capped at 75%, making it even harder to secure support in shorter unions.
Misconduct and Fault Considerations
While Florida is a no-fault divorce state, certain behaviors—like wasting marital assets—can affect alimony. Known as “dissipation of assets,” this occurs when one spouse recklessly spends money during the marriage or divorce process. If proven, the offending party could lose their right to receive support or face reduced payments.
Failure to Demonstrate Need
To qualify for alimony, the requesting spouse must prove financial need and show the other spouse’s ability to pay. Without clear evidence of economic dependence, the court may deny the request. Proper documentation—like income statements, expense records, and proof of assets—is critical. At Bergermann Law Firm, we help Fort Myers clients build strong, evidence-based cases.
Remarriage or Cohabitation
Alimony isn’t forever. Under Florida law, remarriage automatically terminates most types of alimony, as the financial responsibility shifts to the new spouse. Cohabitation with a romantic partner may also lead to modification or termination if the court determines the relationship is supportive enough to reduce financial need. Proving this often requires clear evidence, such as shared expenses or joint financial commitments.
Waivers in Prenuptial or Postnuptial Agreements
Did you sign a prenuptial or postnuptial agreement? If so, you may have already waived your right to alimony. These agreements are legally binding if they’re properly executed and enforceable under Florida law. Courts generally honor these waivers unless they’re proven to be unconscionable or obtained under duress.
Voluntary Unemployment or Underemployment
You can’t quit your job to increase your chances of receiving alimony. Florida courts evaluate earning potential, not just current income. If a spouse intentionally avoids work or takes a lower-paying job to appear financially disadvantaged, the court may impute income based on their ability to earn. Don’t expect the system to reward manipulation.
How Courts Evaluate Alimony Requests
Florida courts follow a two-step process for alimony decisions:
Need and Ability to Pay: Does one spouse need support, and can the other afford it?
Fairness Factors: Courts consider age, health, earning capacity, and contributions to the marriage when making decisions.
Understanding these criteria is key to presenting a compelling case—or challenging an unjustified claim.
Common Myths About Alimony Disqualifications
Let’s clear the air:
Myth: Cheating disqualifies you from receiving alimony.
Fact: Infidelity doesn’t typically affect alimony unless it impacts marital finances.
Myth: Men can’t receive alimony.
Fact: Gender is irrelevant. Financial need and ability to pay are what matter.
Myth: Alimony is permanent.
Fact: Florida eliminated permanent alimony in 2023. Most alimony orders are now temporary or rehabilitative.
Knowing the truth can help you set realistic expectations and avoid unnecessary conflict.
When to Act
Timing is everything in alimony cases. If you believe you or your spouse might be disqualified from receiving support, act fast. Waiting too long to raise objections—or failing to gather the right evidence—can weaken your position.
Know the Rules, Protect Your Rights
Alimony is a complex and often misunderstood part of divorce law. Understanding the disqualifications can give you an edge, whether you’re seeking support or contesting a claim. At Bergermann Law Firm, we guide Fort Myers clients through every step of the process, ensuring their rights are protected and their futures are secure.
Take Action Today
Have questions about alimony? Contact Bergermann Law Firm at (239) 334-0075 for a consultation. Let us help you navigate the complexities of Florida alimony laws with confidence.
