Most people learn about divorce law from television, movies, or friends who got divorced in another state. That is usually an unreliable way to learn about Florida divorce law.
In Florida, spousal support is called “alimony.” Alimony is not awarded just because one spouse earned more money during the marriage, nor is it awarded just because the parties experienced a comfortable standard of living while they were together.
Standard of living is important in a Florida divorce because courts must consider “the standard of living established during the marriage and the anticipated needs and necessities of life for each party after the entry of the final judgment.” Fla. Stat. § 61.08(3)(b).
However, this standard of living is only one factor. A Florida court first decides whether one party has an actual need for alimony and whether the other party has the ability to pay it before deciding anything else about alimony. Fla. Stat. § 61.08(2)(a).
In cases where alimony is appropriate, Florida law then requires the court to determine what type of alimony–if any–should be awarded. Florida allows temporary, bridge-the-gap, rehabilitative, and durational alimony. Fla. Stat. § 61.08(1)(a).
This process makes the parties’ former lifestyles feel less important. In my practice, the threshold question is not about how much money would preserve the exact marital lifestyle. It is actually about whether there is a need, whether there is an ability to pay, and what type of alimony is allowed.
To be clear, the marital lifestyle is not completely irrelevant, but standard of living is only a part of the alimony analysis.
How Florida Courts Consider Standard Of Living When Awarding Alimony
Under Section 61.08 of the Florida Statutes, this is a two-step analysis.
First, the court must make “a specific, factual determination” as to whether the party seeking alimony has a need for it and whether the other party has the ability to pay for it. Fla. Stat. § 61.08(2)(a).
The alimony-seeking party has the burden of proving both need and the other party’s ability to pay. Fla. Stat. § 61.08(2)(a).
Only after the Florida court finds a need and an ability to pay does the court turn to the statutory factors. It must consider all relevant factors, including the duration of the marriage, the marital standard of living established, the anticipated needs and necessities of life for each party after the final judgment, age, physical and emotional condition, resources and income, earning capacities, educational levels, vocational skills, employability, contributions to the marriage, responsibilities for minor children, and any other factor necessary for equity and justice. Fla. Stat. § 61.08(3)(a)-(h).
Thus, Florida courts do not look at the marital standard of living by itself. A spouse may have enjoyed a lavish lifestyle during the marriage. Although that fact matters, the court nonetheless must decide whether the spouse has an actual need for support and whether the other spouse has the ability to pay.
Florida’s Alimony Limits And Preserving The Marital Standard Of Living
Florida does not have a universal alimony formula that automatically preserves the marital standard of living.
A spouse may mistakenly believe that if the parties lived well during their marriage, alimony should automatically be high enough to preserve that lifestyle. Florida alimony does not work that way.
Florida law starts with need and ability to pay. Fla. Stat. § 61.08(2)(a). The marital standard of living may help define what a spouse’s needs look like, but the court also considers income, resources, earning capacity, assets, debts, and what each spouse can afford after divorce.
After the 2023 amendments to section 61.08, older Florida alimony cases must be read carefully. Nonetheless, some older cases remain helpful for general principles of judicial discretion. In Canakaris v. Canakaris, the Florida Supreme Court discussed how discretion is abused when judicial action is “arbitrary, fanciful, or unreasonable.” 382 So. 2d 1197, 1203 (Fla. 1980).
Current alimony awards must still comply with the current version of section 61.08. There is a specific statutory cap for durational alimony: “[t]he amount of durational alimony is the amount determined to be the obligee’s reasonable need, or an amount not to exceed 35 percent of the difference between the parties’ net incomes, whichever amount is less.” Fla. Stat. § 61.08(8)(c).
Durational alimony is not merely whatever amount would recreate the marital lifestyle. The amount is limited by both the recipient’s reasonable need and by the 35% difference-between-net-incomes cap. Fla. Stat. § 61.08(8)(c).
Florida law further holds that “[t]he award of alimony may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances.” Fla. Stat. § 61.08(9).
So, although the marital lifestyle matters, alimony is not a lifestyle reimbursement. In a Florida divorce, the court is asking what the requesting spouse truly needs, what the other spouse can truly pay, and what type and amount of alimony Florida law allows.
How Long Alimony Lasts In A Florida Divorce
The standard of living established during the marriage may help explain why alimony should be awarded. The follow-up question, however, is how long alimony should last.
Florida law recognizes “temporary, bridge-the-gap, rehabilitative, and durational alimony.” Fla. Stat. § 61.08(1)(a).
Permanent alimony is not on that list because it is no longer an available form of alimony. In Edman v. Edman, the Fourth District Court of Appeal reversed a permanent alimony award, as the case was governed by the current version of section 61.08, and thus “[t]he trial court was only authorized to award alimony ‘in the form or forms of temporary, bridge-the-gap, rehabilitative, or durational alimony, as is equitable.’” 407 So. 3d 452, 455 (Fla. 4th DCA 2025).
Additionally, the court emphasized that “[t]he trial court made no findings regarding Wife’s ‘need’ for alimony and Husband’s ‘ability’ to pay.” Id. at 455-56.
Bridge-the-gap alimony is meant “to provide support to a party in making the transition from being married to being single” and to assist “a party with legitimate identifiable short-term needs.” Fla. Stat. § 61.08(6). It cannot exceed two years and is not modifiable in amount or duration. Id.
Rehabilitative alimony is designed to “assist a party in establishing the capacity for self-support through either: [t]he redevelopment of previous skills or credentials; or [t]he acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.” Fla. Stat. § 61.08(7)(a). The award must include a specific and defined rehabilitative plan. Fla. Stat. § 61.08(7)(b). It also cannot exceed five years. Fla. Stat. § 61.08(7)(c).
Durational alimony provides “a party with economic assistance for a set period of time.” Fla. Stat. § 61.08(8)(a). It cannot be awarded after a marriage lasting less than three years. Fla. Stat. § 61.08(8)(a).
Florida also classifies marriages by length for alimony purposes. There is a rebuttable presumption that a short-term marriage is less than 10 years, a moderate-term marriage is between 10 and 20 years, and a long-term marriage is 20 years or longer. Fla. Stat. § 61.08(5).
For durational alimony, the maximum length depends on the length of the marriage. A durational alimony award may not exceed 50% of the length of a short-term marriage, 60% of the length of a moderate-term marriage, or 75% of the length of a long-term marriage unless exceptional circumstances justify an extension under the statute. Fla. Stat. § 61.08(8)(b).
This means Florida alimony duration is not based only on how comfortable the parties’ lifestyle was during the marriage. Duration depends on the type of alimony, the length of the marriage, the spouse’s need, the other spouse’s ability to pay, and the limits in Florida’s alimony statute.
Maintaining The Same Standard Of Living After A Florida Divorce
In my experience with Florida divorces, both spouses typically do not maintain the exact same standard of living they had while married.
This is not because Florida courts ignore the marital lifestyle. The issue is usually because one household turns into two households. Thus, the income that once supported one shared lifestyle now has to support two separate lifestyles.
In Jaffy v. Jaffy, the Fourth District Court of Appeal reversed a permanent periodic alimony award after concluding that the parties’ marital lifestyle could not realistically continue after divorce; it further noted that “both sides testified that the parties could not continue their marital lifestyle on his current income.” 965 So. 2d 825, 827 (Fla. 4th DCA 2007). Because the two parties lived beyond what the husband’s income could actually support, the court reasoned that “the factor involving the standard of living during the marriage is of little practical value in deciding the alimony question.” Id. Additionally, the court warned that “[f]ixing alimony at a profligate standard of living is to turn alimony into a lottery” and that the marital standard of living is “not a super factor trumping all other factors in awarding alimony.” Id. at 828.
The same point is seen in Nichols v. Nichols, where the Fourth District stated that “the parties’ standard of living during the marriage is not a useful guide in awarding alimony where the parties lived beyond their means.” 907 So. 2d 620, 623 (Fla. 4th DCA 2005).
Alimony can help in many cases. It may reduce the financial imbalance between the parties. It may help a spouse meet reasonable needs. However, alimony will not magically double the marital income.
For instance, a spouse who lived in a large house may not be able to stay in that same home after the divorce. A spouse who went on multiple trips, hired household help, sent children to private school, paid for country club expenses, or engaged in expensive hobbies may not be able to continue every part of that lifestyle.
The court can consider those facts. Yet, it is still limited by the parties’ actual income, assets, debts, needs, and the limits of Florida law.
Both spouses often cannot keep the same standard of living once they are divorced. In Florida, the marital standard of living still matters, but it does not override the basic need-and-ability-to-pay analysis.
Proving The Standard Of Living Established During A Florida Marriage
The standard of living established during the marriage is mainly proven through evidence.
In my experience, financial affidavits are often the starting point in a Florida divorce because financial affidavits identify income, expenses, assets, debts, and other related information. This information gives the court a better understanding about what the parties earn, own, spend, and owe.
Additionally, Florida family law cases involve mandatory disclosure. Florida Family Law Rule of Procedure 12.285 requires parties to exchange financial documents and information; this helps establish whether the claimed marital lifestyle was real and sustainable or whether it was exaggerated.
To be clear, a financial affidavit alone may not tell the whole story. The standard of living can be shown through bank statements, pay stubs, credit card statements, tax returns, loan applications, mortgage records, retirement statements, insurance and business records, as well as other documents that show regular spending.
A Florida court can also evaluate testimony about how the parties lived. In Dunn v. Dunn, the Fifth District Court of Appeal considered a modification order that reduced the former wife’s permanent alimony by approximately 85%. 277 So. 3d 1081, 1085-86 (Fla. 5th DCA 2019). The appellate court reversed, reasoning that the trial court focused too much on the former wife’s current, more modest lifestyle and ignored the lifestyle established during the marriage.
The record in this case showed that the parties owned two airplanes, owned multiple residences, traveled extensively, and “did not live on a budget.” Id. at 1086. The court stated that “[t]his was the lifestyle to be considered in determining Former Wife’s standard of living.” Id.
Put simply, evidence of standard of living is not limited to a spouse’s current expenses. There are times where a spouse may live more modestly post-divorce. However, that does not erase the previous, marital lifestyle. A claimed lifestyle nonetheless still needs to be supported by actual proof.
The marital home is important evidence. Its size, location, mortgage payment, property taxes, insurance, utilities, and overall upkeep costs can all show how the parties lived while married.
Spending patterns are important, too. A couple that spent a lot on restaurants, vacations, luxury items, memberships, expensive hobbies, household help, or private school created a different financial picture than a couple that lived less lavishly or carried substantial debt.
Savings tell part of the story, as well. A high-income couple that focused on saving money likely lived differently than a high-income couple that never focused on saving and nearly spent everything they earned.
Debt is relevant. In some cases, a lifestyle was supported by income. Other times, it was supported by credit cards and loans. One party may argue that the marital lifestyle was comfortable. The other party may respond that the lifestyle was not truly sustainable.
The point of this evidence is to give the Florida court a realistic financial picture and answer the key questions about how the couple lived. What did the parties earn? What did they spend? What did they save? What did they owe? What would it reasonably cost for each spouse to live after the divorce?
If you are the spouse seeking alimony, be prepared to prove your actual need, the other spouse’s ability to pay, and the lifestyle established during the marriage. If you are the spouse opposing alimony, be prepared to show what alimony is truly affordable and whether the claimed lifestyle is realistic, exaggerated, or unsupported by the evidence.
A High Standard Of Living And Alimony In A Florida Divorce
A high standard of living during the marriage does not guarantee alimony in a Florida divorce.
There are cases where a spouse can easily prove that the parties lived very well during the marriage. That evidence can matter because it can help the court understand the parties’ needs and resources. However, the requesting spouse still needs to prove actual need, and the other spouse still needs to be able to pay. Fla. Stat. § 61.08(2)(a).
Florida case law shows that courts reject alimony awards when they appear to exist only to improve one spouse’s lifestyle at the other spouse’s expense. In Wismar v. Wismar, the Fifth District reversed permanent alimony because the wife was educated, employed, and had the capacity for self-support; an alimony award “without any basis or justification in the record, except as a means to provide the wife with a higher standard of living at the husband’s expense, constitutes an abuse of discretion.” 522 So. 2d 552, 553 (Fla. 5th DCA 1988).
Similarly, in Hann v. Hann, the Second District reversed permanent alimony because the wife was forty years old, healthy, educated, and had experience that allowed her to become self-supporting. 629 So. 2d 918, 920 (Fla. 2d DCA 1993). The court reasoned that “[t]he fact that the husband’s income was more than the income of the wife does not justify the award.” Id.
These older cases should be read carefully after the 2023 amendments to Florida’s alimony statute. As mentioned above, permanent alimony is no longer available in cases governed by the current version of section 61.08. Still, the larger point remains useful: alimony is not awarded merely because one spouse earns more or because the other spouse would prefer a higher lifestyle after divorce.
The main takeaway is that a high standard of living does not replace proof of need, ability to pay, statutory findings, and the limits on the type, amount, and duration of alimony available under Florida law.
Standard Of Living And Its Effect On A Later Alimony Modification
A later question may become whether the alimony award should be modified.
In Florida, an alimony award is not automatically frozen forever. Under section 61.14, Florida courts may modify alimony when “the circumstances or the financial ability of either party changes.” Fla. Stat. § 61.14(1)(a). Florida law also holds that rehabilitative alimony may be modified or terminated “based upon a substantial change in circumstances, upon noncompliance with the rehabilitative plan, or upon completion of the rehabilitative plan if the plan is completed before the length of the award of rehabilitative alimony expires.” Fla. Stat. § 61.08(7)(d). The amount of durational alimony can be modified or terminated based on a substantial change in circumstances. Fla. Stat. § 61.08(8)(a).
The party seeking modification has the burden of proving that modification is justified. In Pimm v. Pimm, the Florida Supreme Court stated that a moving party must show three “fundamental prerequisites”: “[f]irst, there must be a substantial change in circumstances”; second, “the change was not contemplated at the time of final judgment of dissolution”; and third, “the change is sufficient, material, involuntary, and permanent in nature.” 601 So. 2d 534, 536 (Fla. 1992).
In Regan v. Regan, the Fourth District affirmed a reduction in alimony because the former wife had reduced her expenses by more than half after moving to another state and downsizing her home. 217 So. 3d 91, 93 (Fla. 4th DCA 2017). The court held that “the trial court did not abuse its discretion in reducing alimony where the former wife had cut her expenses by more than half, as a result of moving to another state and reducing the size of her home.” Id.
In sum, post-divorce lifestyle changes do not automatically justify a modification. It is the job of the Florida court to decide whether any change is legally sufficient.
Conclusion
The standard of living established during the marriage matters in a Florida alimony case; however, it is not the whole analysis.
Florida courts consider the marital standard of living. They also consider need, ability to pay, the type of alimony requested, the length of the marriage, the parties’ income and resources, the evidence supporting the claimed lifestyle, and the limits on alimony under Florida law.
A spouse who lived comfortably during the marriage does not necessarily get alimony sufficient to replicate that lifestyle post-divorce. On the other hand, a spouse’s more modest post-divorce spending does not automatically erase the marital standard of living.
The real question is what the evidence can show.
Standard of living is no doubt an important part of the Florida alimony analysis, yet it must be considered alongside the other relevant factors.
Contact my Florida family law office to speak with an experienced Florida divorce attorney about alimony, standard of living, income, property division, and financial issues in your Florida divorce.
Russell Knight has practiced family law for more than 19 years and has handled thousands of divorces and family law cases involving alimony, property division, child support, parenting issues, business interests, income disputes, and complex financial issues.
CASES AND STATUTES REFERENCED IN THE STANDARD OF LIVING AND ALIMONY IN A FLORIDA DIVORCE ARTICLE
Florida Family Law Rule of Procedure 12.285 — Mandatory Disclosure
Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
Edman v. Edman, 407 So. 3d 452 (Fla. 4th DCA 2025)
Jaffy v. Jaffy, 965 So. 2d 825 (Fla. 4th DCA 2007)
Nichols v. Nichols, 907 So. 2d 620 (Fla. 4th DCA 2005)
Dunn v. Dunn, 277 So. 3d 1081 (Fla. 5th DCA 2019)
Wismar v. Wismar, 522 So. 2d 552 (Fla. 5th DCA 1988)
Hann v. Hann, 629 So. 2d 918 (Fla. 2d DCA 1993)
Pimm v. Pimm, 601 So. 2d 534 (Fla. 1992)
Regan v. Regan, 217 So. 3d 91 (Fla. 4th DCA 2017)
FREQUENTLY ASKED QUESTIONS ABOUT STANDARD OF LIVING AND ALIMONY IN A FLORIDA DIVORCE
Does standard of living matter in a Florida alimony case? Yes, it definitely matters. Florida courts must consider “the standard of living established during the marriage and the anticipated needs and necessities of life for each party after the entry of the final judgment.” Fla. Stat. § 61.08(3)(b).
Is standard of living the first thing a Florida court looks at for alimony? No, it is not. Before deciding the type, amount, or duration of alimony, the court has to first decide whether one spouse has a need for alimony and whether the other spouse can pay for it. Fla. Stat. § 61.08(2)(a).
Can a high standard of living during the marriage guarantee alimony in Florida? No. A high marital standard of living can support an alimony claim, but it does not replace proof of actual need, ability to pay, and the other statutory alimony factors.
Does Florida still have permanent alimony? No, Florida’s current alimony statute allows temporary, bridge-the-gap, rehabilitative, and durational alimony. Fla. Stat. § 61.08(1)(a). Permanent alimony is no longer an available form of alimony in Florida.
How much durational alimony can a Florida court award? Durational alimony is limited to the recipient’s reasonable need or an amount not exceeding 35% of the difference between the parties’ net incomes, whichever amount is less. Fla. Stat. § 61.08(8)(c).
Can Florida alimony be modified later? Yes, but it can’t be automatically. A party that wants modification usually must prove a substantial change in circumstances that was not contemplated at the time of the final judgment and is sufficient, material, involuntary, and permanent in nature.
