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The decisions made in the next few weeks will shape your financial life for years, and in Florida, where durational alimony no longer exists, the type and duration of support awarded depends heavily on how the case is built from the start. When the right financial picture is established early, the negotiation can look very different from one where the numbers are contested late in the process.
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What You Sign Today Defines the Next Decade
There is no simple formula for how alimony gets decided. The court looks at what you earn, what you need, how long the marriage lasted, and what your life actually costs. Since the 2023 reform, the rules changed and the type of alimony you qualify for depends on factors most people do not know to argue. Cabanas Law Firm represents both the paying and receiving spouse in Miami, and we build each case on the financial reality, not assumptions.
What Our Clients Think of Cabanas Law Firm
Would recommend this firm to friends. I engaged them to handle making an adjustment to my divorce settlement agreement. As it was likely to cost less than the retainer in this case, they kindly agreed to refund any remaining money. They handled everything perfectly and professionally, and I’ve just received a check with the remaining funds. Thank you Cabanas
I would highly recommend attorney Sergio Cabanas to anyone going through a divorce. In fact, I’ve already referred some of my friends. His knowledge of family law was evident from the get-go and it helped me to feel confident and protected when making decisions. His communication skills are outstanding. Sergio Cabanas and his team were very responsive, they answered all of my questions and provided updates. They are true professionals.
Mauricio Cubas
My experience with Cabanas Law Firm was outstanding, thanks to Erick Estrada, the case manager, and Attorney Sergio Cabanas. Erick was incredibly supportive, keeping me informed and making sure every step of the process was smooth and stress-free. His professionalism and dedication truly set him apart. Attorney Sergio Cabanas provided expert legal guidance, ensuring the best possible outcome for my case. I highly recommend their team for anyone seeking reliable and compassionate legal assistance.
Cabanas Law Firm is amazing! The whole team is super professional and really cares about their clients. A big shoutout to Nichol, the paralegal, for being so helpful and responsive. She went above and beyond to answer my questions and provide guidance. If you need a great law firm, this is the one to go with.
Practice areas
Alimony determinations in Miami cases often intersect with property division outcomes and child support calculations, since each financial component influences how the others are ultimately resolved. Our Miami alimony attorneys coordinate across these interconnected areas so the full financial picture stays intact throughout your case.
Divorce
Divorce
High NetWorth Divorce
High Net Worth Divorce
Divorce Mediation
Divorce Mediation
Alimony
Alimony
Family Law
Family Law
Your family's future shouldn't wait for We're changing how Florida does family law.
Child Custody/ Timesharing
Child Custody/ Timesharing
ChildSupport
ChildSupport
Asset & Debt Division
Asset & Debt Division
Simplified & Uncontested Divorce
Simplified & Uncontested Divorce
DomesticViolence
DomesticViolence
Your Case Won't Wait. Neither Will We.
Alimony calculations demand you untangle complex financial details while everything else in your case shifts around them. We built our practice to take that weight off you, not add to it. Here is how we do things differently for alimony cases in Miami.
We speak your language, including Spanish, Russian, and Arabic.
This is all we do. Every resource, every team member, every case.
We have handled the full range of Florida divorce matters.
The decisions made during alimony proceedings in Miami determine whether daily life stays financially viable after a marriage ends. Our Miami alimony attorneys follow a structured process that begins by building a complete picture of both incomes, the length of the marriage, and the standard of living established during it. Because every financial situation is different, we work to reach terms that reflect what the numbers actually show. Fair and lasting alimony terms require the full picture, and that is where we begin.
Step 1
In‑Depth Discovery
There is a lot that goes into a divorce case, and the details matter more than most people expect. We learn everything we can about your situation, your family, and the other side. That preparation is where outcomes are shaped.
Built Around Your Goals
The goals you set out to achieve are what drive every decision we make, from your case evaluation through the final resolution. Every strategy, filing, and negotiation is measured against what actually matters to your family.
Life on Your Terms
We work to resolve your case with as little disruption to your life and finances as possible, so at the end of it all, it is your life on your terms.
FAQ
Not sure whether you qualify for alimony, or how long it would last? These answers address the most common questions about spousal support under current Florida law.
Florida courts begin with a need-versus-ability analysis. One spouse must demonstrate a financial need for support, and the other must have the ability to provide it. Under the 2023 alimony reform act, there is a statutory calculation that determines the maximum number of years and the highest amount a court can award. The court then applies statutory factors to determine what is appropriate within those limits.
The statutory calculation establishes a ceiling, not a floor. Two cases with similar incomes can produce different outcomes because the court weighs factors like the standard of living during the marriage, each spouse's earning capacity, contributions to the marriage including homemaking and childcare, and each party's age and health.
The term you will hear attorneys use is "pecunious" for the spouse who controls the income, and "non-pecunious" for the spouse who is financially dependent. Understanding which side of that analysis you fall on — and how the statutory calculation applies to your marriage length and income levels — is the first question a case evaluation should answer.
Florida law recognizes five types: temporary support during the divorce, bridge-the-gap alimony for short-term transitional needs, rehabilitative alimony to help a spouse become self-supporting, durational alimony for a set period after the divorce, and lump sum alimony paid as a fixed amount. The court can award one type or any combination it finds appropriate.
Temporary support covers financial assistance and attorney fees while the case is pending. It ends when the divorce is finalized. Bridge-the-gap covers identifiable short-term needs as a spouse transitions to single life. It cannot exceed two years and cannot be modified once ordered. Rehabilitative alimony requires a specific plan, such as education, job training, or work experience needed to become self-sufficient. If the plan is not followed, the alimony can be revisited. Lump sum alimony is paid as a one-time fixed amount or in installments and is not modifiable.
Durational alimony is subject to caps tied to the length of the marriage. It is not available for marriages under three years. For marriages of three to ten years, duration is capped at 50% of the length of the marriage. For marriages over ten years and up to twenty years, the cap is 60%. For marriages over twenty years, the cap is 75%. These percentages represent the maximum duration a court can order.
One significant change: Florida eliminated permanent alimony for cases filed after July 1, 2023. If your case predates that cutoff, different rules may apply. This is exactly the kind of detail an attorney needs to review against your specific timeline.
Under the 2023 alimony reform act, Florida uses a statutory calculation that determines the maximum duration and amount of alimony a court can award. The court then exercises discretion within those limits based on statutory factors. How well your attorney presents your financial picture within this framework directly affects the outcome.
The statutory calculation sets the ceiling. Within that range, the court considers each spouse's income and earning capacity, contributions to the marriage including homemaking and childcare, the standard of living established during the marriage, and each party's age and health. Marriage length matters because the calculation groups marriages into tiers that affect both the maximum duration and potential amount of support.
Two marriages of the same length can produce very different outcomes. A 12-year marriage where one spouse sacrificed a career to raise three children looks different from a 12-year marriage where both spouses earned comparable incomes. The statutory calculation gives the court boundaries. The documentation and argument your attorney builds within those boundaries is what shapes the final result.
In some Florida circuits, a status quo order goes into effect automatically when a divorce is filed. It requires both parties to continue paying the same expenses they were paying before the filing: mortgage, utilities, car payments, insurance. Neither spouse can unilaterally cut off the other's financial support while the case is pending.
This matters for alimony in two directions. If you are the financially dependent spouse, the status quo order helps ensure you are not immediately cut off from the household finances. If you are the higher-earning spouse already maintaining all household expenses, it can work as a defense against requests for additional temporary support, because you can point to the fact that you are already providing financial support.
The status quo order also prohibits either spouse from dissipating or transferring assets that the court may need to divide later. Violating it can result in the court ordering reimbursement or adjusting the final award. Understanding how this order interacts with your alimony position is something your attorney should address in the first conversation.
In many cases, yes. Either party can petition the court to modify alimony if there has been a substantial change in circumstances. Under the 2023 reform act, the standard is a change of 15% or more, up or down, in at least one party's income. The burden of proof falls on the party requesting the change.
Examples that may qualify include a significant job loss, a serious medical condition, retirement, or a substantial change in either party's financial situation. Courts require clear evidence that circumstances have genuinely shifted beyond the 15% threshold.
One important exception: bridge-the-gap alimony cannot be modified once ordered. For cases finalized before July 2023, how old awards are affected under the new statute is still being determined by the courts. If your divorce was finalized before that date and you are considering a modification, this is an area where legal guidance is especially important.
Yes. You or your attorney must request alimony in your petition for dissolution of marriage. If you do not ask for it in your paperwork, you risk losing the right to receive it. The court does not automatically award alimony just because there is an income disparity. The request must be in writing.
This catches people off guard more often than it should. The non-pecunious spouse sometimes assumes that because the income gap is obvious, the court will simply order support. That is not how it works. The petition must specifically state that you are requesting temporary support, durational alimony, or whatever type applies to your situation.
Timing matters for temporary alimony in particular: it is only retroactive to the date the request is filed, so waiting to add it can mean losing months of potential support. The good news is that a petition can be amended to add these claims at a later date, and amendments are freely granted under the rules. But the retroactivity issue means earlier is better.
The same principle applies to attorney fees. If you need the other party to contribute to your legal costs, that request must also appear in your petition. Having an attorney involved before you file, not after, prevents these kinds of costly oversights.
It can, but the impact works through two separate legal mechanisms. First, adultery can result in an unequal distribution of marital property to the extent that marital income was spent on the affair. Second, the court can consider the economic impact of the adultery when determining whether to award alimony and in what amount.
On the property side, if marital funds were used on gifts, travel, a separate residence, or other expenses related to the affair, the court can treat that spending as dissipation and offset it in the equitable distribution of assets. This is a dollar-for-dollar accounting — the non-offending spouse may receive up to half of the marital income that was diverted.
On the alimony side, the court evaluates the broader economic impact of the adultery as one factor among the statutory considerations. It can influence the amount or even result in a denial of an alimony award, depending on the circumstances. These are related but legally distinct analyses.
If you suspect your spouse has been involved in an extramarital affair at any point during the marriage, preserving whatever evidence you can is worth discussing with your attorney early in the process.
Our Locations
18503 Pines Blvd, Suite 301, Pembroke Pines, FL 33029
550 S Andrews Ave, Suite 510, Fort Lauderdale, FL 33301
1937 E Atlantic Blvd, Suite 102, Pompano Beach, FL 33060
2800 Weston Rd, Suite 101, Weston, FL 33331
Alimony decisions may shape your financial stability and future planning for years to come. When you are ready to move forward, a confidential Case Evaluation is a practical way to begin.
This initial conversation allows us to confirm that your matter falls within our specific practice areas and is located in Miami-Dade County. We also check for conflicts of interest so we can assess whether our firm can handle your particular needs.
Connect with our Alimony Law Firm in Miami to take the next step.
