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Alimony

Coconut Creek Alimony Lawyer

Hundreds of Contested Cases. One Attorney. Florida’s Revised Alimony Law, Applied to Your Situation.

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Florida’s alimony law changed substantially in 2023, eliminating permanent alimony and replacing it with a framework built around specific purposes, income-based caps, and marriage-length classifications. If you’re divorcing today or revisiting an existing order, the rules that apply to your case may look very different from what you’ve read elsewhere. At The Law Offices of Jonny Kousa, P.L., we represent both spouses seeking support and spouses contesting or managing a support obligation throughout Broward County.

Attorney Jonny Kousa has personally represented hundreds of individuals in highly contested divorce and family law matters. Clients work directly with Attorney Kousa throughout their case, not with junior staff. Whether you’re pursuing alimony, defending against an unreasonable claim, or seeking to modify an existing order, we can advise you on how current law applies to your specific situation.

Call us at (954) 626-8071 or reach us online to request a free consultation with our alimony lawyer in Coconut Creek.

How Florida Courts Decide Alimony

Before any alimony award is considered, Florida courts require two threshold showings: the requesting spouse must demonstrate financial need, and the other spouse must demonstrate the ability to pay. Both must be established through evidence. The mandatory financial disclosure process requires both parties to exchange tax returns, pay stubs, bank statements, and business records, and that exchange forms the foundation of every alimony analysis.

If the case doesn’t resolve at mediation, it proceeds to a contested final hearing before a Broward County family court judge, who must make specific written findings of fact on the need and ability to pay and on the type and amount of any award. We gather the documentation needed to present the court with a clear financial picture, and we regularly appear before Broward County family judges with familiarity with local procedures, filing requirements, and administrative orders.

Factors Judges Consider in Alimony Determinations

Florida courts weigh a defined set of statutory factors before awarding alimony. Under the 2023 reform, marriage length is the primary organizing factor because it determines which alimony types are available and the presumptive duration of any award.

Judges may consider the following when evaluating an alimony claim:

  • Duration of the marriage and its classification under the reformed statute
  • Income and earning capacity of each spouse
  • Each spouse’s contributions to the marriage, financial and otherwise
  • The standard of living established during the marriage
  • Level of education and work experience of both parties
  • Presence of minor children and custodial arrangements
  • Adultery and its economic impact on the requesting spouse
  • Any other factor equity requires

Couples near the 10-year or 20-year marriage thresholds often face disputes about the marriage’s actual start and end dates. Those classifications carry real consequences: short-term marriages are under 10 years, moderate-term marriages are 10 to 20 years, and long-term marriages are over 20 years. Each category carries statutory presumptions about how long durational alimony may last.

Types of Alimony Available in Florida After the 2023 Reform

CS/SB 1416, signed June 30, 2023 and effective July 1, 2023, restructured Florida alimony law by eliminating permanent alimony. Florida courts may now award four types.

Temporary Alimony

Temporary alimony may be awarded after filing the petition for dissolution of marriage and before the final judgment is entered. It addresses immediate financial needs during the pendency of the divorce proceeding.

Bridge-the-Gap Alimony

Bridge-the-gap alimony assists a spouse in transitioning from married to single life by addressing identifiable short-term needs. Awards may not exceed two years and terminate upon the death of either party or the remarriage of the recipient. Once entered, a bridge-the-gap award can’t be modified in amount or duration.

Rehabilitative Alimony

Rehabilitative alimony may be awarded to help a lower-earning spouse redevelop prior skills or acquire the education and training needed to re-enter the workforce. A specific written rehabilitative plan is required as a condition of any award, and under the 2023 reform, rehabilitative alimony may not exceed five years in duration.

Durational Alimony

Durational alimony may be awarded following marriages of any length, but courts may not award it for marriages of less than three years. The award may not exceed 35 percent of the difference between the parties’ net incomes, and duration is limited based on the marriage-length classification described above.

Courts retain discretion to order alimony paid as a lump sum rather than in periodic payments. Lump sum is a payment form, not a separately named type of alimony under the revised statute.

Florida’s 2023 Alimony Reform: What Coconut Creek Clients Need to Know

The 2023 reform applies to initial petitions for dissolution of marriage that were pending or filed on or after July 1, 2023. It doesn’t retroactively alter final judgments entered before that date. If your divorce was finalized before July 1, 2023, your original order remains in effect, though modification pathways remain available under the substantial change in circumstances standard.

Two provisions of the new law are particularly significant for clients with existing orders. First, an obligor seeking to retire may apply for modification no sooner than six months before the planned retirement date. Courts must consider whether retirement is in good faith and evaluate the obligor’s post-retirement financial picture before deciding whether to reduce or terminate support. Second, if the payer demonstrates by a preponderance of the evidence that the recipient is in a supportive relationship, the court must reduce or terminate alimony unless the recipient proves otherwise.

Why Coconut Creek Clients Retain Attorney Jonny Kousa

Alimony disputes can reshape a person’s finances for years after divorce is finalized. An attorney familiar with the 2023 reform framework, Broward County judicial expectations, and the mandatory disclosure process can identify vulnerabilities in the opposing financial picture that an unrepresented party would miss. Attorney Kousa brings that familiarity to every case, having personally handled hundreds of contested family law matters before the same judges and in the same courthouse where your case may be heard.

We handle both initial alimony proceedings and post-judgment matters, including petitions to modify or terminate alimony based on changed circumstances such as retirement, significant income changes, or the recipient’s entry into a supportive relationship. Modification petitions require a showing of a substantial change in circumstances that was unanticipated at the time of the original order. We can assess whether the facts of your situation meet that threshold before you file.

Every client works directly with Attorney Kousa. Free consultations are available by phone or online for Coconut Creek residents and clients throughout Broward County.

Common Challenges in Broward County Alimony Cases

We represent clients in both initial alimony proceedings and post-judgment enforcement and modification matters in Broward County. Several issues come up repeatedly in contested cases.

Income disputes and hidden financials are common in cases where one spouse is self-employed or receives irregular compensation. Tax returns, business records, and financial affidavits often tell different stories, and resolving those inconsistencies requires careful documentation work.

Marriage length classification disputes arise when the parties disagree about when the marriage effectively began or ended. Because the 10-year and 20-year thresholds carry statutory weight under the reformed law, these disputes have direct consequences for the type and duration of any alimony award.

Rehabilitative plan deficiencies are a frequent basis for denial of rehabilitative alimony. Courts require a specific written plan as a condition of any award. Presenting a credible, detailed plan is important when seeking this type of support.

Enforcement becomes necessary when an alimony order isn’t followed. The recipient may seek enforcement through the court, and non-compliance can result in a finding of contempt.

Modification petitions based on job loss, disability, or retirement require a showing of a substantial change in circumstances that wasn’t contemplated at the time of the original order. We can evaluate whether the facts support filing before you incur the cost of a petition that may not succeed.

Frequently Asked Questions

Can alimony be modified in Florida?

Durational and rehabilitative alimony can be modified upon a showing of a substantial change in circumstances that was unanticipated at the time of the original order. Bridge-the-gap alimony can’t be modified in amount or duration once awarded. Whether your situation meets the modification threshold depends on the specific facts of your case.

Is alimony taxable in Florida?

Under federal tax law, alimony payments aren’t deductible by the payer and aren’t considered taxable income for the recipient for divorces finalized after December 31, 2018. This is a federal rule under the Tax Cuts and Jobs Act, not a Florida-specific one, and it applies to Florida divorces finalized under that timeline.

What happens if alimony isn’t paid in Florida?

The recipient may seek enforcement through the court. Non-compliance can result in a finding of contempt, which may carry consequences for the non-paying party. We represent clients in alimony enforcement proceedings before Broward County family court judges.

Can alimony be waived in Florida?

Yes. Alimony is typically waived through a mutual agreement such as a marital settlement agreement. Before waiving alimony rights, it’s advisable to consult with a family law attorney, because a waiver is generally permanent and can’t be revisited after the divorce is finalized.

How does cohabitation affect alimony in Florida?

Under Florida’s 2023 reform, if the payer demonstrates by a preponderance of the evidence that the recipient is in a supportive relationship, the court must reduce or terminate alimony unless the recipient can prove otherwise. The burden of proof initially falls on the payer, but the recipient must then rebut the showing with evidence of their own.

How does retirement affect alimony in Florida?

The 2023 reform codified a specific modification process for retiring obligors. An obligor may apply for modification no sooner than six months before the planned retirement date. Courts evaluate whether the retirement is in good faith and consider the obligor’s post-retirement income when deciding whether to reduce or terminate support.

Discuss Your Alimony Case with Attorney Jonny Kousa

Whether you’re seeking support, contesting a claim, or returning to court to modify an existing order, we can help you understand where you stand under Florida’s current alimony framework. Our firm serves clients in Coconut Creek and throughout Broward County, and we offer free consultations by phone or online.

Contact The Law Offices of Jonny Kousa, P.L. at (954) 626-8071 or online to schedule your free consultation today.

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A Track Record of Success

Attorney Jonny Kousa is a zealous divorce attorney with an exceptional track record of success who can provide the individualized attention that you deserve. He has represented hundreds of individuals faced with highly contested divorce and family law matters. Mr. Kousa will do everything in his power to help you feel confident and comfortable every step of the way.

    “You are a 5-star lawyer.”
    “Jonny is truly a champion of leagues in his profession.”
    - Jesus C.
    “Jonny was gracious and exceedingly generous.”
    “Jonny made me and my family feel comfortable as he listened attentively to the things that mattered.”
    - Sheila W.
    “Jonny was very kind, professional, and understanding.”
    “I cannot thank Mr. Kousa enough for helping me get through my legal battle.”
    - Gloria C.
    “Mr. Kousa handled my divorce in a extremely professional manner.”
    “I would highly recommend Mr. Kousa to anyone looking for a true professional.”
    - Daniel P.
    “Mr. Kousa is a GREAT attorney.”
    “I highly recommend Mr. Kousa if you’re looking for an excellent family law attorney in Broward County!”
    - Bill M.
    “Mr. Kousa was a warrior.”
    “Mr. Kousa eliminated mountains of stress that previous attorneys allowed to fall on my shoulders.”
    - Seelena S.

Why You Should Work with Jonny Kousa

  • Dedicated to Our Clients
  • You Will Work Directly With Our Attorney
  • Hundreds of Cases Successfully Handled
  • Constant Client Communication
  • Hands-On Legal Representation
  • Compassionate in Our Approach
Let Us Protect Your Rights Schedule a Free Consultation Today

Family matters are deeply personal, and the decisions you face carry lasting impact. Our experienced team is here to listen, guide, and advocate for you with clarity and strength. Share your situation with us today, and take the first confident step toward resolution and peace of mind.

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