Strengthening Your Case for Alimony in Florida

Florida’s alimony laws changed in 2023, including abolishing permanent alimony. Nonetheless, the state has not eliminated alimony entirely, and if you are not the primary wage-earner, you might still qualify for alimony. At Hamilton O’Neill, we understand what evidence judges want to see before they will order a spouse to pay alimony. Call us today.

What Evidence to Gather for Your Legal Team

The courts consider many factors when deciding whether to grant alimony. Some of the most important include:

Earning Capacity

A judge will look at your education, work experience, and skills. If you stayed home for a decade to care for a child, then you have a much stronger claim for alimony than if you were earning a middle-class income while married.

Share income information with your lawyer, including recent paystubs or bank account information. You should also share tax returns, which can show business deductions.

Financial Assets

Your overall financial condition matters. In addition to earning capacity, a judge will consider what assets you have when you divorce.

Your lawyer should request information about marital assets as part of a divorce. If you believe your spouse is hiding assets, then mention your suspicions to your legal team.

Health

If your health is poor, then you are more likely to receive alimony. A judge will likely conclude that you cannot work full-time (or at all) and need financial assistance.

Share medical information with your lawyer. You do not need to gather all of your medical files just yet, but tell your lawyer about any significant medical conditions (such as heart disease, fibromyalgia, mental health issues, or workplace injuries). A judge will also take into consideration your age when determining whether to award alimony.

Non-Financial Contributions to Your Marriage

Judges also consider a spouse’s non-financial contributions, such as childcare provided while married. Did you stay home with the kids? That fact can matter. A judge will also consider any “career building” support. For example, you might have volunteered for your spouse’s business or hosted work parties which helped advance your spouse’s career.

Write down any non-financial contributions you made to the home or your spouse’s career. Be thorough. Even something as insignificant as hosting annual Christmas and Fourth of July parties for your spouse’s coworkers could be relevant.

Domestic Violence

Florida judges consider all relevant factors when it comes to alimony. Domestic violence is another important consideration. For example, domestic violence might have prevented you from working outside of the home or keeping a job. An employer could have let you go if your spouse showed up at work to harass you.

Share the date, time, and location of any violent conduct. Also share if you called the police and include a copy of the police report, if you have it.

Reach Out to Our Firm

Alimony can provide a secure financial foundation when venturing out on your own. Too many men and women overlook whether to request alimony. Contact Hamilton O’Neill to speak with our Miami alimony lawyer.

Source:

flsenate.gov/Laws/Statutes/2025/0061.08