St. Augustine Alimony Attorney

Alimony disputes have a way of becoming the most contested part of a divorce, even when couples agree on nearly everything else. Whether you are the spouse seeking support or the one being asked to pay, the financial stakes reach into your everyday life, your retirement planning, and your ability to move forward. Working with a St. Augustine alimony attorney who understands how Florida’s spousal support framework actually operates, and how St. Johns County judges approach these cases, can make a meaningful difference in the outcome you reach.

Florida’s alimony law underwent significant changes effective July 1, 2023, when the legislature abolished permanent alimony entirely and restructured the standards courts use when awarding spousal support. These changes affect cases filed after that date and have shifted how attorneys, mediators, and judges approach alimony negotiations across the state. If you went through a divorce before 2023 and are now dealing with modification or enforcement issues, the legal landscape for your case may look different from what your former spouse is claiming. Getting clear, current guidance matters more now than it did even a few years ago.

At Sandra Bonfiglio, P.A., we work with clients in St. Augustine and the surrounding St. Johns County area who are navigating alimony from every angle: initial requests during divorce proceedings, post-judgment modifications, enforcement when payments stop, and mediation when both parties want to resolve the issue without extended litigation. The goal is always the same, to help you reach an outcome that is realistic, legally sound, and built to hold up over time.

What St. Augustine Residents Need to Know About Florida Alimony Types

Under Florida’s current framework, courts have three forms of alimony available to award: bridge-the-gap, rehabilitative, and durational. Understanding what each one actually does, and how a judge decides which applies to your circumstances, is the starting point for any alimony conversation.

Bridge-the-gap alimony is the most limited form. Courts award it to help a spouse transition from being married to being single, covering short-term, identifiable needs. It cannot last longer than two years, and it cannot be modified once entered. Courts typically use it when one spouse needs a defined period of financial support to get back on their feet rather than an extended arrangement.

Rehabilitative alimony is designed around a plan. The receiving spouse must present a specific rehabilitation plan that shows how the support will be used to rebuild their capacity for self-support, whether through education, job training, reentry into the workforce, or another concrete path. Courts can modify rehabilitative alimony if circumstances change or if the receiving spouse fails to carry out the plan they proposed.

Durational alimony provides support for a set period of time following a marriage of at least three years. Under the 2023 statutory changes, the length of durational alimony is now capped at 50 percent of the length of the marriage, with some exceptions. Courts consider this form when a spouse needs ongoing support beyond what bridge-the-gap alimony covers but a permanent arrangement is no longer available under Florida law.

In addition to these forms, courts retain authority to award temporary alimony, sometimes called pendente lite support, while the divorce is still pending. Temporary awards stop when the final judgment enters and are replaced by whatever the final order provides, but they can be critical to maintaining financial stability during the divorce process itself.

Factors That Drive Alimony Decisions in St. Johns County Courtrooms

No two alimony cases produce the same result, because Florida courts weigh a specific set of statutory factors individually for each marriage. For anyone involved in alimony litigation or negotiation in St. Augustine, understanding these factors is the foundation of building a realistic position.

• Length of the marriage: Florida courts categorize marriages as short-term (under seven years), moderate-term (seven to seventeen years), or long-term (seventeen or more years), and the length of the marriage directly affects which alimony types are available and for how long they can run.
• Standard of living during the marriage: Courts look at the lifestyle both spouses maintained and evaluate whether a support award allows the requesting spouse to sustain a reasonably comparable standard.
• Each spouse’s financial resources: This includes income from all sources, assets received through equitable distribution, and liabilities. Courts examine the full financial picture of both parties, not just their current paychecks.
• Earning capacity and employability: A spouse who stepped out of the workforce to manage the household or raise children may have reduced earning capacity that a court will factor into the analysis, especially if professional skills have atrophied over time.
• Contributions to the marriage: Financial contributions are considered alongside non-financial ones, including homemaking, child-rearing, and supporting the other spouse’s career development.
• Adultery and marital misconduct: Florida courts can consider adultery and its financial consequences when fashioning an alimony award, though misconduct alone rarely drives the outcome.
• Tax treatment of support: Federal tax rules eliminated the deductibility of alimony for divorces finalized after 2018. For agreements reached today, neither the payor nor the recipient should expect the same tax dynamics that older divorce settlements carried.
• Physical and emotional condition of each spouse: Age, health conditions, and any disabilities that affect earning ability are part of the court’s evaluation.

When Alimony Terms Are Negotiated Rather Than Litigated

Most alimony cases in St. Augustine do not end with a judge making the final call. They resolve through negotiation between the parties, mediation, or collaborative settlement, with the court ultimately approving an agreement that the spouses worked out themselves. This is often the better path, because it gives both parties more control over the outcome and produces arrangements tailored to their specific circumstances rather than a court’s best estimate.

Sandra Bonfiglio, P.A. focuses on uncontested divorce, mediation, and collaborative resolution, which means a significant part of the firm’s alimony work happens at the negotiation table rather than in a courtroom. For spouses willing to work cooperatively, a well-crafted alimony agreement can address nuances that a litigated order might not, things like structured payment escalations tied to career milestones, early termination triggers, or built-in modification provisions agreed upon in advance.

When negotiating alimony terms, documentation matters enormously. Income records, tax returns, retirement account statements, business financial records for self-employed spouses, and records of marital expenses all feed into a realistic picture of what support should look like. Gathering these materials early, before negotiations begin in earnest, puts you in a much stronger position whether you are seeking support or contesting a request.

For couples in St. Augustine who want to handle alimony through mediation, the St. Johns County Courthouse at 4010 Lewis Speedway handles civil and family court matters. A mediator does not decide the outcome; they help the parties reach their own agreement. Having an alimony attorney in St. Augustine working alongside you through that process ensures that any agreement you sign accurately reflects the law and truly protects your financial future.

Modifying or Enforcing an Existing Alimony Order

Alimony obligations do not always match life as it actually unfolds. A paying spouse may lose a job, suffer a health crisis, or retire. A receiving spouse may remarry, cohabit with a new partner, or secure a significantly better-paying job. Florida law allows either party to petition for a modification when there has been a substantial, material, and unanticipated change in circumstances, but getting a modification granted requires more than showing that things have changed. The change must have been one that was not contemplated when the original order was entered.

Remarriage of the recipient automatically terminates most forms of alimony under Florida law. Cohabitation, where the recipient lives with a new partner in a supportive relationship, can also be grounds for reduction or termination, though the legal standard for proving supportive cohabitation takes more than evidence that someone is spending nights at another person’s home. Courts look at shared finances, time spent together, and the overall character of the relationship.

On the enforcement side, when a former spouse stops paying alimony without a court-approved modification, the recipient has legal tools available. Courts can hold non-paying spouses in contempt, garnish wages, intercept tax refunds, and impose other remedies to compel compliance. If your former spouse has fallen behind on alimony payments, documenting the missed payments and acting promptly matters, because allowing arrears to accumulate without taking action can complicate enforcement later.

Questions St. Augustine Residents Ask About Alimony

Is permanent alimony still available in Florida?

No. Florida eliminated permanent alimony effective July 1, 2023. Courts can no longer award permanent spousal support for divorces filed after that date. If your divorce was finalized before July 1, 2023 and your order includes permanent alimony, those obligations may still be enforceable, but any new divorce proceeding is subject to the current framework.

How does the court determine the amount of alimony?

Florida courts look at the financial need of the requesting spouse and the other spouse’s ability to pay. From there, judges weigh the statutory factors, including length of the marriage, each party’s income, earning capacity, contributions to the marriage, and the marital standard of living. There is no fixed formula for calculating the amount the way there is for child support, so the outcome depends heavily on how each factor plays out in your specific marriage.

Can we agree on alimony without going to court?

Yes. Spouses can negotiate and agree on alimony terms through direct negotiation, mediation, or a collaborative divorce process. The agreement is then submitted to the court for approval and incorporated into the final divorce judgment. Courts generally approve agreements that are mutually acceptable and not unconscionable. This is often a faster and less expensive route than contested litigation.

What happens to alimony if I retire?

Retirement can be grounds for a modification petition if it results in a substantial, material change in your financial circumstances. Courts look at whether the retirement was voluntary or involuntary, whether it was at a reasonable age given your profession, and what income or assets you have access to in retirement. Voluntary early retirement to reduce alimony payments is unlikely to succeed as a modification strategy.

Does cohabitation automatically end alimony in Florida?

Not automatically. Florida law allows a modification or termination of alimony when the recipient is in a supportive cohabitation relationship, but the paying spouse must petition the court and prove that the relationship exists and is financially supportive in nature. Courts look at a range of factors beyond just shared residence. If you believe your former spouse is in this type of relationship, documenting evidence thoroughly before filing is important.

What if my spouse is self-employed and hiding income to lower alimony?

Income concealment by self-employed spouses is a recognized issue in alimony cases. Courts have authority to impute income, meaning a judge can attribute a higher income to a spouse than what is reported, based on earning capacity, lifestyle evidence, and financial records. Forensic accounting, business record subpoenas, and lifestyle analysis are tools that can surface income that is not showing up on a tax return.

How long does an alimony modification case take in St. Johns County?

The timeline varies depending on whether the modification is contested or agreed upon. An uncontested modification, where both parties agree on new terms, can move through the St. Johns County family court fairly quickly once the paperwork is properly filed. A contested modification that requires a hearing will take longer and depend on the court’s current docket. Having well-organized documentation and a clear legal position at the outset tends to move things along more efficiently.

Can alimony affect my eligibility for certain benefits or government programs?

Alimony received as income can affect eligibility calculations for certain income-based programs, since it counts as gross income for most federal and state benefit determinations. For the paying spouse, alimony paid under agreements finalized after 2018 is no longer tax-deductible under federal law. Both parties should review how an alimony arrangement interacts with their broader financial situation before finalizing terms.

What if we did not have a formal separation agreement that addressed alimony?

If you and your spouse separated without a written agreement addressing alimony, either party can still raise it during the divorce proceeding. Living apart does not waive alimony rights. However, temporary support while the divorce is pending, called pendente lite alimony, should be addressed early in the case to protect the requesting spouse’s finances during the process.

Is alimony negotiated separately from property division?

Legally, alimony and property division are separate issues, but they often influence each other in negotiations. A spouse who receives a larger share of marital assets might accept a lower alimony amount. A spouse giving up a business or retirement account might seek a longer alimony period in exchange. How these two issues interact depends on the specific financial picture of your marriage, which is why approaching both with a clear overall financial strategy matters.

Alimony Representation Across St. Augustine and St. Johns County

Sandra Bonfiglio, P.A. serves clients dealing with alimony matters throughout St. Augustine and the broader St. Johns County region. This includes clients in the historic downtown St. Augustine area, Ponte Vedra Beach, Palm Valley, Nocatee, Fruit Cove, Switzerland, Ponte Vedra, St. Augustine Beach, Vilano Beach, Anastasia Island, World Golf Village, and the rapidly growing communities of Durbin Crossing, Bartram Park, and Julington Creek. The firm also serves residents in the communities of Crescent Beach, Summer Haven, and further south along the St. Johns County coastline.

Clients coming from northern St. Johns County communities near the Duval County border, as well as those in the more rural western portions of the county, are welcome. Because the firm also maintains a presence in Fort Lauderdale, clients who split time between South Florida and northeast Florida, or who are navigating alimony tied to a Broward County divorce, can work with the same team across both jurisdictions.

Talk to a St. Augustine Alimony Lawyer About Your Situation

Alimony decisions carry long-term financial consequences that deserve thoughtful, informed handling, not rushed filings or generic agreements copied from the internet. Whether you are approaching alimony for the first time during a divorce, dealing with a modification that no longer reflects your circumstances, or trying to enforce an order that your former spouse has stopped following, a St. Augustine alimony lawyer at Sandra Bonfiglio, P.A. can walk through the specifics of your situation with you and help you understand what to realistically expect.

Sandra Bonfiglio, P.A. focuses on uncontested divorce, mediation, and cooperative resolution approaches that help families move forward without unnecessary conflict or cost. To discuss your alimony questions and explore your options, contact the firm today to schedule a consultation.