How to Remember Florida Alimony: A T-Bird and Little Richard

Sitting in her 1956 Ford T-Bird outside a deserted movie theater for the last time, Daisy took a sip of cherry soda, leaving her red lipstick on the rim of the glass bottle.

She stared across the parking lot, lit by the moonlight and stirred by the winter wind. Weeds pushed through cracks in the concrete where moviegoers once lined up beneath the glowing marquee.

She wanted to see it as it had once been. Bright. Alive. Electric.

But the reality before her was quiet, weathered, and forgotten—a reminder that some things are not meant to last forever.

She turned the radio dial and raised the volume. “Tutti Frutti” crackled through the speakers.

The T-Bird had always been their car. Daisy and her husband, Ali, had spent countless evenings at this very drive-in theater. Now, as their divorce neared its conclusion, it had become painfully clear that Ali would be keeping the car.

As Little Richard’s voice filled the night air, Daisy found herself thinking about her lawyer’s words: “You may not get the T-Bird, Daisy, but we’ll do our best to get you alimony and your fair share of the marital assets.”

It may sound like an odd conversation to remember for the Florida Bar Exam. But if you remember Daisy, the T-Bird, and the music playing on the radio, you may remember a lot more than you think.

What is Florida Alimony?

Alimony is a court-ordered payment from one spouse to the other during or after a divorce. Its purpose is to help address a spouse’s financial needs and, in some cases, assist that spouse in maintaining a lifestyle reasonably similar to the one enjoyed during the marriage or becoming self-supporting.

Florida recognizes several forms of alimony, each designed to serve a different purpose depending on the circumstances of the parties.

The challenge for many examinees isn’t understanding the concept of alimony—it’s remembering the different types of alimony and the factors courts consider when determining whether an award is appropriate.

That’s where Daisy, her 1956 T-Bird, and Little Richard come in.

The T-Bird: Remembering the Types of Florida Alimony 

Because Daisy had hoped to keep the T-Bird, she and her attorney began discussing whether alimony might be appropriate.

Ali’s money.
Ali-mony.
Alimony.

When Daisy’s lawyer suggested she pursue alimony, he told her to look at the very car she was losing to remember her options. He used the T-Bird to categorize the types of alimony available under Florida law:

T – Temporary

Daisy is sitting in the T-Bird before the divorce is finalized. The litigation is still ongoing, and the court may award temporary support to maintain the financial status quo until a final judgment is entered.

Temporary alimony, sometimes called pendente lite alimony, exists to provide financial support while the divorce is pending.

B – Bridge-the-Gap

Daisy steps out of the T-Bird and into a new chapter of her life.

Bridge-the-gap alimony is designed to help a spouse transition from married life to single life by addressing legitimate, identifiable, short-term needs.

Bar Exam Tip:

• The duration may not exceed 2 years.
• It terminates upon the death of either party.
• It terminates upon the remarriage of the recipient spouse.
• It is not modifiable in either amount or duration.

R – Rehabilitative

Daisy begins developing the skills and resources necessary to support herself moving forward.

Rehabilitative alimony is designed to help a spouse become self-supporting through education, training, work experience, or the redevelopment of previous skills and credentials.

Bar Exam Tip:

• A court may not award rehabilitative alimony without a specific and defined rehabilitative plan.
• The duration may not exceed 5 years.
• The award may be modified or terminated if the rehabilitative plan is not followed, circumstances substantially change, or the plan is completed early.

Think of rehabilitative alimony as an actual plan for the future. If the plan changes, the alimony can change too.

D – Durational

The support does not last forever.

Durational alimony provides economic assistance for a set period of time when a spouse has a genuine need for support.

Think of it as support with an end date. The court provides assistance for a defined period rather than indefinitely.

Bar Exam Tip:

• Durational alimony terminates upon the death of either party or the remarriage of the recipient.
• The amount may be modified upon a substantial change in circumstances.
• Generally, it is unavailable following a marriage lasting less than 3 years.
• The duration is limited based on the length of the marriage, although a court may extend the term under exceptional circumstances supported by clear and convincing evidence.

Advanced Bar Exam Tip: Durational Alimony Has Statutory Caps

Generally, durational alimony may not be awarded following a marriage lasting less than 3 years.

The duration generally may not exceed:

• 50% of the length of a short-term marriage
• 60% of the length of a moderate-term marriage
• 75% of the length of a long-term marriage

Under exceptional circumstances, a court may extend the duration upon clear and convincing evidence.

Amount Limit

When a Florida court determines the amount of durational alimony, it must apply a statutory ceiling.

The amount may not exceed the lesser of:

• The recipient’s reasonable need, or
• 35% of the difference between the parties’ net incomes.

Pro Tip: Don’t Confuse Bridge-the-Gap and Rehabilitative Alimony

It is easy to mix these two up under exam pressure, but the distinction is critical. Here’s a straightforward way to keep them separate.

Think of an actual bridge.

• Two Ends: A bridge has two ends. That’s your reminder that bridge-the-gap alimony has a strict maximum duration of 2 years.
• No U-Turns: Once you’re driving across a bridge, you can’t suddenly stop, make a U-turn, or redesign the route. That’s your reminder that bridge-the-gap alimony is completely non-modifiable in either amount or duration.
• Over the Edge: If you drive off the bridge, the journey is over. That’s your reminder that bridge-the-gap alimony terminates upon the death of either party or the remarriage of the recipient.

Now compare that to a rehabilitation plan.

• Constant Adjustments: Unlike a rigid concrete bridge, rehabilitation plans change. Think of someone checking into rehab. The game plan shifts based on progress. Maybe they’re ahead of schedule. Maybe they’re behind. Maybe they leave early. Maybe they need additional support.
• Flexible by Nature: That’s your reminder that rehabilitative alimony may be modified or terminated if the rehabilitative plan is not followed or if circumstances substantially change.

The Takeaway: 

• Bridge = Fixed (2 years, no modifications, ends if you fall off). 
• Rehab = Flexible (Dependent on the plan, fully modifiable).

Pro Tip: The Missing Letter is the Most Important Letter 

Look closely at the word T-BIRD. What letter is missing?

P.

There is no “P” in T-Bird. There is no permanent alimony.

• The Trap: Older outlines, study guides, and past essay answers associate long-term marriages with permanent alimony.
• The Reality: Effective July 1, 2023, Florida completely eliminated permanent alimony.

If you see a 25-year marriage on the Florida Bar Exam, don’t automatically jump to permanent alimony. Pause and remember Daisy’s T-Bird.

No P. No Permanent Alimony.

Sometimes the most important letter is the one that isn’t there.

Little Richard: Remembering the Factors Florida Courts Consider When Determining Alimony

As Daisy reflects on what she is losing, she reaches for the radio dial and turns the volume up.

Little Richard’s “Tutti Frutti” bursts through the speakers.

When determining whether alimony is appropriate and, if so, what form of alimony should be awarded, Florida courts must consider a number of statutory factors.

Fortunately, you don’t need to memorize a long checklist.

Just remember the man singing on Daisy’s radio.

Think RICHARD.

R – Resources

The court considers the financial resources of each party, including marital and nonmarital assets and liabilities.

I – Income

The court considers each party’s income, earning capacity, education, work experience, employability, and ability to meet their financial needs.

C – Contributions

The court considers the contributions each spouse made to the marriage, including homemaking, child-rearing, and supporting the other spouse’s education, training, or career.

H – Health

The court considers the physical, mental, and emotional condition of each party, including how those conditions affect the need for support or ability to pay.

A – Age

The court considers the age of each spouse when determining an appropriate alimony award.

R – Responsibilities

The court considers the responsibilities each party will have regarding any minor children of the marriage.

D – Duration

The court considers the duration of the marriage.

Bar Exam Tip:

• Short-term marriage: Less than 10 years
• Moderate-term marriage: 10 to 20 years
• Long-term marriage: 20 years or more

The duration of the marriage remains one of the most important factors in the court’s alimony analysis.

And remember, Florida courts are not limited to the factors above. A court may also consider any other factor necessary to achieve equity and justice under the circumstances.

Pro Tip: Need and Ability to Pay Come First

Before a Florida court considers the RICHARD factors or determines what type of alimony may be appropriate, it must answer two threshold questions:

• Does one spouse have a factual need for support?
• Does the other spouse have the ability to pay?

If the answer to either question is no, the analysis may end there. 

Only after establishing both need and ability to pay will the court determine whether alimony is appropriate and, if so, what form should be awarded.

Closing Thoughts

Should a Family Law essay appear on the exam, smile and picture that moonlit parking lot.

Picture the T-Bird and instantly map out the current forms of Florida alimony:

Temporary. Bridge-the-Gap. Rehabilitative. Durational.

Notice the missing P and remember that permanent alimony is gone.

Turn up the radio and let Little Richard guide you through the factors Florida courts consider when determining alimony:

Resources. Income. Contributions. Health. Age. Responsibilities. Duration.

Please fight the urge to dance and bob your head while writing.

Should you fail to do so, however, don’t tell the FBBE we inspired it.