Livingston's contract with the Clippers expired after the 2007-08 season, and the Clippers did not make Livingston a $5.8 million qualifying offer, making him an unrestricted free agent. On June 16, 2008, doctors allowed Livingston to resume basketball activities; during the 2008 offseason, he tried to find a guaranteed contract to finalize his comeback. The Minnesota Timberwolves and Portland Trail Blazers were interested, but it was reported he eventually signed a two-year deal with the Miami Heat on October 3, 2008. In 4 games with the Heat, he averaged 2.3 points and 10.3 minutes.