Alimony in Florida is calculated based upon need and ability to pay. The American Association of Matrimonial Lawyers provides a guideline, which takes 30% of the payer’s gross annual income minus 20% of the payee’s gross annual income to estimate the alimony. The court’s must look at whether the spouse requesting alimony has a need and then determine if the other spouse has the ability to satisfy, all or part, of that need. Typically, courts look at the surplus or deficit on each party’s financial affidavit when determining if alimony should be awarded. While there is no set formula for alimony in Florida, there are some guidelines provided.
Estimate Florida Alimony with the Free Alimony Calculator
For accurate results, please refrain from using commas or decimals and round to the nearest dollar.
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The free Florida alimony calculator is not a replacement or supplement for legal advice and should not be construed as legal advice. This is merely an informative tool. It is imperative to contact an attorney to evaluate your case and assist you in determining how to proceed with your alimony or divorce case.
The payee’s total income including alimony not to exceed 40% of the combined gross income of the parties.
Changes to Florida Alimony as of July 1, 2023
Key Changes in the Alimony Reform Bill:
The Alimony Reform Bill, also known as Senate Bill 1416, was signed into law by Governor Ron DeSantis on July 1, 2023. The bill introduces several key changes to the existing alimony laws in Florida:
Elimination of Permanent Alimony: One of the most significant changes brought about by the new law is the elimination of permanent alimony. Under the new law, alimony will be awarded for a specific duration. The set duration is based on whether the marriage is a short-term marriage (less than 10 years), moderate-term marriage (10-20 years), or long-term marriage (20+ years).
Types of Alimony: Under the new law, there are now four (4) types of alimony in Florida. A court may award temporary alimony, bridge-the-gap alimony, rehabilitative alimony, and durational alimony. Alimony may be paid as a lump sum or in monthly payments as it has traditionally been paid.
Adultery: Under the new law, courts are permitted to consider the economic impact of adultery in determining the amount of alimony to award.
Termination of Alimony at Retirement: The new law includes a presumption that alimony will terminate upon the person paying alimony reaching the federal retirement age (as determined by the social security administration) or a customary retirement age for his or her profession.
Changes to Florida Alimony as of January 1, 2019
Effective January 1, 2019, alimony will no longer be tax deductible to the person paying the alimony and taxable as income to the recipient. The individual paying alimony will no longer receive an off the top deduction. Alimony will become much more expensive for the individual that is required to pay the alimony. However, alimony will no longer be counted as income to the spouse that is receiving the alimony. The new alimony tax laws only apply to divorce finalized after January 1, 2019. The bill is not retroactive and will not impact current alimony agreements. Read more about the new tax bill eliminating the alimony deduction.
Alimony is a contentious issue in many divorce or modification cases. Parties routinely ask how much alimony am I going to have to pay? Or, if they are the spouse receiving alimony, how much alimony am I entitled to? In Florida, there is no set formula to calculate alimony. The legal standard in determining alimony is need and ability to pay. This means that the court must determine whether the spouse receiving alimony has a need and whether the spouse paying alimony has the ability to pay to satisfy all or part of that need. As this definition is rather ambiguous, the American Academy of Matrimonial Lawyers developed a formula to calculate alimony. This formula is merely a guideline and is not legally enforceable in Florida. Additionally, most judges do not follow the formula, but may consider it as a guideline in making their determination. The calculator below follows the guideline provided by the American Academy of Matrimonial Lawyers, which provides a parameter as to the potential alimony obligation. The calculator below only determines the monthly obligation and does not factor the length of the alimony obligation. The length of the alimony award is discussed below.
Does the length of my marriage affect the alimony award?
The length of the marriage is an important factor when making any alimony determination. The court will look at the length of the marriage to determine what type of alimony is appropriate. When calculating the length of the marriage, the Court will calculate the time elapsed between the date of the marriage and the date of filing for divorce.
- Short-term Marriage: A short term marriage is a marriage that lasts less then 10 years. In short term marriages, the length of the alimony awarded may not exceed 50% or half the length of the marriage.
- Moderate-term marriage: A moderate-term marriage is a marriage that lasts between 10 and 20 years. In moderate term marriages, the length of the alimony award may not exceed 60% of the length of the marriage. For example, if the parties are married for 15 years, the length of the alimony award cannot exceed 9 years.
- Long-term Marriage: A long-term marriage is a marriage that lasts 20 years or more. In long-term marriages, the length of the alimony award may not exceed 75% of the length of the marriage. For example, if the parties are married for 28 years, the length of the alimony award cannot exceed 21 years. It is important to remember that these are the maximum lengths and the judge still has discretion to make an award he or she deems appropriate.
Types of Alimony in Florida
- Temporary Alimony – Temporary alimony, also known as pendente lite alimony, is a type of spousal support that is awarded in Florida during the pendency of a divorce proceeding. This form of alimony is intended to maintain the financial status quo of the parties involved until the final divorce decree is issued. The purpose of temporary alimony is to ensure that the lower-earning or non-earning spouse has the financial resources to cover their living expenses and legal fees during the divorce process. It’s important to note that temporary alimony is just that – temporary. It ends when the final divorce decree is issued. At that time, the court may decide to award a different form of alimony.
- Bridge-the-gap Alimony – Bridge-the-gap alimony, as the name suggests, is designed to “bridge the gap” between married life and single life for a spouse following a divorce. This type of alimony is awarded in Florida to assist a spouse with legitimate, identifiable short-term needs as they transition from being married to being single. The purpose of bridge-the-gap alimony is to support the recipient spouse in meeting immediate, foreseeable needs related to the transition. This could include expenses such as moving costs, security deposits, or even costs associated with reentering the workforce, such as additional education or training. Bridge-the-gap alimony is typically awarded in cases where one spouse may be financially stable post-divorce, while the other spouse needs some financial assistance to adjust to the changes in lifestyle and living arrangements that come with divorce. It’s important to note that bridge-the-gap alimony is limited in duration and cannot exceed two years. Additionally, unlike some other forms of alimony, it is not modifiable in amount or duration. Once awarded, it cannot be increased, decreased, or extended, even if the recipient spouse’s financial circumstances change.
- Rehabilitative Alimony – Rehabilitative alimony is a type of spousal support that is awarded in some divorce cases with the specific goal of helping the recipient spouse become financially independent. This form of alimony is typically awarded when one spouse has been out of the workforce for a significant period of time, often to care for children or the household, and needs assistance to regain the skills or education necessary to reenter the workforce and support themselves. Rehabilitative alimony provides the necessary financial support for the recipient spouse to pursue education, training, or work experience that will enable them to establish a self-supporting career. This could include costs associated with going back to school, completing a degree or certification program, or obtaining necessary job training. Rehabilitative alimony is for a specific period of time, which is determined by the length of the rehabilitation plan. This plan, which must be presented to the court and will outline the steps the recipient spouse will take to become self-supporting, including details about the education or training required, the time frame, and the anticipated costs. It’s important to note that rehabilitative alimony is limited in duration and cannot exceed five years.
- Durational Alimony – Durational alimony is a type of spousal support that is awarded in Florida to provide financial assistance to a spouse following a divorce. This type of alimony is typically awarded in cases of short, moderate, or long-term marriages. The purpose of durational alimony is to provide the recipient spouse with economic assistance for a set period of time, a duration, following the dissolution of the marriage. Under the new Alimony Reform Bill passed in Florida in 2023, the concept of permanent alimony has been eliminated, making durational alimony a more common form of alimony awarded in the state. Durational alimony may not be awarded for marriages lasting less than three (3) years. For marriages over three years, the new law generally stipulates that the duration of alimony should be half the length of the marriage for short-term marriages, 60% of the length of the marriage for moderate-term marriages, and 75% the length of the marriage for long-term marriages. However, the court has the discretion to deviate from these guidelines based on the unique circumstances of each case. The length of a durational alimony award may not exceed the length of the marriage. Additionally, the length of the award may not be modified, except under exceptional circumstances. The money awarded for durational alimony will be the amount that the person receiving the alimony (the payee) needs for their everyday expenses based on the statutory factors provided. However, it is important to note that an alimony award may not leave the person who has to pay alimony (we call them the “payer”) with significantly less net income than the net income of the person who receives the alimony (we call them the “receiver”), unless there are exceptional circumstances.
Changes to Florida Alimony as of January 1, 2019
Effective January 1, 2019, alimony will no longer be tax deductible to the person paying the alimony and taxable as income to the recipient. The individual paying alimony will no longer receive an off the top deduction. Alimony will become much more expensive for the individual that is required to pay the alimony. However, alimony will no longer be counted as income to the spouse that is receiving the alimony. The new alimony tax laws only apply to divorce finalized after January 1, 2019. The bill is not retroactive and will not impact current alimony agreements. Read more about the new tax bill eliminating the alimony deduction.
How is alimony calculated in Florida?
How is alimony determined in the state of Florida?
Alimony in Florida is calculated based upon need and ability to pay. The American Association of Matrimonial Lawyers provides a guideline, which takes 30% of the payer’s gross annual income minus 20% of the payee’s gross annual income to estimate the alimony. The court’s must look at whether the spouse requesting alimony has a need and then determine if the other spouse has the ability to satisfy, all or part, of that need. Typically, courts look at the surplus or deficit on each party’s financial affidavit when determining if alimony should be awarded. While there is no set formula for alimony in Florida, there are some guidelines provided.
Alimony is a contentious issue in many divorce or modification cases. Parties routinely ask how much alimony am I going to have to pay? Or, if they are the spouse receiving alimony, how much alimony am I entitled to? In Florida, there is no set formula to calculate alimony. The legal standard in determining alimony is need and ability to pay. This means that the court must determine whether the spouse receiving alimony has a need and whether the spouse paying alimony has the ability to pay to satisfy all or part of that need. As this definition is rather ambiguous, the American Academy of Matrimonial Lawyers developed a formula to calculate alimony. This formula is merely a guideline and is not legally enforceable in Florida. Additionally, most judges do not follow the formula, but may consider it as a guideline in making their determination. The calculator below follows the guideline provided by the American Academy of Matrimonial Lawyers, which provides a parameter as to the potential alimony obligation. The calculator below only determines the monthly obligation and does not factor the length of the alimony obligation. The length of the alimony award is discussed below.
Length of Orlando Alimony Award
- Permanent alimony or lifetime alimony may be awarded following a marriage of long duration (17+ years) or following a marriage of moderate duration (7-17 years) if such an award is appropriate upon consideration of the statutory factors, or following a marriage of short duration if there are exceptional circumstances. Typically, permanent alimony is only awarded when the length of the marriage exceeds 17 years. However, there are circumstances where permanent alimony may be awarded when the duration of the marriage is less than 17 years.
- Durational alimony may be awarded when permanent periodic alimony is inappropriate. The length of an award of durational alimony may not exceed the length of the marriage. Many courts will order durational alimony for a duration equal to half (½) the length of the marriage. However, the court has discretion to award alimony for up to the full duration of the marriage. Again, the length will be determined by arguing the circumstances and statutory factors.
- Bridge-the-gap alimony may be awarded to assist a party by providing support while the party transitions from being married to being single. Bridge-the-gap alimony is designed to assist a party with legitimate identifiable short-term needs, and the length of an award may not exceed 2 years.
- Rehabilitative alimony may be awarded to assist a party in becoming self-supportive. The length of the alimony award may not exceed the rehabilitation plan, which usually includes a plan to acquire education or training to develop appropriate employment skills or credentials.
- Temporary alimony is paid during the duration of the case to provide temporary support while the case is ongoing. Temporary alimony does not exceed the length of the case.