Alimony, also known as spousal support, is one of the most contested issues in Florida divorces. It can significantly impact the financial futures of both spouses.
Recent Changes to Florida Alimony Law (2023 Reform)
Under the Florida Alimony Reform Bill (SB 1416), signed into law in July 2023:
- Permanent alimony has been eliminated
- Judges are directed to consider objective formulas in some cases
- There are clearer caps on duration and amount
- There’s increased emphasis on retirement and financial independence
- Courts are required to make specific written findings
These changes apply to new divorce cases filed after July 1, 2023. Modifications to existing alimony orders are not automatically affected unless filed with the court.
⚖️ Types of Alimony in Florida
After the 2023 reform, Florida recognizes four types of alimony:
1. Temporary Alimony
- Awarded during divorce proceedings
- Ends once the divorce is finalized
2. Bridge-the-Gap Alimony
- Short-term support (up to 2 years)
- Helps with transition from married to single life
- Non-modifiable in amount or duration
3. Rehabilitative Alimony
- Helps a spouse gain education or training to become self-sufficient
- Must include a specific plan (schooling, training, etc.)
- Capped at 5 years
4. Durational Alimony
- Provides support for a set time (after moderate or long-term marriage)
- Maximum duration depends on length of the marriage
- Capped at 50% of the length of the marriage in short-term marriages, 60% in moderate-term, and 75% in long-term
📌 Marriage Duration Categories in Florida
Florida defines marriages by duration, which affects the type and duration of alimony available:
| Marriage Duration | Time Frame |
|---|---|
| Short-term | Less than 10 years |
| Moderate-term | 10 to 20 years |
| Long-term | More than 20 years |
🧮 Is There a Florida Alimony Calculator?
There is no official formula or government-sponsored calculator in Florida. However, courts often use an informal formula based on income disparity, and attorneys use it as a starting point.
🧾 Unofficial Florida Alimony Formula:
Alimony Estimate = 30% of Payor’s Gross Income – 20% of Recipient’s Gross Income
This formula is not binding and does not consider all statutory factors, but it helps to get a ballpark figure.
✅ Example Calculation:
| Spouse | Gross Monthly Income |
|---|---|
| Payor | $8,000 |
| Recipient | $2,000 |
- 30% of $8,000 = $2,400
- 20% of $2,000 = $400
- Estimated Alimony = $2,400 – $400 = $2,000/month
This amount is subject to duration limits, ability to pay, recipient’s need, and other considerations.
🔍 Factors Courts Consider in Alimony Decisions
Even with an estimate, Florida judges must evaluate statutory factors under Florida Statutes § 61.08, including:
- Standard of living during the marriage
- Length of the marriage
- Age and health of each party
- Financial resources and incomes
- Earning capacity, education, and employability
- Contributions to the marriage (homemaker, childcare, career support)
- Responsibilities to minor children
- Tax treatment and consequences
- Any other factor necessary for equity
Importantly, courts may impute income to a spouse who is voluntarily unemployed or underemployed.
🧓 Retirement and Alimony
One key reform in 2023 is that retirement is now a valid reason for a modification or termination of alimony. The court will examine:
- The reasonableness of retirement
- Age and health of the obligor
- Financial impact on the payor and recipient
⏳ Duration Limits Based on Marriage Length
Florida’s 2023 law caps durational alimony based on how long the marriage lasted:
| Marriage Type | Max Alimony Duration |
|---|---|
| Short-term (<10 yrs) | 50% of marriage length |
| Moderate-term (10–20 yrs) | 60% of marriage length |
| Long-term (20+ yrs) | 75% of marriage length |
So, a 10-year marriage may lead to up to 6 years of durational alimony, depending on other factors.
📉 When Can Alimony Be Modified or Terminated?
Florida law allows for modification or termination when there is:
- A substantial change in circumstances
- Cohabitation that provides financial support to the recipient
- The retirement of the paying spouse (if reasonable)
- The remarriage of the recipient
Alimony orders can also include automatic termination triggers, such as a specific end date or recipient reaching self-sufficiency.
📊 Pros and Cons of a Florida Alimony Calculator
✅ Benefits:
- Helps estimate likely range of payments
- Useful for mediation or settlement talks
- Supports financial planning
- Can help avoid overpayment or unrealistic demands
❌ Limitations:
- Does not replace legal advice
- Doesn’t account for all factors (health, children, tax issues)
- Not used by judges directly
- May give false confidence or expectations
💻 How to Use a Florida Alimony Calculator (Step-by-Step)
- Gather gross monthly income of both spouses
- Apply:
- 30% of higher earner’s income
- 20% of lower earner’s income
- Subtract the two
- Cap the duration based on marriage length
- Adjust based on age, health, and contributions
- Consider tax treatment (alimony is not taxable/deductible for divorces finalized after 2019)
Example Spreadsheet Entry:
| Field | Value |
|---|---|
| Payor Monthly Income | $10,000 |
| Recipient Monthly Income | $3,000 |
| 30% of Payor Income | $3,000 |
| 20% of Recipient Income | $600 |
| Estimated Alimony | $2,400/month |
| Max Duration (moderate marriage) | 60% of 12 years = 7.2 years |
Need a downloadable calculator in Excel or Google Sheets? I can generate one for you.
📚 Legal Resources for Alimony in Florida
- Florida Statutes – Alimony Law (§ 61.08):
http://www.leg.state.fl.us - Florida Courts Self-Help Portal:
https://www.flcourts.org/Resources-Services/Family-Courts - Florida Bar Lawyer Referral Service:
https://lrs.floridabar.org - Florida Department of Revenue – Child Support Resources:
https://floridarevenue.com/childsupport
FAQs
1. Is alimony automatic in Florida?
No. One spouse must request it, and the court must determine that there’s need and ability to pay.
2. Is Florida a no-fault state?
Yes. The court does not consider marital misconduct (like cheating) unless it impacts finances.
3. Can alimony be waived?
Yes. Parties can agree in a prenup or divorce settlement to waive or set alimony terms.
4. Is alimony taxable?
For divorces finalized after January 1, 2019, alimony is not tax-deductible for the payer and not taxable income for the recipient.
5. What happens if my ex won’t pay alimony?
You can file a motion for contempt. The court can enforce payment through wage garnishment, asset seizure, or suspension of licenses.
📝 Final Words
While Florida courts do not rely on a formal formula, using an unofficial alimony calculator can help estimate potential obligations or entitlements and prepare for mediation or trial.
Still, every case is different. Courts consider many personal and financial details that calculators can’t capture. That’s why you should use a calculator as a guideline, not a rule—and consult a Florida family law attorney for a complete strategy.