How alimony works in Florida
Florida does not use a formula for alimony. Since July 1, 2023, Fla. Stat. §61.08 sets which forms the court may award, a ceiling on the amount of durational alimony and a time limit for each form. Inside those limits the judge decides whether to award alimony, which form, how much and for how long. The calculator above shows the limits for your numbers. It cannot tell you what a court will order.
Need and ability to pay come first
Before anything else, the court must make a specific finding that the spouse asking for alimony has an actual need for it and that the other spouse has the ability to pay. The spouse asking carries the burden of proving both (§61.08(2)). Only then does the court choose a form and weigh the factors in §61.08(3): the length of the marriage, the standard of living, each spouse's age and health, income and resources, earning capacity and education, contributions to the marriage such as homemaking and child care, and responsibilities for the children. The court may also consider adultery and its economic impact, and it must explain its decision in written findings.
The four forms of alimony
- Temporary alimony is paid while the case is pending. The statute sets no formula or cap for it.
- Bridge-the-gap alimony covers legitimate, identifiable short-term needs during the move to single life. It may not last more than 2 years and cannot be modified.
- Rehabilitative alimony helps a spouse regain skills or get the education, training or work experience needed to become self-supporting. It requires a specific rehabilitative plan in the order and may not last more than 5 years.
- Durational alimony provides support for a set period. It is not available after a marriage of less than 3 years.
The court may combine forms and may order periodic or lump sum payments (§61.08(1)). Permanent alimony was removed by the 2023 reform.
The cap on durational alimony
Durational alimony may not exceed the lesser of the recipient's reasonable need or 35% of the difference between the spouses' net incomes (§61.08(8)(c)). Net income is figured as for child support under §61.30, without subtracting alimony ordered between the same spouses. With net incomes of $7,000 and $3,000 a month, the difference is $4,000 and 35% of it is $1,400, so the ceiling is $1,400 or the recipient's need if that is lower. Separately, no award may leave the payer with significantly less net income than the recipient unless the court finds exceptional circumstances in writing (§61.08(9)).
The time limit on durational alimony
The length of the marriage runs from the wedding to the filing of the divorce. Durational alimony may not last longer than the marriage except under the extension described below, and within that the general limits are:
| Length of marriage | Longest durational alimony |
|---|---|
| Under 3 years | Not available |
| 3 years to under 10 years (short-term) | 50% of the marriage |
| 10 to under 20 years (moderate-term) | 60% of the marriage |
| 20 years or more (long-term) | 75% of the marriage |
A 12-year marriage therefore allows up to 7 years and about 2 months. The court can extend durational alimony beyond these limits, and beyond the length of the marriage, only in exceptional circumstances shown by clear and convincing evidence (§61.08(8)(a)-(b)), considering the recipient's age and employability, financial resources, any disability, and care of a disabled child of both spouses. The marriage length categories are rebuttable presumptions (§61.08(5)).
Changes and endings
Durational alimony ends on the death of either spouse or the remarriage of the recipient. Its amount can be modified after a substantial change in circumstances, but its length only in exceptional circumstances. Alimony and child support are separate; see the Florida child support calculator for that side.