Alimony—often referred to as spousal support—is a monthly monetary payment that is created as part of a divorce decree. When divorcing spouses have a significant difference in income, the court may award payments to the lower-earning spouse.

The amount and duration of this support varies, and the process of determining alimony payments in Florida can be complex. The good news is that a skilled spousal support attorney from our firm could assist with identifying the proper amount that is owed.

Calculating the Amount of Alimony

When a judge issues an order for child support, the amount is based on an initial calculation using a formula that takes both parties’ income and debts into account. There is no similar mathematical equation for establishing the amount of spousal support owed in Florida. Instead, a judge will consider the facts, determine if alimony is necessary, and then set the amount in the order. It is up to the party requesting payment to establish that they need it. If the sides cannot agree on what amount is fair—or if alimony is necessary at all—a trial will commence where the court hears evidence and makes the final decision.

There are limits to the amount the court can order. Under the law, a judge cannot award a monthly payment that is more than 35 percent of the difference between the net incomes of the spouses. Net income is calculated by taking into account all forms of income and subtracting deductions for things like child support, tax obligations, and union dues.

In addition to the relative income of the parties, the court can also consider any evidence of adultery. This must be made relative to the financial impact that the adulterous act had on the marriage.

Changes to Florida Law

In 2023, Florida made substantial changes to the way alimony is awarded. Not only did the legislature change the way alimony is awarded, but it also altered the options available.

For years, state law allowed the courts to order permanent alimony under limited circumstances, and these payments were often made for the rest of a person’s life. By removing this option, there is a firm limit to the amount of time a spouse can secure financial support.

How Long Do Payments Last?

Florida courts have the obligation to do more than determine the amount of alimony. A judge must also set out how long these payments are intended to last. This depends, in part, on the type of alimony that is awarded.

While these awards are never permanent, different time limits apply, based on the circumstances. Temporary alimony can only last until the completion of divorce proceedings, for example. Bridge-the-gap alimony is capped at two years but can end earlier if either party passes away.

The longest time limits are reserved for durational alimony, but even this type is capped. The court cannot order payments to continue for a period longer than the marriage lasted.

Talk to an Attorney in Florida About Determining Alimony Payments

If you believe you are entitled to alimony or if you are being asked to provide it, let The Florida Probate & Family Law Firm help you make your voice heard. While no outcome is guaranteed, our lawyers will work tirelessly to secure the best possible result. Call today for a free consultation to discuss determining alimony payments in Florida.

The Florida Probate & Family Law Firm N/a
The Florida Probate & Family Law Firm N/a
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