Florida Alimony / Spousal Support Estimator

Florida has no fixed alimony formula, but under § 61.08 as reformed in 2023, payments are capped at 35% of the difference between the spouses' net incomes or the recipient's reasonable need, whichever is less. Courts first determine whether the requesting spouse has an actual need and the paying spouse has the ability to pay. Judges then weigh statutory factors including marriage duration, standard of living, earning capacity, and each party's financial resources.

Florida offers four types of alimony after the 2023 SB 1416 reform eliminated permanent alimony. Bridge-the-gap alimony covers short-term transitional needs for up to 2 years and is non-modifiable. Rehabilitative alimony supports education or job training for up to 5 years and requires a specific plan. Durational alimony provides longer-term support capped by marriage length, and temporary alimony covers needs during the divorce proceedings.

Under Florida Statute § 61.08, durational alimony cannot exceed 50% of a short-term marriage (under 10 years), 60% of a moderate-term marriage (10–20 years), or 75% of a long-term marriage (20+ years). For example, a 15-year marriage caps durational alimony at 9 years. Marriages lasting fewer than 3 years are ineligible for durational alimony. Courts may extend these limits only upon clear and convincing evidence of exceptional circumstances.

Florida Statute § 61.08(3) lists factors including the standard of living established during the marriage, each party's age and physical and emotional condition, financial resources including marital and non-marital assets, earning capacities and employability, contributions to the marriage such as homemaking and career building, responsibilities for minor children, tax consequences of the award, and any other factor necessary for equity. Written factual findings are required for every award or denial.

Durational and rehabilitative alimony can be modified upon a showing of substantial change in circumstances under Florida Statute § 61.14. Common triggers include job loss, significant income changes, or the recipient entering a supportive relationship. Bridge-the-gap alimony is non-modifiable in amount or duration. The 2023 reform also created a presumption that alimony terminates when the payor reaches federal full retirement age, with the payor required to give one year's notice.

Yes, under Florida Statute § 61.08(1), the court may consider the adultery of either spouse and the circumstances thereof when determining the amount of alimony. However, adultery is one factor among many and does not automatically increase or decrease an award. The economic impact of the adultery — such as marital funds spent on an extramarital relationship — carries more weight than the moral conduct itself.

For all divorce agreements executed after December 31, 2018, alimony payments are not deductible by the payor and not taxable income for the recipient under the federal Tax Cuts and Jobs Act of 2017. Florida has no state income tax, so there is no additional state tax impact. Florida Statute § 61.08(3)(g) requires courts to consider the tax treatment and consequences of any alimony award when determining amounts.

Yes, Florida recognizes prenuptial agreements under the Uniform Premarital Agreement Act (Florida Statute § 61.079) that waive or limit alimony rights. For enforceability, both parties must make full financial disclosure or voluntarily waive disclosure, the agreement must be in writing and signed voluntarily, and ideally each party should have independent legal counsel. Courts may decline to enforce an alimony waiver if it would leave one spouse eligible for public assistance.