As you approach your divorce, it’s normal to be curious about the future of your finances. Will you have to pay alimony to your ex-spouse? How much alimony will you get? How long will it last?
These questions often lead people to an alimony calculator to find out how much they will be receiving (or paying). However, these calculators don’t tell you the whole story.
Florida laws on calculating alimony are subject to change and there are certain factors that need to be considered when performing those calculations. Fortunately, the team at Leap Frog Divorce stays at the forefront of Florida statutes surrounding divorce so we can keep you updated and informed.
Florida Alimony Calculator
Keep in mind that this calculator is meant to be an informative tool and only reveals the maximum possible amount of alimony you will either pay or receive. This calculator is not a substitute for legal advice.
FL Alimony Factors
To determine an alimony amount, first the judge will determine the difference between the two former spouses’ incomes. By Florida law, the maximum amount of alimony paid cannot be more than 35% of this difference.
On top of using an alimony calculator or specific formula, the Judge in your divorce case will look at a variety of different factors.
- Does one spouse need alimony?
- Can the other spouse afford to pay alimony?
- What was the standard of living established during the marriage?
- What are the anticipated needs and necessities of life for each party after the divorce?
- How long did the marriage last?
- What is the age of each party?
- What is the physical, mental, and emotional condition of each party?
- Are there any children with mental or physical disabilities?
- Was there adultery in the marriage?
- What is each spouse’s earning capacity, educational level, and employability?
- How much did each spouse contribute to the marriage?
- What role will each spouse play in raising minor children?
At the end of the day, the law requires that the Judge take into consideration “any other factor necessary to do equity and justice between the parties.”
Who Pays Alimony In Florida?
Either the husband or the wife may be ordered to pay spousal support, or alimony, in a Florida divorce. Whether you pay or receive financial support is determined by something very simple: math.
If you have an excess at the end of the month and your spouse doesn’t have enough, you will be paying them alimony. If the situation is reversed, you will be the one receiving alimony.
An alimony award also depends upon the need of the spouse who wants it and the ability of the spouse who is going to actually pay it. Need is determined by how much cash the spouse who wants the support is short each month. Ability to pay is determined by how much surplus cash the spouse who is going to pay the alimony has at the end of each month.
The maximum amount of alimony is 35% of the difference between your two incomes, but that does not mean you will be granted the maximum amount if your needs are not that great.
Types of Alimony in Florida
In addition to determining the amount of alimony in a Florida divorce, the Judge must also decide what type of alimony it will be.
As of July 1, 2023, there are three main types of alimony in Florida:
Bridge-the-Gap Alimony
Bridge-the-Gap alimony is designed to help one spouse make the transition from being married to being single.
This type of alimony is primarily used when a spouse has specific short-term needs—such as paying off a loan—and may not last longer than two (2) years.
Bridge-the-gap alimony cannot be modified and only terminates when one or both parties pass away or the spouse receiving the alimony gets remarried.
Rehabilitative Alimony
Similarly, rehabilitative alimony is designed to help a spouse transition to being single, but there is a greater emphasis on helping them become independent.
For instance, if a stay-at-home spouse needs to go back to school or receive vocational training so they can reenter the workforce, rehabilitative alimony can help.
To receive this type of alimony, you must create a rehabilitative plan, and payments can be modified or terminated if:
- A “substantial change in circumstances” takes place,
- You complete the rehabilitative plan
- You do not comply with the rehabilitative plan.
Durational Alimony
If neither of the previous types of alimony apply, a Judge can grant durational alimony. However, for marriages lasting less than 3 years, durational alimony will not be awarded.
Durational alimony lasts for a set period of time, as determined by the length of the marriage:
- Short-Term Marriages (< 10 years): may not exceed 50% of the length of the marriage
- Moderate-Term Marriages (between 10 and 20 years): may not exceed 60% of the length of the marriage
- Long-Term Marriages (20+ years): may not exceed 75% of the length of the marriage
The amount of durational alimony can be modified based on a change in circumstances, but it is very difficult to change the length of durational alimony and in only exceptional circumstances can it exceed the length of the marriage.
Conclusion
When you are facing a divorce, it can be comforting to know exactly what you can expect when it is all over. Being able to calculate how much alimony you will receive (or owe) can help you budget and mentally prepare for life after divorce.
However, as an Orlando divorce attorney, I want to remind you that any alimony calculator in Florida can only give you an estimate of the amount you may receive.
The factors that determine your Florida alimony payments can be very complex. In my experience, the best way to prepare yourself for the outcome of your specific case is to talk to your attorney.
At Leap Frog Divorce, we put our knowledge and experience to work for you to help guide you through all aspects of your Florida divorce so you know what to expect at every step of the way.
Furthermore, having a qualified attorney on your side from Day 1 can help ensure that your alimony in your divorce is determined fairly.
Call our offices today so we can discuss your needs.
