Understanding how alimony works and what you may have to pay or may be entitled to receive is crucial when planning your financial future after divorce. With Florida’s 2023 alimony reform, the rules have changed significantly, and knowing what to expect can help you make informed decisions during an already overwhelming season.
Kalish & Jaggars, PLLC guides Florida spouses through alimony issues with clarity and confidence. Our team breaks down how the new law works, what factors influence the amount and duration of support, and how to ensure fair calculations based on your actual financial circumstances.
Unlike child support, alimony in Florida is not determined by a rigid formula. Instead, it follows a combination of judicial discretion and newly established statutory limits—including the 35% income cap, duration formulas tied to marriage length, and the essential “need vs. ability” analysis. These rules create a framework to estimate potential exposure or entitlement, though individual circumstances can significantly affect the final outcome.
Do not rely on guesswork for your financial future. If you have questions about spousal support calculations, contact Kalish & Jaggars, PLLC today.
Important: This calculator is an estimate based on statutory caps. Alimony is not automatic in Florida. It is awarded only when one spouse proves a financial need and the other has the ability to pay. For personalized guidance about your situation, connect with one of our family law attorneys at an office near you.
Types of Alimony in Florida
Florida’s approach to alimony changed dramatically with the passage of Senate Bill 1416 in 2023. The law eliminated permanent alimony for new cases and replaced it with structured, predictable forms of support. Today, there are four primary types of alimony, each serving a specific purpose and designed to address different financial needs during or after a divorce.
Temporary Alimony
Temporary alimony, also called pendente lite alimony, is intended to maintain the financial status quo while the divorce is ongoing. It ensures that both spouses can continue paying essential living expenses, such as rent or mortgage, utilities, groceries, transportation, and health insurance. This type of support is short-term and automatically ends once the court enters the final judgment of divorce. Judges calculate temporary alimony based on the immediate financial need of one spouse and the ability of the other to pay, making it a critical tool for keeping households stable during the often stressful divorce process.
Bridge-the-gap Alimony
Bridge-the-gap alimony is designed to help a spouse make a smooth transition from married life to single life. It is intended for short-term, clearly defined needs, such as covering moving expenses, first months’ rent, or temporary living costs while waiting for marital assets to be distributed. Bridge-the-gap alimony is limited to a maximum of two years and cannot be extended. Once awarded, the amount and duration are not modifiable, and the alimony automatically ends if either party dies or the recipient remarries. Courts award this type of support only when there is a specific financial gap that needs to be bridged, rather than for ongoing lifestyle maintenance.
Rehabilitative Alimony
Rehabilitative alimony is aimed at helping a spouse become self-supporting through education, training, or skill development. For example, a spouse may receive support to complete a nursing or teaching degree, obtain a professional license, or participate in a certification or vocational program. The duration of rehabilitative alimony is capped at five years, and the recipient must submit a specific, written plan outlining how the support will be used to increase earning capacity and achieve financial independence. Courts may modify or terminate rehabilitative alimony if the plan is not followed, is completed sooner than expected, or circumstances change. This type of support reflects Florida’s goal of fostering self-sufficiency rather than long-term dependency.
Durational Alimony
Durational alimony is now the primary form of longer-term support in Florida and serves as the backbone of alimony awards after the 2023 reform. It provides financial assistance for a defined period, particularly when one spouse cannot maintain the standard of living established during the marriage. Durational alimony is awarded only if the requesting spouse demonstrates genuine financial need and the other spouse has the ability to pay. The duration of durational alimony is strictly capped based on the length of the marriage. For short-term marriages lasting less than ten years, it is rarely awarded and may not exceed fifty percent of the marriage length. Moderate-term marriages of ten to twenty years often receive durational alimony up to sixty percent of the marriage duration, while long-term marriages of twenty years or more can receive support for up to seventy-five percent of the marriage length. The monthly amount cannot exceed thirty-five percent of the difference in net incomes between the parties, although judges may award less based on the recipient’s proven needs. The duration and amount can be modified only in specific circumstances, such as substantial changes in income, retirement, or a new supportive relationship of the recipient.
Permanent Alimony
It is important to note that permanent alimony no longer exists for cases filed on or after July 1, 2023. Previously, permanent alimony could continue until the death or remarriage of the recipient, but the law now replaces it entirely with durational alimony and other limited forms of support. This shift reflects the legislature’s intention to provide predictable, finite support while encouraging self-sufficiency and fairness for both parties.
In practice, these alimony types serve distinct roles. Temporary alimony addresses immediate, short-term financial needs during divorce proceedings. Bridge-the-gap alimony helps a spouse handle clearly defined transitional expenses. Rehabilitative alimony supports education and skill development for long-term independence. Durational alimony provides structured, time-limited financial assistance after the divorce is finalized. By understanding the purpose and limitations of each type of alimony, divorcing spouses in Florida can better navigate their financial obligations or expectations under the law.
Key Legal Factors Courts Must Consider in Florida Alimony Cases
Even with the statutory caps established under the 2023 law, judges in Florida are still required to carefully examine a range of factors before awarding alimony. The purpose of this analysis is to ensure that the support awarded is fair and appropriate, based on both the financial needs of the requesting spouse and the ability of the other spouse to pay.
Standard of Living
One of the most important considerations is the standard of living established during the marriage. Courts look at the lifestyle that the couple maintained while together, including housing, vacations, dining, and other household expenses. This helps judges determine what level of support is reasonable to allow the recipient to maintain a comparable standard of living post-divorce.
Existing Financial Resources
Judges also evaluate each spouse’s financial resources. This includes all assets, whether marital or non-marital, as well as income from salaries, pensions, retirement accounts, investments, rental properties, and other sources. The goal is to understand whether the spouse seeking support has sufficient resources to meet their own needs, independent of the payor.
Earning Capacity
Earning capacity and employability are another critical factor. Courts consider the education, vocational skills, and work experience of each spouse. If one spouse requires additional education or training to become self-supporting, this may influence the type and duration of alimony awarded. For example, rehabilitative alimony may be ordered to assist with completing a degree or vocational certification.
Contributions While Married
The contributions of each spouse to the marriage also matter. This includes not only financial contributions but also homemaking, childcare, and career support that allowed the other spouse to advance professionally. Courts recognize the economic value of these contributions and may factor them into the determination of alimony.
Childcare
Childcare responsibilities are also considered. A spouse who assumes primary responsibility for minor children may have reduced earning potential due to caregiving duties, which can affect both the need for support and the duration of alimony.
State & Federal Taxes
Tax consequences are taken into account as well, particularly since Florida has no state income tax and federal law now treats alimony for divorces finalized after December 31, 2018, differently than before. Under current rules, alimony is no longer deductible for the payor, nor is it considered taxable income for the recipient. This affects the net financial impact of the award on both parties.
Additional Considerations Affecting Alimony
Certain circumstances can significantly impact alimony awards or trigger modifications. These are particularly relevant under the 2023 law.
Retirement: The law now explicitly allows a payor who reaches normal retirement age to request a reduction or termination of alimony. This is particularly relevant in so-called “grey divorce” cases, where older spouses are dividing assets later in life. Courts will consider the payor’s retirement benefits and whether continuing support would create financial hardship.
Supportive Relationships (Cohabitation): If the recipient spouse enters into a new relationship that functions like a marriage—sharing a home, pooling finances, or receiving financial support—the court may reduce or terminate alimony. This provision does not require the parties to be legally married; it only requires that the relationship provides an economic benefit comparable to that of a marriage.
Voluntary Underemployment: Florida courts do not allow a spouse to avoid alimony by voluntarily reducing their income. If a payor intentionally quits a job or reduces their earnings, the court may impute income based on their previous employment history or typical earnings for someone in their position in the community.
Duration of Spousal Support in Florida
One of the most significant changes introduced by the 2023 legislation is the rigid categorization of marriage lengths. The duration of the marriage is measured from the date of marriage until the date of filing the petition for dissolution of marriage.
These new categories create strict “cliffs” that determine how long alimony can last.
Short-Term Marriage (Less than 10 Years)
- Presumption: There is a rebuttable presumption against awarding alimony for short-term marriages. It is difficult, though not impossible, to secure durational alimony in these cases.
- Maximum Duration: If awarded, the length of the support cannot exceed 50% of the length of the marriage.
- Example: For a marriage lasting 8 years, the absolute maximum duration of alimony would be 4 years.
Moderate-Term Marriage (10 to 20 Years)
- Presumption: There is no presumption for or against alimony. These cases are decided strictly on the burden of proof regarding need and ability to pay.
- Maximum Duration: The length of support cannot exceed 60% of the length of the marriage.
- Example: For a marriage lasting 15 years, the absolute maximum duration of alimony would be 9 years.
Long-Term Marriage (20 Years or Longer)
- Presumption: There is a rebuttable presumption in favor of awarding alimony. The burden shifts to the payor to prove why alimony should not be awarded.
- Maximum Duration: The length of support cannot exceed 75% of the length of the marriage.
- Example: For a marriage lasting 24 years, the absolute maximum duration of alimony would be 18 years.
Important Note: Even in long-term marriages, the concept of “permanent” alimony is gone. Support is now finite. While the court can extend these caps under “exceptional circumstances,” doing so requires clear and convincing evidence, which is a very high legal standard to meet.
Termination of Support
Regardless of the court-ordered duration, alimony payments typically terminate automatically upon:
- The death of either the paying spouse or the receiving spouse.
- The remarriage of the receiving spouse.
- The expiration of the specific term listed in the final judgment.
Income Considerations for Spousal Support
The accuracy of any spousal support calculation depends entirely on the accuracy of the income inputs. The new law caps alimony at 35% of the difference in the parties’ Net Incomes. But what exactly counts as income, and how is “net” defined?
Defining “Gross Income”
Florida takes a very broad view of income. It is not limited to the salary listed on a W-2. Under Florida Statute § 61.046 and § 61.30, gross income includes:
- Salary and Wages: Base pay, overtime, and shift differentials.
- Bonuses and Commissions: Often averaged over the past 12 to 24 months if they fluctuate.
- Business Income: Income from self-employment, partnerships, or close corporations (gross receipts minus ordinary and necessary business expenses).
- Disability Benefits: Including SSDI, VA benefits, and private disability insurance.
- Retirement and Pensions: Recurring payments from pensions, annuities, or 401(k) distributions.
- Investment Income: Interest, dividends, and capital gains.
- Rental Income: Net income from rental properties.
- In-Kind Payments: Housing allowances, company cars, or meal allowances that reduce personal living expenses.
Calculating “Net Income”
To determine the net income used for the 35% cap formula, specific deductions are subtracted from the gross income. Florida does not simply look at your “take-home pay” on a paystub, as voluntary deductions (like 401k contributions beyond the mandatory amount) are added back in.
Allowable deductions typically include:
- Federal, state, and local income taxes (based on actual filing status).
- Federal insurance contributions (Social Security and Medicare/FICA).
- Mandatory union dues.
- Mandatory retirement payments.
- Health insurance payments (excluding coverage for children).
- Court-ordered support for other children actually paid.
The Self-Employment Challenge
For business owners and entrepreneurs, income determination is often the most contentious part of the alimony calculation. It is common for business owners to run personal expenses through the business—such as vehicles, cell phones, or travel—to lower their taxable income.
In a divorce context, these personal expenses are often “added back” to the business owner’s income, increasing their ability to pay. At Kalish & Jaggars, PLLC, we frequently work with forensic accountants to uncover the true cash flow of a business, ensuring the alimony calculation is based on reality, not just a tax return.
Tax Treatment of Spousal Support
The tax implications of alimony are a critical component of divorce strategy. The rules changed drastically with the federal Tax Cuts and Jobs Act (TCJA), and understanding which set of rules applies to you is vital for financial planning.
Divorces Finalized AFTER December 31, 2018
For all divorce agreements executed on or after January 1, 2019, the federal tax treatment is as follows:
- The Payor: Alimony payments are NOT tax-deductible. You pay the support using “after-tax” dollars.
- The Recipient: Alimony payments are NOT considered taxable income. You receive the full amount tax-free.
This shift has made alimony significantly more expensive for high-earning payors, as they can no longer shift the income tax burden to the recipient (who is typically in a lower tax bracket). This reduction in the total “family pot” of available cash has made negotiations tougher and precise calculations more important than ever.
Divorces Finalized BEFORE January 1, 2019
If your divorce was finalized before 2019, the old rules generally still apply:
- The payor can deduct alimony payments from their taxable income.
- The recipient must report alimony as taxable income.
Note on Modifications: If you modify a pre-2019 alimony agreement today, the old tax rules usually remain in effect unless the parties expressly agree in the modification to adopt the new tax rules. Because Florida does not have a state personal income tax, all tax considerations are strictly related to Federal IRS regulations.
Frequently Asked Questions About Florida Alimony
How long do you have to be married to get alimony?
There is no minimum marriage length to qualify for alimony. However, shorter marriages generally receive short-term support, such as rehabilitative or bridge-the-gap alimony, rather than long-term durational alimony.
Does Florida still have permanent alimony?
No. Permanent alimony no longer exists for cases filed after July 1, 2023. Long-term support is now limited to durational alimony and other time-limited types.
Is alimony taxable in Florida?
No. Alimony is non-taxable to the recipient and non-deductible for the payor. Florida’s lack of a state income tax simplifies this calculation.
Can alimony be modified?
Yes. Alimony can be modified if there is a substantial, involuntary, and permanent change in circumstances, such as a job loss, disability, retirement, or the recipient entering a supportive relationship.
Does adultery affect alimony?
Yes, but only if the adultery had a financial impact, such as spending marital funds on an affair. Simply committing adultery without an economic effect does not automatically affect alimony awards.
Why Choose Kalish & Jaggars, PLLC
Alimony matters can have a profound impact on both your financial stability and your post-divorce lifestyle. Determining spousal support in Florida involves complex calculations, strict statutory caps, and discretionary considerations that can be confusing to navigate on your own. Having experienced legal guidance ensures that your rights are protected, your obligations or entitlements are calculated accurately, and your financial future is safeguarded.
At Kalish & Jaggars, PLLC, we bring extensive experience in Florida family law to every alimony case. We understand that behind each calculation is a real family facing significant life changes, trying to balance fairness, financial security, and the practical realities of post-divorce life. Whether you are seeking support or are obligated to pay it, our team helps you understand the rules, assess your options, and plan for the future with confidence.
Get Help with Florida Spousal Maintenance Calculations
Uncertainty about alimony can be stressful, affecting your ability to make long-term financial decisions. Our goal is to provide clear, accurate guidance about your responsibilities or entitlements under Florida law. We help clients navigate the latest statutory changes, including durational caps, retirement modifications, and supportive relationship considerations, ensuring that alimony calculations are fair, realistic, and sustainable. With our assistance, you can understand the potential maximum support, explore modifications if circumstances change, and protect your financial stability while complying with the law.
Legal Disclaimer
The information provided on this page is for educational and informational purposes only and does not constitute legal advice. Alimony calculations involve numerous variables, including marriage length, income, expenses, and discretionary judicial considerations, all of which require professional legal analysis. For advice tailored to your situation, please schedule a consultation with one of our experienced Florida family law attorneys.
