Reviewed by: Brian Gottlieb

When a marriage ends in divorce, the court must determine if one spouse should provide financial assistance to the other. Known as spousal support, or alimony, each state has its own laws on calculating support obligations. Unlike other states that have a statutory formula to calculate spousal support, Florida courts use certain guidelines. As always, at Gottlieb Wagner, our South Florida divorce and separation lawyers are happy to guide you through the process.

How is Spousal Support Calculated in Florida?

Spousal support is financial assistance that is provided by the higher-earning spouse to the lower-earning spouse. Florida judges typically use the needs and ability to pay analysis in determining an alimony amount. This method evaluates the financial needs of the spouse requesting support and the paying spouse’s ability to provide.

Effective July 1, 2023, Florida eliminated permanent alimony for any divorce filed on or after that date. The forms of alimony now available are temporary, bridge-the-gap, rehabilitative, and durational. Although Florida has no statutory formula to calculate spousal support, Fla. Stat. §61.08(8)(c) specifies that durational alimony specifically may not exceed 35% of the difference between the spouses’ net incomes or the requesting spouse’s reasonable needs, whichever is less. Bridge-the-gap and rehabilitative alimony are not subject to this same cap.

In many cases, spousal support is designed to either help a spouse as they get used to living independently or as financial support while the spouse pursues additional education or training to become self-supporting.

Factors That Determine Spousal Support in Florida

Although there is no set formula, Florida judges will take the following factors under advisement in determining alimony:

• Duration of the marriage;
• Standard of living during the marriage;
• The age, physical, and emotional condition of each party;
• The resources and income of each party;
• Each party’s earning potential, education, and vocational skills, including the ability of either party to obtain the necessary skills or training to become self-supporting;
• The contribution of each party to the marriage, including homemaking, child care, education, and career building of the other party;
• The parental responsibilities of each party; and
• Any other factor that would help achieve an equitable outcome.

Will the Length of My Marriage Affect How Long I Receive Alimony?

Florida law does set parameters for how long alimony can be awarded based on the duration of a marriage. Florida law considers a marriage that lasts less than 10 years to be a short-term marriage, 10 to 20 years a moderate-term marriage, and 20 years or longer to be a long-term marriage. Durational alimony, which is designed to provide economic assistance for a set period, cannot last longer than 50% of the length of a short-term marriage, 60% of a moderate-term marriage, and 75% of a long-term marriage.

However, the duration of other types of alimony does not depend on the length of the marriage. Bridge-the-gap alimony, which is intended to help a spouse transition from married to single life, cannot exceed two years. Rehabilitative alimony, which is designed to help support a spouse as they pursue further education and training to become financially independent, cannot exceed five years. Temporary alimony is typically only awarded during divorce proceedings and terminates once the divorce is finalized.

How Do Other States Calculate Spousal Support?

Many states have statutory formulas to determine spousal support. This involves finding the income disparity between spouses. The specific formula will depend on where you live, but it often involves applying a percentage (between 30% to 40%) to the higher-earning spouse’s net annual income, then subtracting a percentage of the lower-earning spouse’s income. Other states may calculate the difference between both spouses’ gross incomes in calculating a monthly support amount.

Reach Out to Our South Florida Divorce and Separation Attorneys

Getting divorced can be overwhelming, making you worry about your financial security. At Gottlieb Wagner, our team of professionals knows that you are entering a difficult phase of life. Our family law attorneys want to help you succeed as you transition from being married to living individually. We are here to address your concerns and discuss what type of alimony most likely suits your needs. To schedule a consultation with one of our South Florida divorce and separation lawyers, contact us online or by calling (305) 919-7788.