How Is Alimony Determined in Florida?
Spousal support (also known as alimony) in Florida is based on a spouse’s financial need, the other spouse’s ability to contribute, and the length of your marriage. The law gives judges guidelines for calculating the amount and duration of support, but you and your spouse always have the freedom to create your own agreement. Even though attorneys look to the statute for guidance, you can choose terms that work for your situation, especially in Mediation or Collaborative Divorce.
Understanding How Need and Ability Shape the Outcome
In Florida, spousal support begins with two factors. The first is a spouse’s need for financial support. The second is the other spouse’s ability to provide all or part of that support. The law does not require both spouses to end up with the same financial position after the divorce. In fact, the statute now states that the amount of alimony should not exceed thirty percent of the difference between the spouses’ net monthly incomes.
This usually means one spouse will continue to be better off financially, which is common when a marriage ends because there are no longer combined resources.
The length of the marriage also plays a major role. The statute connects the duration of support to the length of the marriage. The longer a couple is married, the higher the length of time a judge can order alimony to be paid. These guidelines tell judges what they are permitted to do, but you are not restricted to them if both spouses agree to something different.
You Always Have Choices Outside the Courtroom
Even though judges follow statutory formulas, you and your spouse are free to make your own decisions about spousal support. In Mediation or Collaborative Divorce, couples often agree to arrangements that would never happen in court. For example, a spouse who would not qualify for alimony under the statute may still receive it based on circumstances that are meaningful to the couple, even if those reasons would not matter to a judge.
This flexibility allows you to focus on what feels fair rather than what the court would calculate based upon the statute. It also helps you think about what each person can afford, which often leads to more stable and cooperative outcomes.
How Long Alimony Lasts in Florida
There used to be permanent alimony in Florida, meaning support could last for the rest of a spouse’s life. That is no longer the case. Today, alimony lasts for a percentage of the length of the marriage, not the entire marriage itself. Most attorneys now automatically use the newer formula when they are litigating cases.
If your alimony was set before the change in the law, the statute does not allow a modification based solely on the fact that the law changed. However, if you request a modification for another reason, such as a change in income or health, the judge will apply the current law. The statute also mentions the Social Security Administration’s standard retirement age. Once a person reaches that age, they may seek a modification, which could lead to a reduction or termination of alimony.
The law is not perfectly clear on this point, so outcomes can vary depending on the judge and the financial facts of the case.
Contact the Law Offices of Robert J. Merlin
If you are trying to understand what spousal support might look like in your case, Robert J. Merlin can help you review the relevant guidelines and explore your options. To schedule a consultation, call (305) 448-1555.
The Law Offices of Robert J. Merlin, P.A. are located at 250 Catalonia Avenue, Suite 706, Coral Gables, Florida 33134.
Frequently Asked Questions
Does the judge always use the thirty percent calculation?
Yes, judges follow the statute, but you and your spouse may agree to a different amount if you are resolving your case outside of court.
Can we choose support terms that do not match what the law says?
Yes. In Mediation and Collaborative Divorce, you can make decisions that fit your specific needs, even if those terms would never be ordered by a judge.
Does alimony end at retirement age?
Not automatically. Retirement allows a spouse to request a modification, but the judge will look at all financial circumstances before deciding.
Can older alimony orders be changed under the new law?
They cannot be changed just because the statute was updated, but they may be modified if there is a qualifying change in circumstances.
Bob Merlin is a Florida Bar Board Certified Family Law Specialist, he practices in the areas of divorce, time-sharing of children and parenting plans, child support, alimony, paternity, pre-nuptial and post-nuptial agreements, and cohabitation/partnership agreements.
As an experienced Collaborative attorney, Bob continually hones his skills in the Collaborative Process and trains other professionals how to become a Collaborative professional as he is.
“My goal is to help divorcing and other family law clients make well-informed decisions so they experience a more efficient process and feel more in control over their futures.”
