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Florida Spousal Support Calculator

Calculate Alimony Under Florida Statutes Chapter 61

Income Information

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Marriage Details

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Marriage less than 10 years? ℹ️Marriages under 10 years may qualify for durational alimony up to 50% of the marriage length.
Marriage 10-20 years? ℹ️Marriages 10-20 years may qualify for durational alimony up to 60% of the marriage length.
Marriage 20+ years? ℹ️Marriages over 20 years may qualify for durational alimony up to 75% of the marriage length. Permanent alimony is no longer awarded.
Is recipient custodial parent? ℹ️Check if the alimony recipient has primary physical custody of minor children from the marriage

Florida-Specific Factors

Domestic violence involved? ℹ️Check if there was documented domestic violence. Courts may consider this within the statutory framework.

Florida Domestic Violence Impact (Fla. Stat. § 61.08):

  • May be considered as a factor affecting need and ability to pay
  • Therapy/rehabilitation costs may be considered
  • Awards must still comply with 2023 statutory caps
Adultery with financial impact? ℹ️The 2023 law allows courts to consider the financial impact of adultery (e.g., dissipation of assets).

Florida Adultery Considerations:

  • Financial impact: Courts may consider adultery if it affected marital finances
  • Dissipation of assets: Spending marital funds on an affair may affect awards
  • Not automatic: Adultery alone doesn't automatically affect alimony

See: Florida Statutes § 61.08 as amended by SB 1416 (2023)

Florida Professional License Rules:

  • Courts may order support during license maintenance periods
  • Continuing education costs may be factored into awards
  • Must comply with 2023 statutory caps

Florida Cohabitation Rules:

  • Alimony typically terminates upon remarriage
  • Cohabitation may be grounds for modification or termination
  • Payor must petition court for modification

Needs and Resources

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Florida Retirement Rules:

  • Retirement Age: Payor reaching full retirement age is a presumptive reason for modification/termination
  • Retirement Accounts: IRA/401k withdrawals may be considered as income

See: Fla. Stat. § 61.14 as amended by SB 1416 (2023)

Earning Capacity

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Recipient Sacrificed Career for Marriage?
Recipient has disability?

Duration Factors

Maintain marital standard of living? ℹ️Courts may consider this, but awards are now constrained by statutory caps.
Significant separate property?
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Important Legal Note: This calculator reflects Florida alimony law as reformed by Senate Bill 1416, effective July 1, 2023. Key changes include: Permanent alimony is eliminated; Alimony is capped at 35% of the net income difference; Durational alimony has maximum durations based on marriage length. This is an estimate only - actual court orders may differ. Consult a Florida family law attorney for advice.

Florida Alimony Calculation Results

Alimony Type Determination

Recommended Alimony Type:

Primary Factors:

Monthly Alimony Amount

Guideline Amount:

Statutory Cap Applied:

Duration of Alimony

Recommended Duration:

Statutory Maximum:

Judicial Considerations

Likely Range:

Key Factors:

Disclaimer: This calculator provides estimates based on Florida statutes as amended by SB 1416 (2023). Permanent alimony has been eliminated. Calculations apply statutory caps on amount (35% of net income difference) and duration (based on marriage length). This is not legal advice. Consult a licensed Florida family law attorney.

Florida Alimony Law Updates

Current Status: As the 2023 reforms (SB 1416) are relatively recent, appellate case law providing definitive interpretations is still developing. Florida courts are applying the new statutory caps and definitions in trial-level decisions. No major new alimony statutes were enacted in 2025 or 2026; therefore, the 2023 law remains the governing standard.

Florida Senate Bill 1416
Effective July 1, 2023

The Florida Alimony Reform Act. Eliminates permanent alimony, establishes a 35% cap on alimony payments based on net income difference, and sets statutory maximum durations for durational alimony based on marriage length.

Note on Developing Case Law
Post-2023 Interpretation

As SB 1416 is a recent reform, appellate case law interpreting its provisions is still developing. Florida courts are currently applying the new statutory caps and definitions in recent trial decisions.

Modifying Alimony Under 2023 Florida Law

Florida law (as amended by SB 1416) allows for modification of alimony under certain circumstances:

Grounds for Modification

Under Florida Statute § 61.14, alimony can be modified for:

A substantial and continuing change in circumstances
Remarriage of the recipient spouse
Payor's retirement at full Social Security retirement age (presumptive)
Recipient's improved earning capacity
Disability or health issues affecting earning capacity
Cohabitation of the recipient in a supportive relationship

Important 2023 Changes

Retirement: Payor reaching full retirement age creates a rebuttable presumption for modification or termination.
Adultery: Courts may now consider the financial impact of adultery when modifying awards.

Modification Process

File a Petition: Submit a Petition for Modification to the court.
Serve Notice: Legally notify the other party.
Gather Evidence: Collect documentation supporting the change.
Mediation: Most Florida courts require mediation.
Court Hearing: Present evidence to the court.

Note: Modifications are not retroactive - they only apply from the filing date forward. Never stop paying without court approval.

Florida Alimony FAQs

How does the 2023 law define short-term, moderate-term, and long-term marriages?

The 2023 alimony reform (SB 1416) established new definitions for marriage length, which determine the maximum duration for durational alimony:

  • Short-term marriage: Less than 10 years
  • Moderate-term marriage: 10 years or more, but less than 20 years
  • Long-term marriage: 20 years or more

See: Fla. Stat. § 61.08 as amended by SB 1416 (2023)

What are the types of alimony in Florida after the 2023 reform?

Florida now recognizes four types of alimony (permanent alimony was eliminated in 2023):

  • Bridge-the-Gap Alimony: Short-term support (up to 2 years) for legitimate short-term needs
  • Rehabilitative Alimony: Support while recipient obtains education/training (up to 5 years maximum)
  • Durational Alimony: Support for a set period not to exceed statutory maximums based on marriage length
  • Temporary Alimony: Support during pending divorce proceedings

See: Fla. Stat. § 61.08 as amended by SB 1416 (2023)

How does Florida determine alimony amounts under the 2023 law?

Florida's 2023 reform established a statutory cap on alimony amounts:

  • 35% Cap: Alimony cannot exceed 35% of the difference between the parties' net incomes
  • Net Income: Calculations are based on income after taxes and mandatory deductions
  • Other Factors: Courts still consider standard of living, duration, age, resources, and contributions, but the award cannot exceed the 35% cap

See: Fla. Stat. § 61.08(9) as added by SB 1416 (2023)

How does marriage length affect alimony duration after the 2023 reform?

The 2023 law establishes maximum durations for durational alimony based on new marriage-length categories:

  • Under 3 years: No durational alimony
  • 3-10 years (short-term): Maximum 50% of marriage length
  • 10-20 years (moderate-term): Maximum 60% of marriage length
  • 20+ years (long-term): Maximum 75% of marriage length
  • Permanent alimony: Eliminated for all marriage lengths

See: Fla. Stat. § 61.08(5) as amended by SB 1416 (2023)

What changed about retirement and alimony in the 2023 law?

The 2023 reform changed retirement rules significantly:

  • Presumptive Termination: When the payor reaches full Social Security retirement age, there's a rebuttable presumption for termination or reduction
  • Early Retirement: Payor may petition for modification at customary retirement age for their profession
  • Burden Shifts: Recipient must show why alimony should continue despite payor's retirement

See: Fla. Stat. § 61.14 as amended by SB 1416 (2023)

How does the 2023 law handle adultery in alimony decisions?

The 2023 reform modified how adultery can be considered:

  • Financial Impact: Courts may consider adultery if it had a financial impact on the marriage
  • Dissipation of Assets: Spending marital assets on an affair partner may affect awards
  • Not Automatic: Adultery alone without financial impact generally doesn't affect alimony
  • Burden of Proof: Party alleging adultery must prove financial impact

See: Fla. Stat. § 61.08(2) as amended by SB 1416 (2023)

Are alimony payments taxable under the 2023 Florida law?

Federal tax (2023 law): Under the Tax Cuts and Jobs Act of 2017, alimony payments are not deductible for the payor and not taxable to the recipient for divorce agreements executed after December 31, 2018.

Florida tax: Florida has no state income tax, so state tax implications do not apply.

Key considerations:

  • Pre-2019 agreements may have different tax treatment
  • Child support payments are never deductible
Can existing alimony orders be modified under the 2023 law?

The 2023 law applies to new cases filed after July 1, 2023:

  • New Cases: The law applies fully to divorces filed after July 1, 2023
  • Existing Orders: Previous alimony orders generally remain under the old law
  • Modifications: When modifying existing orders, courts may apply some new provisions (like retirement rules)
  • Retroactivity: The law is not fully retroactive to existing orders

See: SB 1416 (2023) - Effective Date and Applicability

How do county differences affect alimony under the 2023 caps?

While counties may have different practices, the 2023 law creates more uniformity:

  • Statutory Caps Apply Statewide: The 35% amount cap and duration caps apply in all counties
  • Cost of Living: Local costs may be considered but cannot justify exceeding the caps
  • Judicial Discretion: Judges have less discretion to exceed the statutory maximums

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