Florida Spousal Support Calculator
Estimate alimony under Fla. Stat. § 61.08: need and ability to pay, the 35% net-income cap, and bridge-the-gap, rehabilitative and durational limits

Under Fla. Stat. § 61.08, a court may grant alimony in the form or forms of temporary, bridge-the-gap, rehabilitative or durational alimony, as is equitable, through periodic or lump sum payments. Permanent alimony is no longer one of the available forms. The court must first make a specific factual determination whether the party seeking alimony has an actual need for it and whether the other party has the ability to pay, and the party seeking alimony has the burden of proving both (§ 61.08(2)(a)). Only then does it weigh the § 61.08(3) factors and choose a form.

The amount of durational alimony is the amount determined to be the obligee's reasonable need, or an amount not to exceed 35 percent of the difference between the parties' net incomes, whichever is less. Net income is calculated under § 61.30(2) and (3), excluding spousal support paid under a court order in the action between the parties (§ 61.08(8)(c)). In addition, an award may not leave the payor with significantly less net income than the recipient unless the court makes written findings of exceptional circumstances (§ 61.08(9)).

Temporary alimony is paid while the case is pending. Bridge-the-gap alimony helps a party move from married to single life for legitimate identifiable short-term needs, may not exceed 2 years, ends on the death of either party or the obligee's remarriage, and cannot be modified in amount or duration (§ 61.08(6)). Rehabilitative alimony requires a specific and defined plan to redevelop skills or acquire education or training, may not exceed 5 years, and can be modified or terminated for a substantial change, noncompliance with the plan, or early completion (§ 61.08(7)). Durational alimony provides economic assistance for a set period, ends on death or the obligee's remarriage, and has the limits described below (§ 61.08(8)).

Durational alimony may not be awarded after a marriage of less than 3 years, and it may not exceed 50 percent of the length of a short-term marriage, 60 percent of a moderate-term marriage, or 75 percent of a long-term marriage. There is a rebuttable presumption that a short-term marriage is under 10 years, a moderate-term marriage is 10 to 20 years, and a long-term marriage is 20 years or longer, and the length of the marriage runs from the date of marriage to the date of filing of the action (§ 61.08(5), (8)). The length of an award cannot be modified except under exceptional circumstances. In exceptional circumstances the court may extend the term by clear and convincing evidence, considering the obligee's age and employability, financial resources, disability, and caregiving for a disabled child common to the parties.

Alimony is not punishment, but § 61.08(1)(a) says the court may consider the adultery of either spouse and any resulting economic impact in determining the amount of alimony, if any, to be awarded. In practice the economic impact, such as marital money spent on an affair, is what matters. Other conduct can be raised under the catch-all factor for anything necessary for equity and justice, which must be specifically identified in written findings (§ 61.08(3)(h)).

Bridge-the-gap and durational alimony end on the death of either party or the obligee's remarriage. A court may also consider a supportive relationship under § 61.14(1)(b) or a reasonable retirement under § 61.14(1)(c)1, both of which § 61.08(3)(h) mentions. The amount of durational alimony may be modified or terminated on a substantial change in circumstances under § 61.14, but its length cannot be modified except under exceptional circumstances, and bridge-the-gap alimony is not modifiable in amount or duration.

Section 61.08(11) says the court applies the current section to all initial petitions for dissolution of marriage or support unconnected with dissolution of marriage pending or filed on or after July 1, 2023. Orders entered before that date were decided under the earlier version of the statute, which allowed permanent alimony. This calculator is not designed for those orders; ask an attorney how the current statute interacts with an older judgment.

For divorce or separation instruments executed after December 31, 2018, alimony is not deductible by the payor and not taxable income to the recipient for federal income tax purposes, under the Tax Cuts and Jobs Act of 2017. Instruments executed on or before December 31, 2018 keep the old federal treatment unless a later modification expressly adopts the new rules. Florida has no state individual income tax. Confirm your situation with a tax professional.

It follows the statute. It checks need and ability to pay from the figures you enter, caps durational alimony at the lesser of the recipient's reasonable need and 35 percent of the difference between net incomes, applies the 50, 60 or 75 percent duration limit to your marriage length (or the 2-year and 5-year limits for the other forms), and lists your answers against the § 61.08(3) factors. It also checks whether an award would leave the payor with significantly less net income than the recipient.

Reasonable need is estimated from the expenses you enter, because Florida has no formula for it. The result is an illustration, not a prediction, and a judge decides on written findings.