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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 not 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:

  • May be considered as a factor affecting need and ability to pay
  • Therapy/rehabilitation costs may be considered
  • Awards must still comply with statutory caps
Adultery with financial impact? ℹ️Florida 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

Florida Professional License Rules:

  • Courts may order support during license maintenance periods
  • Continuing education costs may be factored into awards
  • Must comply with 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 under Fla. Stat. § 61.14.
  • Good Faith Requirement: Courts scrutinize whether retirement is genuine or an attempt to avoid support. The payor may need to prove retirement is in "good faith."
  • Retirement Accounts: IRA/401k withdrawals may be considered as income.

See: Fla. Stat. § 61.14 and recent case law

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: Florida law no longer awards permanent alimony. Alimony is capped at 35% of the net income difference with durational limits based on marriage length. Under Woodward v. Woodward (2025), these rules apply to cases still pending on July 1, 2023. Retirement modifications now require a good-faith showing. This is an estimate only — consult a Florida family law attorney.

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 current Florida statutes. 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.

Recent Florida Alimony Case Law

Woodward v. Woodward (Florida Appellate, 2025)
Retroactive application of alimony reform to pending cases

The court reversed a permanent alimony award because the dissolution was still "pending" (including appeal) on the effective date of Florida's alimony reform. Confirmed that the current alimony caps and the prohibition on permanent alimony apply to any case not yet final as of that date.

Retirement Good-Faith Requirement (2025-2026)
Fla. Stat. § 61.14 & Recent Interpretations

Florida courts require that a payor's retirement be undertaken in "good faith" — not merely a voluntary reduction in income to avoid alimony. Simply reaching retirement age does not automatically terminate alimony; the payor may need to present evidence of genuine retirement.

Modifying Alimony Under Florida Law

Florida law allows for modification of alimony under certain circumstances:

Grounds for Modification

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

Important Developments

Retirement: Payor reaching full retirement age creates a rebuttable presumption for modification, but courts now examine whether retirement is genuine.
Adultery: Courts may consider the financial impact of adultery when modifying awards.
Pending Cases: Following Woodward v. Woodward (2025), cases still pending on July 1, 2023 are subject to current alimony caps.

Florida Alimony FAQs

What is the impact of Woodward v. Woodward (2025) on pending divorce cases?

Woodward v. Woodward (2025) held that if your divorce case was still pending (including on appeal) on July 1, 2023, the current alimony law applies — meaning permanent alimony is unavailable and the 35% cap on amount and duration caps control. This allows many pre-2023 filers to seek modification or appeal awards that included permanent alimony.

See: Woodward v. Woodward, Florida Appellate (2025)

How does the "good faith" retirement requirement affect alimony?

Under recent Florida court interpretations, a payor who reaches retirement age cannot automatically stop or reduce alimony. The payor must demonstrate that the retirement is legitimate (e.g., actual cessation of full-time employment). If the court finds the retirement is a bad-faith attempt to avoid support, alimony may continue based on earning capacity.

Fla. Stat. § 61.14 & recent case law

How does Florida define marriage length for alimony purposes?

Florida law defines marriage length categories that determine maximum alimony duration:

  • Short-term marriage: Less than 10 years (max 50% of marriage length)
  • Moderate-term marriage: 10 years or more, but less than 20 years (max 60% of marriage length)
  • Long-term marriage: 20 years or more (max 75% of marriage length)

See: Fla. Stat. § 61.08

What types of alimony are available in Florida?

Florida recognizes four types of alimony (permanent alimony is no longer awarded):

  • 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

How is the alimony amount calculated in Florida?

Florida law establishes 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, and resources, but the award cannot exceed the 35% cap

See: Fla. Stat. § 61.08(9)

Are alimony payments taxable in Florida?

Federal tax: Under federal law, 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.

Can existing alimony orders be modified under current law?

If your original case was pending on July 1, 2023, you can seek modification to apply the current caps and eliminate permanent alimony under Woodward v. Woodward (2025). For final orders before that date, the old law generally applies unless there is a substantial change in circumstances.

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