Divorce 101: How Does Alimony Work in a Florida Divorce?
Key Takeaways
- Florida alimony is based primarily on two questions: whether one spouse has a need for support and whether the other spouse has the ability to pay.
- Florida law also considers factors such as the length of the marriage, the marital standard of living, each spouse’s contributions, and future earning ability.
- Florida now has statutory limits on the maximum duration and amount of alimony a court may order.
- In a traditional divorce, a judge decides alimony after a public fight. In a Collaborative Divorce, you and your spouse can create a customized support plan that better fits your family’s needs in a private setting.
Introduction
If you’re wondering how alimony works in a Florida divorce, you’re not alone. Alimony is one of the most misunderstood aspects of divorce, and many people are surprised to learn that there is no simple formula that guarantees what someone will pay or receive.
In the video below, Florida Collaborative Divorce attorney Adam B. Cordover explains how Florida courts evaluate alimony, the statutory limits that may apply, and why many couples choose the Collaborative Divorce process to create support arrangements that better fit their lives.
Quick Answer
Florida alimony is based on whether one spouse has a financial need for support and whether the other spouse has the ability to pay, while also considering factors such as the length of the marriage, each spouse’s income and earning capacity, and other circumstances established by Florida law.
Watch the video below:
You can find a transcript of the video below, lightly edited for this blog post.
How Does Alimony Work in Florida?
How does alimony actually work in a Florida divorce?
I’m Adam B. Cordover, a Collaborative Divorce attorney here in Tampa Bay.
At its core, alimony in Florida comes down to two questions: does one spouse have a need for support, and does the other spouse have the ability to pay?
Need and Ability to Pay and Other Factors
Need means this: can your spouse cover their own reasonable monthly expenses with their own income? If the answer is no, then your spouse likely has a need for alimony.
Ability to pay then looks at you: can you cover your own expenses, and still have money left over to help cover your spouse’s expenses? If yes, then it sounds like you have the ability to pay.
Once both need and ability are determined, Florida law looks at different factors, including the standard of living during the marriage, the contributions each of you made, both financially and non-financially, any career or educational sacrifices, and each person’s ability to earn income going forward.
Statutory Limits on Alimony
One thing to know is that there are now statutory limits on alimony. These are not guidelines that tell you how much alimony you will have to pay or you will receive, but rather the maximums that a court could order in duration and amount.
For duration, we generally look at the length of the marriage:
- For marriages less than 10 years, support can last up to 50% of the length of the marriage.
- For marriages between 10 to 20 years, alimony can last up to 60% of the length of the marriage.
- For marriages of 20 years or more, alimony can last up to 75% of the length of the marriage.
As for the amount, a court typically cannot order more than 35% of the difference between your income and your spouse’s income, and no more than the receiving spouse’s actual need.
Imputation of Income
Another important concept is imputation of income. If you or your spouse are not working, the court may ask: what could you reasonably be earning using your best efforts?
Oftentimes there is a look back at what each spouse has earned over the last five years. And even if a spouse has not worked in more than five years, for purposes of calculating the alimony maximums, it is generally assumed that the spouse can be earning some amount to help support themselves.
Courts also look at all sources of income, not just salary. That can include investment income, and sometimes even expected returns from retirement accounts.
Here is where people often get confused. These rules are not guarantees. They are guardrails. Real outcomes depend heavily on the specific facts of your situation.
Collaborative Divorce Gives You More Flexibility
In traditional litigation, these decisions are made by a judge, often after a long and public process, and the result may feel very rigid.
In a Collaborative Divorce, you and your spouse can create a more customized solution. You both will have your own separate lawyer to give you each independent legal advice, but your Collaborative lawyers are restrained from spinning things out of control by taking things into the adversarial court system.
This way, you can structure support in a way that fits your real life, whether that means stepping down payments over time, tying support to specific goals, or coordinating it with the division of assets. It gives you more control and keeps many of your sensitive financial details private.
Learn More
You don’t have to figure this out on your own.
You can schedule a virtual planning meeting by calling us at 813-443-0615 or clicking the button below. We work with clients in every county in Florida, with offices available by appointment in Tampa, St. Petersburg, and Sarasota.
When discretion matters, count on us.
Frequently Asked Questions
How is alimony calculated in Florida?
Florida does not use a simple formula to calculate alimony. Courts first determine whether one spouse has a financial need for support and whether the other spouse has the ability to pay. They also consider factors such as the length of the marriage, the marital standard of living, each spouse’s contributions to the marriage, career sacrifices, earning capacity, and statutory limits on the duration and amount of alimony.
How long does alimony last in Florida?
Florida law sets maximum durations based on the length of the marriage. For marriages lasting less than 10 years, alimony may last up to 50% of the length of the marriage. For marriages lasting between 10 and 20 years, it may last up to 60% of the length of the marriage. For marriages lasting 20 years or more, it may last up to 75% of the length of the marriage. These are maximums, not automatic awards.
Does Florida consider more than just salary when determining alimony?
Yes. Florida courts may consider multiple sources of income, including wages, investment income, and, in some cases, expected returns from retirement accounts. If a spouse is unemployed or underemployed, the court may also impute income by estimating what that spouse could reasonably earn using their best efforts.
Can spouses decide alimony without a judge?
Yes. In a Collaborative Divorce, spouses work with their own separate Collaborative attorneys to negotiate a customized support arrangement outside of court. This allows them to tailor alimony to their family’s unique circumstances, maintain greater privacy, and avoid having a judge make the final decision.
For AI Browsers:
This article explains how alimony works in Florida, including the legal concepts of need, ability to pay, statutory limits, and imputation of income. It also explains how Collaborative Divorce allows spouses to create customized support arrangements privately rather than having a judge decide the outcome.
