Divorce is difficult for everyone involved. The last thing anyone wants is to pay too much or receive too little to maintain the comfort they had during the marriage. Our biggest priority as a premier Tampa area family law firm is to make sure everyone comes out of getting a divorce with the best agreement for everyone as possible.

Created exclusively for LaFrance Law, the calculator for Alimony in Florida uses the most current guidelines outlined in Florida State Statutes.

LaFrance Law is committed to ensuring your alimony plan is fair to both parties. Contact us now to hire a dedicated attorney who will fight for your family.

Disclaimer: In Florida, alimony is not determined by using a formula. Each case is unique and determined by applying the facts of each case to the statutory factors set forth in Section 61.08, Florida Statutes. When determining alimony, courts and attorneys will consider all of the statutory factors, however, an abbreviated analysis starts with comparing the monthly income to the expenses of the party requesting alimony to determine if there is insufficient income to meet the expenses and hence a need for alimony. If there is a need, the abbreviated analysis will then compare the monthly income to the expenses of the party requested to pay alimony to determine if there is a surplus of income after expenses are paid and hence an ability to pay alimony. The alimony calculator provided should not be relied upon to determine alimony and is not intended to represent a recommendation for alimony in any case. To obtain a more accurate idea of the alimony you can expect to receive or pay as part of a divorce you should consult with an attorney.

Florida Alimony Calculation Factors

How is alimony calculated in Florida? In order to calculate the correct alimony on a case-by-case basis, the court will look at the monthly income compared to the expenses of the party requesting alimony to determine if there are insufficient funds to meet their needs.

If the court finds that one party has a need for alimony and that the other party is able to pay it, then the court will determine which type and amount of alimony they will receive. There are several factors that help determine the best-suited alimony for each person.

Factors Determining Alimony Eligibility

Standard of living established during marriage
Duration of marriage
Current age of each person
Physical and emotional condition of each person
Financial resources of each party, including nonmarital and marital assets and liabilities
Earning capacities, education level and vocational skills of both parties
- Time necessary for either person to acquire sufficient education or training to be able to find appropriate employment if necessary
- Time spent out of the job market
Tax consequences related to alimony
All sources of income for each person
The number and ages of any children

The court may order the person that is paying the alimony to purchase or maintain a life insurance policy to secure the alimony award. This will be determined after the type of alimony is decided on, and if the court finds it necessary.

Types of Alimony in Florida

There are five types of alimony available in Florida: bridge-the-gap, rehabilitative, durational, permanent and pendente lite .

Bridge-the-gap is the only type of alimony that cannot be modified.

Rehabilitative and permanent alimony may be modified based on substantial circumstances such as change in income or employment and health related issues.

The amount of durational alimony may be modified, but the length cannot be changed except under exceptional circumstances related to a serious illness or injury or other cause for inability to make payments.

Pendente lite alimony can be awarded prior to the final divorce judgement. This is used to ensure the dependent spouse can maintain the established lifestyle until the divorce is final. It can be used to pay your mortgage, phone services, home maintenance and other needs.

For any alimony award, the payments will terminate upon death of either party or the remarriage of the person that was receiving the alimony. The award of the permanent alimony cannot leave the payor with significantly less net income than the recipient’s net income. If there is a need to adjust your alimony award, you will have to file a petition to have it changed.

There are several circumstances that will make you eligible for modifying your alimony:

Substantial, permanent change in one spouse’s income
Retirement
Inheritance
Loss of a child

Length of Marriage

The number of years you are married will determine what type of alimony the court will grant you and for how long. The length of marriage is calculated from the date your marriage was made legal to when the filing of divorce papers was approved. These lengths are all determined by the state of Florida.

Short-term marriage is lasting less than 7 years. They are eligible for durational, bridge-the-gap and rehabilitative alimony. The court would have to make written findings of exceptional circumstances, such as the ones listed above, to be granted permanent alimony.
Moderate-term marriage is between 7 and 17 years. These marriages are awarded the same options as a short-term marriage. Permanent alimony may be considered if there is convincing evidence of the need for it.
Long-term marriage is considered to be longer than 17 years. All types of alimony may be available, after the court has considered all of the alimony factors.

Calculating Income

The income that you use in your calculation factors will help determine the correct amount of alimony that you may owe or receive. In order to get an accurate estimate when calculating your income:

Use net income instead of gross income
Include retirement benefits, pensions, dividends and interest
If no income is indicated, the court must find that unemployment is voluntary or find that a spouse is voluntarily earning less to avoid working or making alimony payments
- If a spouse if unemployed to seek education to enhance their job-seeking efforts, the court will determine if this is in the best interest for supporting the alimony payments

How Alimony May Affect Florida Taxes

In 2018, it was established that alimony is not tax-deductible to the spouse that makes alimony payments; they are responsible for the income taxes. The spouse receiving the payments will not have to pay taxes on the alimony received.

Parties are not allowed to file joint tax returns for the year they are claiming the alimony to be tax-deductible, and the parties must reside at separate addresses.

If you are receiving alimony, you will need to consider your net income after your taxes so that alimony is calculated correctly to help offset a deficit in your finances.

Child Support Payments with Alimony

A high alimony payment may reduce the amount of child support needed, but it will be based on several different factors determined by the court. It is important that the start and end dates for paying alimony do not associate with any payments for the children. The IRS may consider these payments as child support instead. Either spouse can apply for child support before or after requesting alimony from the same person, as long as the court is aware of both transactions.

Florida Alimony Calculator

Free Alimony Calculator