How Do Calculations Differ For Durational Alimony vs Regular Alimony?
For decades, divorce in Florida involved a high degree of uncertainty regarding financial support, with judges having broad discretion to award “permanent periodic alimony” based on a long list of subjective factors. However, a sweeping legislative overhaul has fundamentally changed how spousal support is calculated. As of July 1, 2023, Florida eliminated permanent alimony and replaced it with a more formulaic approach centered on durational alimony.
The new laws have removed much of the guesswork, replacing vague guidelines with hard mathematical caps based on the length of the marriage and the difference in the parties’ incomes. Understanding these calculations is critical for anyone navigating a divorce, as the “regular” open-ended alimony of the past has been replaced by strict durational limits.
The End of Permanent Alimony and the Rise of Durational Alimony
The most significant shift in Florida’s family law landscape is the abolition of permanent alimony. Previously, courts could award lifetime support for long-term marriages, which continued until the death of either party or the remarriage of the recipient. Under the new statute, durational alimony has effectively become the primary form of long-term support.
Durational alimony provides economic assistance for a set period. Unlike the old system, where the length of payments could be indefinite, the new law explicitly ties the maximum duration of payments to the length of the marriage. Additionally, the statute now prohibits awarding durational alimony for marriages that lasted less than three years.
How Marriage Length Determines Alimony Duration
Under the old rules, a judge could theoretically award alimony for the entire length of the marriage or longer. The 2023 reforms introduced strict percentage caps that limit how long a spouse can receive payments. These caps are determined by categorizing the marriage as short-term, moderate-term, or long-term.
The new statutory definitions and maximum durations are as follows:
| Marriage Category | Length of Marriage | Maximum Alimony Duration |
|---|---|---|
| Short-Term | Less than 10 years | 50% of the length of the marriage |
| Moderate-Term | 10 to 20 years | 60% of the length of the marriage |
| Long-Term | 20 years or longer | 75% of the length of the marriage |
For example, in a moderate-term marriage of 15 years, the court cannot award alimony for longer than 9 years (60% of 15), barring exceptional circumstances. This provides a clear “light at the end of the tunnel” for the paying spouse that did not exist under the previous “regular” alimony system.
The New Mathematical Formula for Alimony Amounts
Beyond the length of time, the amount of alimony is now subject to a specific mathematical cap. Previously, calculations were largely based on a subjective analysis of one spouse’s need and the other’s ability to pay, without a hard ceiling on the percentage of income taken.
The new statute dictates that the amount of durational alimony is the lesser of the recipient’s reasonable need or a cap based on net income. Specifically, the award cannot exceed 35% of the difference between the parties’ net incomes.
Example Calculation
To visualize how this differs from the old discretionary model, consider a couple with the following financials:
- Higher Earner’s Net Income: $10,000 per month
- Lower Earner’s Net Income: $4,000 per month
- Difference in Income: $6,000
Under the 35% rule, the maximum alimony award would be calculated as:
$6,000 (Difference) x 0.35 = $2,100 per month
Even if the lower-earning spouse claims their “need” is $3,000 per month, the statutory cap limits the award to $2,100. This formula prevents scenarios where a payor is left with significantly less income than the recipient, aiming to keep the financial footing equitable.
Other Forms of Alimony
While durational alimony is the standard for longer support, other specific types of alimony exist for shorter, more targeted purposes. These calculations differ significantly from durational alimony because they are designed for transition rather than long-term maintenance.
- Bridge-the-Gap Alimony: Designed to help a spouse transition from married to single life (e.g., covering moving costs or utility deposits). This is strictly limited to a maximum duration of 2 years and is non-modifiable.
- Rehabilitative Alimony: Intended to help a spouse acquire education or training to become self-sufficient. This requires a specific rehabilitation plan and is capped at a maximum duration of 5 years.
- Temporary Alimony: Awarded during the divorce proceedings to maintain the status quo until the final judgment is issued.
Conclusion
The shift from discretionary “regular” alimony to the strict calculations of durational alimony marks a new era of predictability in Florida divorce law. By capping the duration based on marriage length (50%, 60%, or 75%) and limiting the amount to 35% of the difference in net incomes, the system now provides clearer expectations for both parties. While this removes the possibility of lifetime support for many, it also reduces the extreme variability that once defined alimony awards.
Sean Smallwood is an Orlando divorce attorney for the law firm Sean Smallwood, Orlando Divorce & Family Law P.A. where he represents clients in all areas of family law and divorce. 100% of the practice is devoted to family law. As an attorney in Orlando, he has helped many families with a wide variety of family law cases including Divorce, Child Custody, Child Support, and many other issues.