How Do Calculations Differ For Durational Alimony vs Regular Alimony?

For decades, divorce in Florida has involved a high degree of uncertainty regarding providing a spouse with financial support, with judges having the majority of discretion to award permanent periodic alimony to a spouse that is based on a long list of subjective factors. However, a sweeping legislative overhaul in 2023 has fundamentally changed how spousal support is calculated and addressed in Florida. 

As of July 1, 2023, Florida officially terminated permanent alimony and replaced it with a more formulaic approach that is focused more on durational alimony. These changes were enacted through the Florida Statutes § 61.08, which now dictates and oversees the types of alimony that are available to divorcing spouses. This new law also states the new eligibility requirements and various factors that divorce courts must review when they are determining spousal support and the amount that will be paid to the receiving spouse.

The new laws pertaining to alimony in Florida have removed much of the guesswork that was once required, replacing vague spousal support guidelines with hard mathematical caps that are based on the length of the marriage and the difference in both parties’ incomes. Understanding these calculations is very important for anyone who is going through a divorce in Florida, as the “regular” open-ended alimony of the past has been replaced by strict durational limits, and this can impact the outcome of a divorce settlement.

The End of Permanent Alimony and the Rise of Durational Alimony

The most significant shift in Florida’s divorce law is the abolition of permanent alimony. Previously, courts could award a spouse lifetime access to alimony payments for marriages that were considered to be long-term, which typically means they lasted around 20 years or longer. In these instances, alimony payments continued until the death of either party or the remarriage of the spousal support recipient. Under the new Florida statute for alimony, durational alimony has effectively become the primary form of long-term support, but it has a cap.

Durational alimony provides financial assistance to a lesser-earning spouse for a set period of time, not for the rest of their life. Unlike the old system for spousal support in Florida, where the length of payments could be indefinite, the new law explicitly states that the maximum duration of alimony payments is dependent upon the length of the marriage. On top of that, the new statute now prohibits awarding durational alimony for marriages that ultimately lasted less than three years.

How Marriage Length Determines Alimony Duration

Under the old alimony statutes in Florida, a divorce court judge could theoretically award alimony that lasts for the same time the marriage did, or longer. The 2023 reforms to alimony introduced strict percentage caps that now limit how long a spouse can receive payments, and how much they can receive. These caps are determined by courts based on categorizing the marriage as short-term, moderate-term, or long-term. The new statutory definitions and maximum durations for spousal maintenance in Florida are as follows:

For example, in a moderate-term marriage that lasted 15 years, the court cannot award alimony to a lesser-earning spouse for longer than 9 years (60% of 15), barring exceptional circumstances. This provides a clear light at the end of the tunnel for the spouse that is ordered by the court to pay alimony, which did not exist under the previous legislation.

The New Mathematical Formula for Alimony Amounts

Beyond the length of time, the total amount of alimony provided to a spouse is now subject to a specific mathematical cap. Previously, calculations for spousal support were largely based on a subjective analysis of one spouse’s need and the other’s ability to pay them, without a hard cap on the percentage of income that can be taken.

The new legislation dictates that the amount of durational alimony in Florida is the lesser of the recipient’s reasonable need or a cap based on net income. Specifically, this means that an award of spousal support in Florida cannot exceed 35% of the difference between both parties’ net incomes.

Example Calculation For Spousal Support in Florida

To visualize how this new process differs from the old spousal support model, we have created an example 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 that can be awarded to the lower-earning spouse would be calculated as:

$6,000 (Difference) x 0.35 = $2,100 per month

Even if the lower-earning spouse claims their financial needs require receiving $3,000 per month, the statutory cap limits the award to $2,100. This formula prevents divorce scenarios where a payor is left with significantly less income than the recipient, and is aimed at making sure that it is equitable for both spouses.

Other Forms of Alimony in Florida

While durational alimony is the standard for longer spousal support, other specific types of alimony exist that can be used for shorter and more targeted purposes. These calculations can differ significantly from durational alimony because they are designed for assisting with the transition into a new life rather than long-term maintenance.

• Bridge-the-Gap Alimony: This type of spousal support in Florida is designed to help a spouse transition from married to single life, and can help cover various costs including moving costs and utility deposits. Bridge the gap alimony in Florida is strictly limited to a maximum duration of 2 years and is non-modifiable by divorce courts.

• Rehabilitative Alimony: Rehabilitative alimony in Florida is intended to help a spouse acquire education or training to become self-sufficient and allow them to earn their own income. This requires a specific rehabilitation plan and is capped under Florida law at a maximum duration of 5 years. 

• Temporary Alimony: Temporary alimony is typically awarded during the divorce proceedings to help a spouse maintain the status quo until the final divorce judgment is issued. 

Conclusion

The shift from discretionary alimony under Florida’s old divorce laws to the strict calculations of durational alimony under new statutes marks a new era of predictability when spouses go through divorce. By capping the duration of spousal support based on marriage length, and limiting the amount that can be received to 35% of the difference in net incomes, the system now provides clearer and more equitable expectations for both parties. While the new legislation removes the possibility of lifetime support for many, it can also reduce the extreme variability that once defined alimony determinations.

If you are going through a divorce in Florida, working with an experienced and dedicated divorce attorney near you who understands the state’s updated alimony laws can make a meaningful difference in the outcome of your divorce case. Sean Smallwood stays up to date on  Florida’s evolving family law statutes and can evaluate how the new alimony rules may apply to your unique circumstances when going through the divorce process. Whether you are seeking alimony or may be required to pay it, he will work diligently to protect your best interests, advocate for a fair outcome in court, and help you move forward with confidence throughout the Florida divorce process.