How Do Durational Alimony Calculations Differ From Regular Alimony?
Florida family law changed significantly on July 1, 2023. Permanent alimony ended in name, and durational alimony became the longest form of ongoing spousal support a court can award. If you are divorcing in Florida, this is likely the framework that will shape any long-term financial support between spouses.
What Is Durational Alimony?
Durational alimony is a type of spousal support awarded for a specific period following a divorce. It provides predictable, time-limited financial help to a spouse who needs assistance transitioning to independence. Florida’s 2023 reform made durational alimony the most common form of ongoing support, replacing permanent alimony in most cases.
Permanent Alimony vs. Durational Alimony
Under the old rules, durational alimony could last up to the full length of the marriage. That is no longer the case. The updated statute now caps duration by marriage length category:
- Short-term marriages (0 to 10 years): maximum 50 percent of the length of the marriage
- Moderate-term marriages (11 to 20 years): maximum 60 percent of the length of the marriage
- Long-term marriages (21 years or more): maximum 70 percent of the length of the marriage
Courts can go beyond these caps only in extraordinary circumstances. This is uncommon and usually tied to severe and well-documented limitations on a spouse’s ability to be self-supporting.
How Do Durational Alimony Calculations Differ From Regular Alimony?
Florida added a specific formula for the statutory maximum monthly amount, creating much-needed consistency across cases. Here is how it works:
- Calculate each spouse’s net income, meaning after taxes and deductions
- Find the difference between those two net numbers
- The maximum durational alimony is 35 percent of that difference
Example: How Durational Alimony Calculations Differ in Florida
If one spouse nets 2,000 dollars per month and the other nets 1,000 dollars per month, the difference is 1,000 dollars. The statutory maximum durational alimony is 350 dollars per month. That number represents a ceiling, not an automatic award. Judges have discretion to award less depending on the facts of the case.
What Durational Alimony Means at Mediation and Trial
Because the law provides a clear ceiling, negotiations often settle below it. If the other side demands the maximum amount for the maximum duration, there is little incentive to settle. In those cases, it can make more sense to let a judge decide rather than agree to the worst-case scenario in writing.
Where The New Durational Alimony Laws Can Feel Tight
There are some cases where the cap leaves a lower-earning spouse short, especially when both parties have modest incomes. While the statute offers predictability, it can also limit flexibility in unique financial situations. Still, the new law gives both sides a clearer sense of what to expect, which can reduce conflict during negotiations.
The Bottom Line on Durational Alimony
Durational alimony is now Florida’s workhorse form of support. With predictable caps on duration and a clear formula for calculating the maximum monthly amount, both sides can plan and budget with greater confidence. Predictability helps resolve cases faster and reduces unnecessary disputes over spousal support.
Talk to an Orlando Alimony Lawyer
If you are going through a divorce and need help understanding your alimony options, contact Sean Smallwood, P.A.. Our Orlando divorce lawyers can explain how durational alimony applies in your case and help you protect your financial future.
Frequently Asked Questions About Durational Alimony in Florida
What replaced permanent alimony in Florida?
As of July 1, 2023, Florida law eliminated permanent alimony and replaced it with durational alimony as the primary form of long-term spousal support. This change limits both the amount and duration of payments, bringing more predictability to divorce settlements.
How long does durational alimony last in Florida?
Durational alimony is capped by the length of the marriage. For short-term marriages under 10 years, it can last up to 50% of the marriage length. For marriages of 11 to 20 years, the maximum is 60%. For long-term marriages over 20 years, the limit is 75%. Judges can only exceed these caps in extraordinary circumstances.
How is durational alimony calculated in Florida?
The statute limits durational alimony to 35% of the difference between the spouses’ net monthly incomes. For example, if one spouse earns $2,000 per month and the other earns $1,000, the maximum durational alimony would be $350 per month. Courts can award less depending on need and ability to pay.
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.