How Is Alimony Calculated in a Florida Divorce?
When alimony is awarded in a Florida divorce, how is the amount calculated? Whether you are planning to seek alimony in your divorce (and thus ultimately to receive it), or you expect that the court may order you to pay some form of alimony as part of your divorce case, it is important to understand how alimony works. You may already know that there are some people who receive “permanent” alimony in Florida, but this is no longer how the law works. Any new divorces will not involve an award of permanent alimony, and instead the duration of any alimony award will be based on the length of the marriage.
As such, there are two calculations to consider when it comes to alimony: the amount of the payment, and the duration of the alimony award for durational alimony.
Calculating the Amount of an Alimony Payment
The amount of an alimony payment will depend on the specific needs of the party receiving alimony and the ability of paying spouse’s financial resources.
For a durational alimony award (which is usually the type of alimony that is capable of lasting for the longest amount of time after the divorce), the total amount cannot be more than 35 percent of the difference between the parties’ net incomes, or the reasonable need of the party seeking alimony — whichever amount is less. Factors used to determine reasonable need include issues such as age, health, and existing financial resources.
Calculating the Duration of an Alimony Award
There are several different types of alimony that can be ordered according to the Florida Statutes, including more temporary alimony types of bridge-the-gap alimony for support from the transition out of marriage and rehabilitative alimony to allow a party to become self-supportive (and this type cannot last for more than 5 years). Durational alimony is also for a set period of time, but it can be longer than the other types of alimony depending on the length of the marriage.
To calculate the duration of a durational alimony award, the court will consider a range of factors specifically related to the parties. In a short-term marriage (fewer than 10 years), durational alimony cannot last for more than 50 percent of the marriage. For a moderate-length marriage (10-20 years of marriage), it cannot last for more than 60 percent of the length of the marriage, and 75 percent of the length of the marriage for a long-term marriage (20 years of marriage or more).
Contact a Tampa Divorce Lawyer for Help with Your Divorce Today
Whether you have questions about seeking or paying alimony, or about modifying an existing court order concerning alimony, it is important to seek legal advice. An experienced Tampa divorce attorney at The Law Office of Laura A. Olson, P.A. can speak with you today. We can answer questions you have about alimony and divorce, and we can begin working with you on your divorce as soon as you are ready. Contact our firm to learn more about how we can assist you.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html
