2023 Florida Durational Alimony
Florida substantially changed alimony law, effective July 1, 2023. This Florida Durational Alimony Calculator reflects the changes to durational alimony.
The Florida Durational Alimony Calculator below calculates (1) the maximum term for an initial durational alimony award and (2) the amount of alimony that amended section 61.08, Florida Statutes, provides as a starting point.
From this starting point, in a contested divorce, a judge must consider updated “alimony factors” and consider if exceptional circumstances justify an extended term or different amount.
The 2023 Florida Durational Alimony Calculator may help your Collaborative Divorce team develop support options.
To Use The Durational Alimony Calculator:
To calculate durational alimony, enter the following information:
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- Date of Marriage.
- Date of Petition for Dissolution of Marriage or cutoff date agreed to in writing.
- Each spouse’s Monthly Net Income (as agreed to or as determined under 61.30(2) and (3), Florida Statutes.
- Each spouse’s Total Monthly Expenses (Household, Auto, Children of Both, Children Other Relationship, Insurance, Other, Creditors).
WHAT IS DURATIONAL ALIMONY?
Durational alimony is to provide a spouse with economic assistance for a set time, and:
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- May be awarded following a short (3 or more but less than 10 years), or moderate (10 or more but less than 20 years), or following a long-term marriage (20 or more years) if there is no ongoing need for support on a permanent basis.
- May not exceed the length of the marriage.
- Is a modifiable amount, based upon a substantial change in circumstances; but non-modifiable term, except under exceptional circumstances.
- Terminates upon the death of either party or the receiving person’s remarriage.
MAXIMUM TERM OF DURATIONAL ALIMONY UNDER AMENDED FLORIDA LAW
If the marriage is < 3 years, there’s no entitlement to durational alimony.
If the marriage is ≥ 3 and < 10 years, the term of durational alimony is no longer than 50 percent of the length of the marriage.
If the marriage is ≥ 10 and < 20 years, the term of durational alimony is no longer than 60 percent of the length of the marriage.
If the marriage is 20 or more years, the term of durational alimony is no longer than 75 percent of the length of the marriage.
EXCEPTIONAL CIRCUMSTANCES FOR EXTENDING THE TERM OF ALIMONY
Under the amended law, a trial judge may extend durational alimony under exceptional circumstances. To do so, the court must find by clear and convincing evidence1 that extension is necessary after reviewing the circumstances and the court must consider the extent to which:
- The receiving spouse’s age and employability limit his or her ability for self-support.
- The receiving spouse’s available financial resources limit his or her ability for self-support.
- The receiving spouse is mentally or physically disabled or has been diagnosed with a mental or physical condition that has rendered, or will render, him or her incapable of self-support.
- The receiving spouse is a caregiver to a mentally or physically disabled child common to the spouses – whether or not the child has reached majority.
AMOUNT OF DURATIONAL ALIMONY UNDER AMENDED FLORIDA LAW
The amount of durational alimony is the lesser of the seeking spouse’s actual need and 35 percent of the difference between both spouses’ net income. Net income is determined under 61.30(2) and (3), Florida Statutes.
THE INITIAL ALIMONY AMOUNT CALCULATED IS A STARTING POINT
The 2023 Florida Durational Alimony Calculator, as the amended statute does, yields an initial durational amount and maximum term of durational alimony only. Then, for spouses who can’t agree – through Collaborative Divorce, mediation, or other ways – a court must consider evidence each spouse presents about these 7 alimony factors and an eighth “catch-all” factor, under section 61.08(3), Florida Statutes:
(a) Duration of the marriage.
(b) Standard of living established during the marriage and the anticipated needs and necessities of life for each party after the entry of the final judgment.
(c) Age, physical, mental, and emotional condition of each party, including whether either party is physically or mentally disabled and the resulting impact on either the obligee’s ability to provide for his or her own needs or the obligor’s ability to pay alimony and whether such conditions are expected to be temporary or permanent.
(d) Resources and income of each party, including the income generated from both nonmarital and marital assets.
(e) Earning capacities, educational levels, vocational skills, and employability of the parties, including the ability of either party to obtain the necessary skills or education to become self-supporting or to contribute to his or her self support prior to the termination of the support, maintenance, or alimony award.
(f) Contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
(g) Responsibilities each party will have with regard to any minor children whom the parties have in common, with special consideration given to the need to care for a child with a mental or physical disability.
(h) Any other factor necessary for equity and justice between the parties, which shall be specifically identified in the written findings of fact. This may include a finding of a supportive relationship as provided for in section 61.14(1)(b), Florida Statutes or a reasonable retirement as provided for in section 61.14(1)(c)1, Florida Statutes.
FLEXIBILITY IN APPLYING ALIMONY GUIDELINES
For litigated divorces, the amendments allow a court discretion to find evidence that applying the alimony guidelines would be inequitable. The court may then depart from the guidelines. Likewise, during the Collaborative Divorce process, you and your spouse may exercise your contractual freedom to depart from the alimony guideline formulas to reach a flexible result.
COLLABORATIVE DIVORCE - CREATIVE, FLEXIBLE SUPPORT OPTIONS
Using the Collaborative Divorce Process in Florida, a Collaborative Divorce team may help you, in your Florida divorce, develop options for achieving your spouse’s and your interests. As you and your collaborative team develop and discuss financial options (including for distribution of property, spousal support, and child support) using this calculator and considering Florida’s durational alimony guidelines may help the process.
Amendments to Section 61.08(8), Florida Statutes: Durational Alimony – Term and Amount
61.08
(8)(a)(7) Durational alimony may be awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration or following a marriage of long duration if there is no ongoing need for support on a permanent basis. An award of durational alimony terminates upon the death of either party or upon the remarriage of the obligee party receiving alimony. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances in accordance with s. 61.14. Durational alimony may not be awarded following a marriage lasting less than 3 years. However, The length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage except as set forth in this subsection.
(b) An award of durational alimony may not exceed 50 percent of the length of a short-term marriage, 60 percent of the length of a moderate-term marriage, or 75 percent of the length of a long-term marriage. Under exceptional circumstances, the court may extend the term of durational alimony by a showing of clear and convincing evidence that it is necessary after application of the factors in subsection (3) and upon consideration of all of the following additional factors:
1. The extent to which the obligee’s age and employability limit the obligee’s ability for self-support, either in whole or in part.
2. The extent to which the obligee’s available financial resources limit the obligee’s ability for self-support, either in whole or in part.
3. The extent to which the obligee is mentally or physically disabled or has been diagnosed with a mental or physical condition that has rendered, or will render, him or her incapable of self-support, either in whole or in part.
4. The extent to which the obligee is the caregiver to a mentally or physically disabled child, whether or not the child has attained the age of majority, who is common to the parties. Any extension terminates upon the child no longer requiring caregiving by the obligee, or upon death of the child, unless one of the other factors in this paragraph apply.
(c) The amount of durational alimony is the amount determined to be the obligee’s reasonable need, or an amount not to exceed 35 percent of the difference between the parties’ net incomes, whichever amount is less. Net income shall be calculated in conformity with s. 61.30(2) and (3), excluding spousal support paid pursuant to a court order in the action between the parties.
Amendments to Section 61.08(3), Florida Statutes: Alimony Factors
61.08
(3) If the court finds that the a party seeking support, maintenance, or alimony has a need for it alimony or maintenance and that the other party has the ability to pay support, maintenance, or alimony or maintenance, then in determining the proper form or forms type and amount of support, maintenance, or alimony or maintenance under subsections (5)-(8), or a deviation therefrom, the court shall consider all of the following relevant factors, including, but not limited to:
(b)(a) The standard of living established during the marriage and the anticipated needs and necessities of life for each party after the entry of the final judgment.
(a)(b) The duration of the marriage.
(c) The age, and the physical, mental, and emotional condition of each party, including whether either party is physically or mentally disabled and the resulting impact on either the obligee’s ability to provide for his or her own needs or the obligor’s ability to pay alimony and whether such conditions are expected to be temporary or permanent.
(d) The financial resources and income of each party, including the income generated from both non-marital and the marital assets and liabilities distributed to each.
(e) The earning capacities, educational levels, vocational skills, and employability of the parties, including the ability of either party to obtain the necessary skills or education to become self-supporting or to contribute to his or her self support prior to the termination of the support, maintenance, or alimony award and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
(g) The responsibilities each party will have with regard to any minor children whom the parties they have in common, with special consideration given to the need to care for a child with a mental or physical disability.
(h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.
(j) Any other factor necessary for to do equity and justice between the parties, which shall be specifically identified in the written findings of fact. This may include a finding of a supportive relationship as provided for in s. 61.14(1)(b) or a reasonable retirement as provided for in s. 61.14(1)(c)1.
Committee Substitute for Senate Bill 1416: Dissolution of Marriage
Bill Text:
https://www.flsenate.gov/Session/Bill/2023/1416/BillText/c1/HTML https://www.flsenate.gov/Session/Bill/2023/1416/BillText/c1/PDF
GENERAL BILL by Fiscal Policy; Gruters
Dissolution of Marriage; Authorizing the court to consider the adultery of either spouse and any resulting economic impact in determining the amount of alimony awarded; providing a burden of proof for the party seeking support, maintenance, or alimony; removing the unanticipated change of circumstances requirement regarding modifying a parenting plan and time-sharing schedule; requiring the court to reduce or terminate support, maintenance, or alimony under certain circumstances; authorizing the court to reduce or terminate an award of support, maintenance, or alimony upon specific written findings of fact regarding the obligor’s retirement, etc.
Effective Date:
7/1/2023
Last Actions:
4/19/2023 Senate – Read Third Time. Passed YEAS 34 NAYS 6. To House Messages.
5/1/2023 House – Read 3d Time. Passed YEAS 102 NAYS 12.
5/2/2023 – Ordered Enrolled.
6/26/2023 – Signed by Officers and presented to Governor.
6/30/2023 – Signed by the Governor.
7/5/2023 – Chapter No. 2023-315.
Committee Analysis:
See April 5, 2023 Analysis of Rules Committee: here.
Footnotes
- "Clear and convincing evidence requires that the evidence must be found to be credible; the facts to which the witnesses testify must be distinctly remembered; the testimony must be precise and explicit and the witnesses must be lacking in confusion as to the facts in issue. The evidence must be of such weight that it produces in the mind of the trier of fact a firm belief [or] conviction, without hesitancy, as to the truth of the allegation[s] sought to be established." State v. Mischler, 488 So. 2d 523, 525 (Fla. 1986) (quoting Slomowitz v. Walker, 429 So.2d 797, 800 (Fla. 4th DCA 1983)). See also Lee County v. Sunbelt Equities, 619 So. 2d 996, 1006 n. 13 (Fla. 2d DCA 1993); Dufour v. State, 69 So. 3d 235 (Fla. 2011); In re Adoption of Baby EAW, 658 So. 2d 961, 967 (Fla.1995); Gardi v. Gardi, 322 So. 3d 679 (Fla. 4th DCA 2021) (J. Warner, concurring in part and dissenting in part).