Florida Alimony Calculator 2026
See the statutory ceiling on durational alimony in Florida (35% of the difference in net incomes) and the limit on its length under Fla. Stat. § 61.08. A judge decides the actual award. Everything runs privately in your browser, with no sign-up.
Not legal advice — a court decides. Florida's 2023 alimony law caps both the amount and the length of durational alimony; the judge must first find a need and an ability to pay.
Florida Alimony Formula & Factors
Florida caps durational alimony by statute. Since the 2023 reform, Florida Statutes § 61.08 recognises four forms of alimony: temporary, bridge-the-gap, rehabilitative and durational. Permanent alimony is no longer on the list. For durational alimony, subsection (8)(c) sets the amount at the recipient's reasonable need or 35 percent of the difference between the spouses' net incomes, whichever is less.
Before any award the court must find that the spouse asking has an actual need and that the other spouse has the ability to pay. It then weighs the factors in subsection (3): the length of the marriage, the standard of living, each spouse's age and health, income and resources, earning capacity and education, contributions to the marriage, and responsibility for minor children. An award may not leave the payor with significantly less net income than the recipient unless the court finds exceptional circumstances.
Net income is worked out as it is for Florida child support (section 61.30). Enter both net incomes from pay stubs or financial affidavits.
What the Illustrative Estimate Is
When the Florida rule does not cover your figures (the marriage lasted less than 3 years), this page shows an illustration instead and says so in the result. The illustration uses the reference method recommended by a commission of the American Academy of Matrimonial Lawyers (AAML) in 2007: 30% of the payor's gross income minus 20% of the recipient's gross income, limited so that the recipient ends up with no more than 40% of the couple's combined gross income. The method is set out in Mary Kay Kisthardt's article in the Journal of the American Academy of Matrimonial Lawyers (vol. 21, 2008) and summarised by Maryland's highest court in Boemio v. Boemio (2010).
The AAML method is not Florida law and Florida courts are not bound by it. It lists its own reasons to depart from the result, such as a spouse caring for a young or disabled child, age or health, or a career given up for the other spouse. It was written when alimony was still tax-deductible for the payer, and it does not apply when combined gross income is above $1,000,000 a year. Treat the figure as a starting point for a conversation with a lawyer, not as a prediction.
Florida Alimony Rules at a Glance
| Point | Florida rule | Source |
|---|---|---|
| Durational alimony amount | Recipient's reasonable need or 35% of the difference in net incomes, whichever is less | Fla. Stat. § 61.08(8)(c) |
| Marriage under 3 years | No durational alimony | Fla. Stat. § 61.08(8)(a) |
| Short-term marriage (under 10 years) | Up to 50% of the length of the marriage | Fla. Stat. § 61.08(8)(b) |
| Moderate-term marriage (10 to 20 years) | Up to 60% of the length of the marriage | Fla. Stat. § 61.08(8)(b) |
| Long-term marriage (20 years or longer) | Up to 75% of the length of the marriage | Fla. Stat. § 61.08(8)(b) |
| Bridge-the-gap / rehabilitative | Up to 2 years / up to 5 years | Fla. Stat. § 61.08(6), (7) |
| Who decides | A judge, on the evidence in the case | Fla. Stat. § 61.08 |
| Federal income tax | Not deductible by the payer and not income to the recipient for agreements executed after 2018 | IRS Topic No. 452 |
Worked Example: Florida Alimony Calculator
Take net incomes of $6,000 and $2,400 a month. The difference is $3,600, and 35% of that is $1,260 a month ($15,120 a year). Durational alimony is that figure or the recipient's reasonable need, whichever is less.
A 12-year marriage is a moderate-term marriage, so durational alimony can last for no more than 60% of 144 months = 86.4 months, or 7 years 2 months.
These are the figures the calculator shows when the page first loads. A real order depends on evidence a calculator cannot see.
Florida Alimony Duration Rules
Durational alimony may not be awarded after a marriage of less than 3 years. Otherwise it may not exceed 50% of the length of a short-term marriage (under 10 years), 60% of a moderate-term marriage (10 to 20 years) or 75% of a long-term marriage (20 years or longer), measured from the wedding to the filing of the divorce petition. A court can extend the term only in exceptional circumstances shown by clear and convincing evidence.
Bridge-the-gap alimony may not exceed 2 years and rehabilitative alimony may not exceed 5 years. Durational and bridge-the-gap alimony end when either spouse dies or the recipient remarries.
Is Alimony Taxable in Florida?
For federal income tax, alimony or separate maintenance paid under a divorce or separation agreement executed after 2018 is not deductible by the payer and is not included in the recipient's income. Payments under an agreement executed before 2019 are generally still deductible by the payer and taxable to the recipient, unless the agreement was later modified and the modification expressly adopts the new rule (IRS Topic No. 452). Child support is never deductible and is not income.
This page does not cover Florida state income tax. State rules are set separately and can differ from the federal rule, so check with the state tax agency or a tax adviser.
Modifying Florida Alimony
Whether an order can be changed depends on its wording and on the type of support. In most cases either spouse can ask the court to modify periodic payments after a substantial change in circumstances, unless the decree or the spouses' agreement makes the support non-modifiable.
Read the order itself and Fla. Stat. § 61.08 before relying on a general rule, and get advice from a family lawyer licensed in Florida about your own case. Nothing on this page is legal advice.
Last updated: October 2026. Sources: Florida Statutes § 61.08 (Florida Legislature); AAML Commission recommendations (Kisthardt, 21 J. Am. Acad. Matrim. Law. 61); IRS Topic No. 452.
Frequently Asked Questions
How is alimony calculated in Florida?
For durational alimony, Florida Statutes § 61.08(8)(c) sets the amount at the recipient's reasonable need or 35 percent of the difference between the spouses' net incomes, whichever is less. The court must first find an actual need and an ability to pay, and it weighs the factors in § 61.08(3). Bridge-the-gap and rehabilitative alimony have no percentage formula.
Does Florida use a formula for alimony?
Florida has a statutory ceiling, added in 2023: durational alimony cannot exceed 35 percent of the difference between the spouses' net incomes, and it is limited to the recipient's reasonable need when that is lower (§ 61.08(8)(c)). The statute also caps the length of the award as a share of the length of the marriage.
How long does Florida alimony last?
Durational alimony cannot be awarded after a marriage of less than 3 years. Otherwise it is capped at 50% of the length of a marriage under 10 years, 60% for 10 to 20 years and 75% for 20 years or longer (§ 61.08(8)(b)). A 12-year marriage gives a limit of 7 years 2 months. Bridge-the-gap alimony is limited to 2 years and rehabilitative alimony to 5 years. Florida no longer has permanent alimony.
Can Florida alimony be modified?
It depends on the order. In most cases either spouse can ask the court to modify periodic payments after a substantial change in circumstances, unless the decree or the spouses' agreement makes the support non-modifiable. Check the wording of your order and Fla. Stat. § 61.08 before relying on a general rule.
Is alimony taxable in Florida?
For federal income tax, alimony paid under a divorce or separation agreement executed after 2018 is not deductible by the payer and is not income to the recipient (IRS Topic No. 452). Agreements executed before 2019 generally keep the old treatment, deductible by the payer and taxable to the recipient, unless a later modification expressly adopts the new rule. This page does not cover Florida state income tax, which is set separately.