Alimony Determination & Calculation

The most important factor for alimony is how long you were married.  As the length of the marriage increases, alimony is more likely.  But all of the other factors must also support an alimony judgment.  The time is counted from your marriage date until the date of the divorce petition.

probability you will pay or receive alimony – by number of years married
4 years	7 years	10 years	12 years	17 years
not likely	slightly possible	very possible	probable	almost definite

Common Florida Alimony questions and answers

I have been married for 4 years and my spouse has supported me the entire time. Can I get alimony?   Very unlikely.  In a 4 year marriage, Florida alimony law considers you an able-bodied adult, able to earn a living.

We have been married for 5 years and separated for several years.  If I don’t get divorced for another 5 years, can I qualify for alimony?  Again, very unlikely.  Your financial existence was separate from your spouse when you began to live apart.  You cannot milk out the length of your marriage just to prove alimony is needed.

My married is 20 years long.  Does that mean I will definitely receive alimony?  You still need to prove your need for alimony, and your spouse’s ability to pay alimony.

If you or your spouse are seeking alimony, you must gather facts and build arguments based on the statutory factors. The Florida alimony statute requires a judge to consider certain factors, shown on our alimony puzzle. You must have provable facts supporting or denying each and every one of the factors. The most important factors are “the length of the marriage,” the need for money of one spouse, and the ability of the other spouse to pay that amount.

Alimony is unpredictable and you should never assume the judge would give alimony or refuse to give alimony. That is why you should do your best to look at the factors and gather supporting facts in your favor.

The main types of alimony are:

Permanent periodic alimony - the traditional type of alimony that continues until death or remarriage.

Rehabilitative alimony - also called “bridge the gap” – payments for a definite amount and a defined period of time. The payments allow the spouse to return to school or make other life adjustments as necessary.

Lump Sum alimony - not really a form of alimony but a way to distribute property. If the spouse that has property (such as a business) does not have a pool of cash, the court allows regular payments for a defined period of time. In rare situations, regular-support type alimony may be paid in one lump sum and referred to as lump-sum alimony in your final order.

Durational Alimony – A new type of temporary alimony.  Normally granted for a specific length of time – not to exceed the length of the marriage.

Factors a court in Florida uses to determine Alimony and the Calculation of Alimony

Current Assets of either Spouse

Equitable distribution is the legal process of dividing up the marital assets. Before alimony is considered, the assets are divided up. If the amount of money each spouse gets is more than sufficient to maintain the marital standard of living, an order for alimony would be less likely.

The Age of both Parties

The age of either spouse will answer the following questions:

Does the person who wants alimony have a long, money-earning career ahead of them? If so, the case for alimony is weakened.

Is that same person at the end of his or her career and needs alimony to live on? If so, the case for alimony is strengthened.

Does your age or your spouse’s age indicate illness or infirmity ahead? This can affect a decision either way depending on what you are trying to show the court.

Employment Prospects of You and your Spouse

Some important questions to answer are:

▪                How much do you earn AND how much can you earn

▪                Same question for your spouse

The earning capacity of either party will help determine either parties need for money or ability to pay. Physical incapacity may be used to show a lack of earning capacity. If one spouse traditionally was a stay at home parent, his or her earning capacity will be zero.

Two important terms you should be familiar with:

Voluntarily or Involuntarily underemployed: when you are involuntarily underemployed, you do not earn what you normally could. If it is truly involuntary, it is due to no fault or intentional action on your own.

A Voluntarily underemployed person has purposely arranged things where his or her income is below the normal earning capacity. When this is proven by an opposing party to a divorce the court will “impute” an income to that person.

Imputed Income: if you are voluntarily underemployed the court will impute your normal earning capacity. This means the court will choose an amount of earnings you should be making (based on available facts) and treat your case as if you are actually earning that amount. You may be ordered to pay, or be on the receiving end of support that is based on imputed income. If income is imputed – it does not matter if the income is not actually received.

What Fairness and Justice Requires

Florida statutes list a catch all phrase – the judge may consider whatever fairness and justice requires. This phrase gives the judge the most discretion. This is why alimony is the most unpredictable part of divorce.

Since fairness and justice do not have an exact definition you cannot prepare for this factor. But the statute directs judges to consider all of the factors. Since you know about and can prepare for the other factors, it is financially worth an all-out effort to prove your side of the case. Address this factor by using common sense.

Something to consider: once permanent, periodic alimony is granted, the court has the right to modify the amount now and in the future.

Current Income of either Spouse

Ability to pay of one spouse and Need of the other spouse. That is one of the most important questions and the answer is based heavily on how much each spouse earned.

A good rule of thumb: if one spouse earns twice the income of the other, the possibility of alimony is increased. Three times the salary and alimony becomes probable. Again, the other factors will always weigh into the decision.

The Total Length of your Marriage – Alimony in Tampa Bay

The most important facto r for alimony is how long you were married. As the length of the marriage increases, alimony is more likely. But all of the other factors must also support an alimony judgment. The time is counted from your marriage date until the date of the divorce petition.

Contribution of Income, Assets, or Debt

Did either spouse contribute the lion’s share of income, assets, or debt in the marriage? This factor is not as important as some but should always be addressed in your trial.

You should bring up this fact at trial only if it supports your position.

Standard of Living Experienced During the Marriage

A goal of the court is to maintain the marital standard of living for both spouses. If alimony is ordered, it should not raise the standards for the person receiving alimony at the cost of making the paying spouse poor. Alimony should equalize the financial means of both spouses. However, the spouse receiving alimony does not have a right to live a higher standard than during the marriage.

Common Florida Alimony questions and answers

Q: Does Florida have a standard for alimony calculation?

A: Florida alimony law does not set specific numbers and there is no standard for amounts

Q: I have been married for 3 years and my spouse threatened me with alimony.

A: Under Florida law, alimony is usually ordered for long term marriages – over 12-14 years long. For a short term marriage such as 3 years, alimony is rare.

Q: Can the amount of alimony payments be changed?

A: Yes. Alimony payments depend on the income of both spouses. If income significantly changes, you can seek an alimony modification.

Q: Is Alimony tax deductible?

A: Normal alimony, referred to as permanent periodic alimony is usually taxable to the recipient and deductible to the payer.

Alimony in Florida is one of the more unpredictable areas of family law. Unlike child support, there is not a guarantee of alimony, nor a set amount if alimony is granted by the court. You can have the same set of facts and get 10 different decisions in 10 different courts. Some states have alimony guidelines – but not Florida. Florida alimony statutes require the judge to consider a list of factors when deciding the issue of alimony. Each factor is shown above. Unlike other states, Florida does not embrace the concept of legal separation. That means alimony is rarely, if ever, granted unless a couple is going through the divorce process.

FAQs about Florida Alimony Law, Calculation of Alimony, and Modification of Permanent Alimony

Q: Does Florida have standard calculations for alimony payments?

A: Florida alimony law does not set specific numbers and there is no standard for amounts.

Q: I have been married for 3 years and my spouse threatened me with alimony. Should I worry?

A: Under Florida law, alimony is usually ordered for long term marriages – over 12-14 years long. For a short term marriage such as 3 years, alimony is rare.

Q: What about modification of permanent alimony?

A: Calculation of alimony payments depend on the income of both spouses. If income significantly changes, you can seek an alimony modification. Modification of permanent alimony is possible any time income is different from the original amount.

Q: Is Alimony tax deductible?

A: Normal alimony, referred to as permanent periodic alimony is usually taxable to the recipient and deductible to the payer. This is governed by the tax codes – IRC 215 Alimony.

Q: Can Adultery affect alimony?

A: In most cases no. Adultery cannot be used to increase someone’s alimony obligation. In very limited cases, adultery of a person requesting alimony can be used against them.

If you are looking for alimony information you will find tons of free information on this website. Alimony, Calculation of Alimony, and Modification of Alimony can affect your finances by hundreds of thousands of dollars.  This makes it essential that you receive the help of a good attorney.  Divorce Attorney Howard Iken personally created this website with a personal mission: to help people at this critical moment in their lives and to make the process of divorce easier, more understandable, & less intimidating.

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