Alimony and Calculation for Alimony

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overview - length of marriage - employment
age - standard of living marital contribution - assets - income - fairness

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.

 

Calculation of alimony payments is done by examining incomes and available assets. You can have the same set of facts and get 10 different decisions in 10 different courts. Some states have alimony guidelines - providing a specific alimony calculator, 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.

Click on each factor to see for yourself how a judge decides on alimony, why alimony is ordered, and factors that go into raising or stopping alimony.

Questions and Answers 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.

Selected Text from the Florida Alimony Statutes

 § 61.08.Alimony
(1)In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be rehabilitative or permanent in nature. In any award of alimony, the court may order periodic payments or payments in lump sum or both.

The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded. In all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony.

(2)In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to:

(a)The standard of living established during the marriage.

(b)The duration of the marriage.

(c)The age and the physical and emotional condition of each party.

(d)The financial resources of each party, the non-marital and the marital assets and liabilities distributed to each.

(e)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) All sources of income available to either party. The court may consider any other factor necessary to do equity and justice between the parties.

(3)To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets which may be suitable for that purpose.

§ 61.09. Alimony and child support unconnected with dissolution

If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails to do so, the spouse who is not receiving support or who has custody of the child or with whom the child has primary residence may apply to the court for alimony and for support for the child without seeking dissolution of marriage, and the court shall enter an order as it deems just and proper.

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. CONTACT US NOW or call 800-469-3486

    

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