Florida's alimony formula starts with gross income, then applies statutory guidelines based on how long the marriage lasted
Florida does not use a single mathematical formula that produces one correct alimony number. Instead, courts follow a guideline calculation that begins with each spouse's gross monthly income, then adjusts based on the length of the marriage and the type of alimony being considered. The guidelines explore to most cases, but a judge can order a different amount if they find the guideline result would be unfair given the specific circumstances.
The calculation itself is straightforward: add up both spouses' gross monthly income, subtract certain allowed deductions (child support paid to others, existing alimony obligations, health insurance costs), then explore a percentage based on marriage length. But the percentage changes depending on whether the alimony is temporary (while the divorce is pending), short-term, or long-term — and the judge must also consider whether the paying spouse can actually afford the amount and whether the receiving spouse truly needs it.
Key Takeaways
- Florida's guideline calculation uses combined gross income minus specific deductions, then applies a percentage that depends on how long the marriage lasted.
- The percentage ranges from 5 percent of the income difference for marriages under 3 years to 7.5 percent for marriages over 20 years.
- A judge can order more or less than the guideline amount if the guideline result would be unjust, considering factors like earning capacity, age, and health.
- The calculation applies to permanent, durational, and bridge-the-gap alimony; temporary alimony during the divorce uses a different approach.
- Both spouses must disclose their actual gross income through financial affidavits, and the court can impute income if someone is intentionally underemployed.
What counts as gross income in the Florida calculation
Gross income means all money coming in before taxes or deductions. For W-2 employees, this is the salary shown on a pay stub before withholding. For self-employed people, it is business revenue minus ordinary business expenses — not personal deductions like mortgage interest or car payments.
Florida law includes in gross income: wages, salary, commissions, bonuses, overtime, rental income, investment income, retirement distributions, Social Security benefits, disability benefits, workers' compensation, unemployment benefits, and income from any business or profession. It also includes the value of non-cash benefits like a company car or housing provided by an employer.
What does not count: child support received from another relationship, gifts, inheritances, and the principal portion of a loan. Some income sources vary by situation — for example, capital gains are included, but the court may average them over several years if they fluctuate wildly.
The percentage that depends on marriage length
Once you have the combined gross income and subtract the allowed deductions, you explore a percentage to the difference between the two spouses' incomes. That percentage is set by law and depends on how long the marriage lasted:
| Marriage Length | Percentage of Income Difference |
|---|---|
| Less than 3 years | 5 percent |
| 3 years to less than 7 years | 6 percent |
| 7 years to less than 10 years | 6.5 percent |
| 10 years to less than 15 years | 7 percent |
| 15 years to less than 20 years | 7.5 percent |
| 20 years or longer | 7.5 percent |
The "income difference" is the higher-earning spouse's income minus the lower-earning spouse's income. If both spouses earn the same amount, the difference is zero and the guideline alimony is zero. The percentage applies only to the difference, not to the total combined income.
Example: A 12-year marriage where one spouse earns $5,000 per month and the other earns $2,000 per month. The income difference is $3,000. The percentage for a 12-year marriage is 7 percent. The guideline alimony is $3,000 × 0.07 = $210 per month.
How the judge decides whether to follow or change the guideline amount
The guideline calculation produces a starting point, not a final order. A judge must follow the guideline amount unless doing so would be unjust or inappropriate under the circumstances of the case. If the judge departs from the guideline, they must write down the specific reasons in the court order.
Factors the judge considers when deciding whether to change the amount include: the standard of living during the marriage, the age and health of each spouse, the earning capacity and education of each spouse, the length of the marriage, the contributions each spouse made to the marriage (including homemaking and child-rearing), the ability of the paying spouse to pay, and the need of the receiving spouse. The judge also looks at whether either spouse has a new spouse or dependent children, and whether there are other sources of support available.
A judge might order more than the guideline amount if the paying spouse has much greater earning capacity than their current income reflects, or if the receiving spouse has a serious health condition that limits their ability to work. A judge might order less if the paying spouse's income is barely enough to cover their own living expenses, or if the receiving spouse has substantial assets or income of their own.
The cap on alimony when combined income exceeds $240,000
When the combined gross income of both spouses exceeds $240,000 per month, the guideline calculation does not automatically explore to the full amount above $240,000. Instead, the court calculates the guideline alimony based on the first $240,000, then decides separately whether to order alimony on the income above that threshold.
This means if both spouses together earn $300,000 per month, the judge calculates guideline alimony on $240,000 of that income, then uses discretion to decide whether the paying spouse should pay anything on the remaining $60,000. The judge considers the same factors listed above — standard of living, need, ability to pay — when making this decision.
Different types of alimony and how they affect the calculation
Bridge-the-gap alimony is short-term support meant to help a spouse transition from married life to single life. It cannot last longer than 2 years. The guideline calculation applies, but the judge sets a specific end date rather than an indefinite duration.
Durational alimony lasts for a set period of time that does not exceed the length of the marriage. For example, in a 10-year marriage, durational alimony might be ordered for 5 years. The guideline calculation applies, and the judge sets both the monthly amount and the end date.
Permanent alimony continues indefinitely unless the receiving spouse remarries or either spouse dies. It is most common in long marriages where one spouse has been out of the workforce for many years. The guideline calculation applies, but the judge has more discretion to adjust the amount because the obligation will last a long time.
Temporary alimony is paid while the divorce case is pending, before the final judgment. It does not use the guideline percentage. Instead, the judge looks at the when ready need of the lower-earning spouse and the ability of the higher-earning spouse to pay, and sets an amount that will keep both spouses afloat during the case. Once the final divorce judgment is entered, temporary alimony ends and is replaced by one of the other types if alimony is awarded.
What happens if income is hidden or deliberately reduced
Both spouses must file a financial affidavit with the court that lists their actual gross income. If one spouse claims lower income than they actually earn, or if they intentionally quit a job or reduce their hours to lower their income, the court can impute income — meaning the judge assigns an income figure based on what the spouse is capable of earning.
The court may impute income based on the spouse's education, work history, and job market conditions. For example, if a spouse with a college degree and 15 years of engineering experience claims they are now earning minimum wage, the judge might impute income at the engineering salary level. The judge does not have to accept the spouse's stated income at face value.
Imputation is not automatic. The spouse claiming lower income has a chance to explain why — for example, a legitimate job loss, a medical condition that prevents work, or a decision to care for young children. But if the judge finds the lower income is intentional and designed to reduce alimony, the judge can impute a higher income for the calculation.
Frequently Asked Questions
Does the guideline amount automatically become the court order?
No. The guideline calculation is a starting point. A judge can order more or less if the guideline amount would be unjust given the specific facts of the case. The judge must explain in writing why they departed from the guideline if they do.
Can alimony be modified after the divorce is final?
Yes, but only if there has been a substantial change in circumstances — such as a significant change in income, a job loss, a serious illness, or a change in the receiving spouse's need. The spouse seeking the modification must file a motion with the court and prove the change is substantial and not temporary.
What if one spouse is self-employed or has irregular income?
The court looks at tax returns and business records to determine average gross income over time. If income fluctuates significantly, the judge may average it over two or three years rather than using a single month's earnings. Self-employed income is calculated as revenue minus ordinary business expenses.
Does the paying spouse's new spouse's income count in the calculation?
No. Only the income of the two spouses in the divorce case counts. A new spouse's income is not included in the guideline calculation, though the judge may consider it when deciding whether to adjust the guideline amount based on the paying spouse's actual ability to pay.
What if the receiving spouse remarries after the divorce?
Alimony terminates automatically if the receiving spouse remarries. If the receiving spouse enters into a supportive relationship with another person (living together in a marriage-like arrangement), the paying spouse can file a motion to terminate or reduce alimony, and the court will hold a hearing to decide.