Florida courts use a formula based on income, but the judge has room to adjust it

Florida law starts with a mathematical calculation: the judge takes the higher-earning spouse's monthly income, subtracts the lower-earning spouse's monthly income, and multiplies that difference by 30 percent. That number is the guideline amount. But the judge can order more or less than that, or no alimony at all, depending on factors written into Florida Statute 61.08. The actual payment you see in a final judgment usually reflects both the formula and the judge's reasoning about why the specific case calls for a different amount.

The calculation applies only if the combined monthly income of both spouses is less than $10,000. If combined income exceeds $10,000, the guideline formula still applies, but the judge has even more discretion to deviate from it. This income threshold does not change automatically with inflation — it is set by state law and changes only when the legislature amends the statute.

Key Takeaways

  • The guideline formula multiplies 30 percent of the income difference by the number of months alimony will be paid, but judges can order a different amount based on nine specific factors listed in state law.
  • Income includes salary, wages, bonuses, commissions, self-employment earnings, rental income, and investment returns — not just a paycheck.
  • The length of the marriage, the age and health of each spouse, and the standard of living during the marriage all affect whether the judge stays with the guideline amount or changes it.
  • If either spouse's income changes significantly after the judgment, the person paying or receiving alimony can ask the court to modify the amount.

What counts as income for the alimony calculation

Florida courts define income broadly. It includes salary, hourly wages, bonuses, commissions, overtime, and self-employment earnings. It also includes rental income from property, income from investments, retirement account distributions, Social Security benefits, disability payments, and workers' compensation. If a spouse receives income in any form, the court usually counts it.

The court does not count child support received from another relationship, or money that is reimbursement for a business expense. Some judges exclude certain types of income if they are temporary or one-time payments, but that decision varies by judge and by the facts of each case. If you receive income in an unusual form — stock options, a signing bonus, a settlement payment — the judge will decide whether and how much of it to count.

If a spouse is unemployed or underemployed, the judge may assign income based on what that person could earn. This is called "imputing income." The judge might impute income if a spouse quit a job without good reason, or is working below their education and experience level. The judge will not impute income straightforward because a spouse could earn more — there has to be evidence that the person is deliberately avoiding work.

The nine factors judges use to adjust the guideline amount

Even though the formula gives a starting number, Florida law tells judges to consider nine specific factors and to deviate from the guideline if the factors point in that direction. These factors are: the length of the marriage; the age and physical and mental condition of each spouse; the standard of living established during the marriage; the ability of each spouse to earn income in the future; the sources and amount of income of each spouse; any contributions one spouse made to the education or career of the other; the responsibilities each spouse has for dependent children; the tax treatment of alimony payments; and any other factor the judge finds relevant.

A short marriage — usually defined as less than seven years — often results in lower alimony or alimony for a shorter time. A long marriage — usually 17 years or more — often results in higher alimony or alimony lasting longer, sometimes indefinitely. A marriage in the middle range (7 to 17 years) gives the judge more discretion.

If one spouse sacrificed education or career advancement to support the other spouse's education or career, the judge may order higher alimony to compensate. If one spouse has custody of minor children and that reduces their earning capacity, the judge may order higher alimony. If one spouse is in poor health and cannot work, the judge may order higher alimony. If both spouses have similar earning capacity and similar responsibilities, the judge may order lower alimony or none at all.

Types of alimony and how duration is set

Florida recognizes four types of alimony: temporary, rehabilitative, durational, and permanent. Temporary alimony is paid during the divorce case and stops when the judgment is entered. Rehabilitative alimony is paid for a set time while the lower-earning spouse completes education or training to increase their earning capacity. Durational alimony is paid for a set number of years. Permanent alimony is paid indefinitely, usually in long marriages where one spouse will never be self-supporting.

The judge decides which type fits the case based on the nine factors and the specific circumstances. There is no automatic rule — a 20-year marriage does not automatically mean permanent alimony, and a 5-year marriage does not automatically mean no alimony. The judge must explain the reasoning in the written judgment.

If the judge orders durational alimony, the duration cannot exceed the length of the marriage, except in a long marriage where permanent alimony is appropriate. For example, if the marriage lasted 10 years, durational alimony cannot last longer than 10 years. If the marriage lasted 20 years, the judge can order permanent alimony or durational alimony for up to 20 years.

How the judge decides between spouses with similar income

When both spouses earn similar amounts, the guideline formula produces a low number or zero. The judge still considers the nine factors. If one spouse sacrificed career opportunities to raise children or support the other spouse's education, the judge may order alimony even though the incomes are close. If both spouses have similar earning capacity and similar responsibilities, the judge may order no alimony.

The presence of minor children in the home of the lower-earning spouse often tips the decision toward alimony, because that spouse's ability to work is reduced by childcare responsibilities. The judge will look at whether the higher-earning spouse has custody or visitation, and whether that spouse pays child support, which is a separate calculation.

What happens if income changes after the judgment

Alimony judgments can be modified if there is a substantial and continuing change in the financial circumstances of either spouse. This means a change that is not temporary and that makes the current alimony amount unreasonable. A job loss, a significant raise, a serious illness, or retirement can trigger a modification request.

The person seeking the modification must file a motion in the same court that entered the original judgment and show the change in circumstances. The judge will recalculate using the new income figures and the same nine factors, and will decide whether to increase, decrease, or terminate alimony. The change in alimony usually takes effect from the date the motion is filed, not retroactively to the date the change in circumstances occurred.

If alimony is permanent, it terminates automatically if the receiving spouse remarries or if either spouse dies. If alimony is durational or rehabilitative, it terminates on the date set in the judgment, unless the paying spouse files a motion to terminate early based on changed circumstances.

How alimony interacts with child support and property division

Alimony is separate from child support. Child support is calculated using a different formula based on the number of children and the income of both parents. Alimony is based on the income difference between the spouses and the factors listed above. A judge can order both alimony and child support in the same case.

Alimony is also separate from property division. The judge divides marital property — the assets and debts accumulated during the marriage — according to Florida's equitable distribution rules. Alimony is paid in cash from one spouse to the other after the property is divided. The amount of property each spouse receives does not automatically reduce the alimony amount, but the judge may consider it as one of the nine factors.

Frequently Asked Questions

Can the judge order alimony if both spouses earn the same amount?

Yes. If the incomes are equal, the guideline formula produces zero, but the judge can still order alimony based on the nine factors. If one spouse sacrificed education or career to support the other, or if one spouse has custody of children and reduced earning capacity, the judge may order alimony even with equal incomes.

Does alimony stop if the paying spouse loses their job?

Not automatically. The paying spouse must file a motion to modify and show that the job loss is substantial and continuing. If the judge finds the loss was voluntary and without good reason, the judge may impute income based on what the spouse could earn. If the loss was involuntary, the judge may reduce or suspend alimony temporarily.

What if the receiving spouse starts earning significantly more money?

The paying spouse can file a motion to modify based on the change in the receiving spouse's income. The judge will recalculate using the new income figures and decide whether to reduce or terminate alimony. The change usually takes effect from the date the motion is filed.

Is alimony tax-deductible for the person paying it?

For divorces finalized after December 31, 2018, alimony is not tax-deductible for the paying spouse and is not taxable income for the receiving spouse. For divorces finalized before that date, the old tax rules may still explore. Consult a tax professional about your specific situation.

Can alimony be ordered in a short marriage?

Yes, though it is less common. Even in a marriage lasting a few years, the judge can order alimony if one spouse sacrificed education or career, or if there are other factors that make alimony appropriate. The judge will usually order durational alimony for a shorter period rather than permanent alimony.