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How Is Durational Alimony Calculated In Florida?

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Last year, Governor Ron DeSantis signed an alimony reform bill that ended permanent alimony in Florida. The bill also changed the way that durational alimony was calculated. Today, we’re operating on a different set of rules than we were in 2023. Florida still allows for alimony to be awarded in divorce cases, but it restricts the length of time it can be awarded for. In this article, the Tampa, FL divorce lawyers at Faulkner Law Group, PLLC will discuss the recent changes to Florida’s durational alimony rules and how durational alimony is now calculated.

What is durational alimony? 

Durational alimony is a form of spousal support designed to provide economic assistance for a specific period of time. The length of time that durational alimony lasts depends on numerous factors, but most importantly, the length of the marriage.

How long does durational alimony last in Florida?

Florida law limits how long a spouse can receive durational alimony by the length of the marriage. The law provides for three categories based on how long the marriage lasted. These include:

  • Short-term marriages – Any marriage lasting under 10 years is considered a short-term marriage. In terms of short-term marriages, durational alimony can only last 50% of the length of the marriage. For example, if your marriage lasted 9 years, you would be entitled to recover durational alimony for a maximum of 4.5 years.
  • Moderate-term marriages – A moderate-term marriage is one that lasted between 10 and 20 years. The courts may award durational alimony for up to 60% of the length of the marriage. So, if the marriage lasted 15 years, the spouse would be eligible to recover alimony for 9 years.
  • Long-term marriages – A long-term marriage is one that lasted more than 20 years. In the case of a long-term marriage, durational alimony can be awarded for 75% of the length of the marriage. So, if the marriage lasted 25 years, durational alimony can be paid for a period of 18.75 years.

It’s important to understand that the courts will not automatically award someone the maximum length of durational alimony. Durational alimony can be awarded for a shorter period of time or not at all, depending on the circumstances of your case.

How is durational alimony calculated in Florida? 

Several factors are used to calculate durational alimony in Florida. These include the financial resources and incomes of both parties. The party requesting alimony must establish both that they have a need for alimony and that the paying spouse has the ability to pay for the alimony. In addition, the standard of living that the couple sustained during the marriage is a consideration when awarding durational alimony.

The amount of alimony awarded is currently capped at 35% of the difference between the parties’ net incomes.

Talk to a Tampa, FL Family Law Attorney Today 

Faulkner Law Group, PLLC represents the interests of Tampa residents who are currently pursuing a divorce, need to make a post-divorce petition, or want to draft a prenuptial agreement. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your goals right away.

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