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Caps on Terms of Alimony Florida's new law institutes caps on alimony terms for rehabilitative alimony and durational alimony: Rehabilitative alimony is now capped at 5 years. For marriages lasting 3 to 10 years, durational alimony can't exceed 50% of the marriage's length.
What qualifies a recipient spouse for alimony in Florida are several factors, among them: The standard of living established during the marriage. The length of the marriage. Both spouse's financial resources, including the non-marital, marital property, assets, and liabilities.
AMOUNT OF DURATIONAL ALIMONY UNDER AMENDED FLORIDA LAW The amount of durational alimony is the lesser of the seeking spouse's actual need and 35 percent of the difference between both spouses' net income. Net income is determined under 61.30(2) and (3), Florida Statutes.
(1)(a) In a proceeding for dissolution of marriage, the court may grant alimony to either party in the form or forms of temporary, bridge-the-gap, rehabilitative, or durational alimony, as is equitable. In an award of alimony, the court may order periodic or lump sum payments.
The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.
Bottom Line. Florida alimony law provides for recipients to get no more than 35% of the payer's net income. This amount may be adjusted downward based on the court's consideration of a number of factors including both parties' income and earning capacity, age, health and need to provide for minor children.
Caps on Terms of Alimony Florida's new law institutes caps on alimony terms for rehabilitative alimony and durational alimony: Rehabilitative alimony is now capped at 5 years. For marriages lasting 3 to 10 years, durational alimony can't exceed 50% of the marriage's length.
AMOUNT OF DURATIONAL ALIMONY UNDER AMENDED FLORIDA LAW The amount of durational alimony is the lesser of the seeking spouse's actual need and 35 percent of the difference between both spouses' net income. Net income is determined under 61.30(2) and (3), Florida Statutes.
Florida alimony law provides for recipients to get no more than 35% of the payer's net income. This amount may be adjusted downward based on the court's consideration of a number of factors including both parties' income and earning capacity, age, health and need to provide for minor children.
40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.