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While all children under 18 are entitled to child support in Florida, there is not always a requirement for a lower-earning spouse to receive spousal support following a divorce. When a spouse is awarded alimony, however, the amount is directly affected by the child support they receive.
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.
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.
In Florida, child support is calculated based on the income of the parents and the needs of the child(ren). Alimony, on the other hand, is determined by various factors, including the length of the marriage, the standard of living during the marriage, and the financial resources of each party.
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.
(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.
Bridge the gap alimony is designed to provide support to a spouse for a shortened duration in order to ease the transition between married life and single life. Bridge the gap alimony typically is only extended for a brief duration, is defined in duration, and ends on a specific date.
Last summer, Florida lawmakers enacted a comprehensive alimony reform bill that officially eliminated permanent alimony in the state. Going forward, durational alimony will now be the longest lasting type of spousal support that a person can receive in Florida.