Contrary to some reports, Florida remains a no-fault divorce state. However, adultery and its economic impacts will now be considered in calculating alimony payments. House Bill 775 authorizes the father of a child born out of wedlock to establish paternity and makes changes to time-sharing schedules.
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.
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.
(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.
There is a rebuttable presumption for an award of permanent alimony in a long-term marriage, which is 17 years or longer. There is no presumption for or against permanent alimony in a moderate-term marriage, which is a marriage greater than 7 years but less than 17 years.