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.
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.
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.
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.
After a divorce, it's common for one spouse to make payments to the other as part of the divorce agreement. These payments can be alimony, child support or a mix of both.
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 do I do if I want alimony? You can ask for alimony as part of a divorce proceeding. If you and your spouse reach an agreement about alimony, you can ask the judge to make the agreement a part of the court order. If you cannot reach an agreement, the judge will decide whether you are entitled to alimony.
In Florida, self-sufficiency can disqualify you from receiving spousal support or alimony in Florida. If the court determines that you have the financial means or can gain employment to meet your needs of independently, you may not be eligible for alimony.