Florida Durational Alimony Calculator
  • Florida Durational Alimony Calculator

    © Copyright 2025. Law Office Eric B. Epstein, P.A. PeacefulSplit® Divorce Mediation. All rights reserved.
  • Disclaimer: The free Florida Durational Alimony Calculator is not a replacement or supplement for legal advice and should not be construed, interpreted, or relied upon as legal advice. It is provided for general informational purposes only. It is based upon information in Florida Statutes as of July 1, 2023. Do not rely on this calculator nor the calculated value as an official calculation or determination of alimony in your situation. It is possible that the date calculations may not be accurate or may be rounded up or down. The court can use or rely upon other factors in determining alimony calculations. A court may impose more, less, or no alimony. You assume all risk in using or relying upon this calculator. The Law Office of Eric B. Epstein, P.A., PeacefulSplit® Divorce Mediation, and Eric B. Epstein, Esq., do not represent or state that any of the information on this page is accurate on the date you read it or use the sample calculator. In mediation, whether or not alimony is included in the settlement and the amount, if any, of alimony, is solely determined by negotiation and agreement by the parties to the mediation. You can always consult with an attorney to discuss your situation and better understand alimony laws and how the court may handle your situation. You are advised to read and rely upon Florida statutes for specific details about alimony laws and calculations in Florida divorces. 

    See the text from portions of Florida Statutes 61.08 and Florida Statutes 61.30(2) and 61.30(3) at the bottom of this calculator (use links to view the official and current Florida Statutes website) for specific language about income determination and alimony amount and duration calculations and guidelines.

  •  / /
  •  / /
  • The Maximum Length of Time that the Court Could Award "Durational" Alimony is for (not rounded):

                            ****** {max61} Years(s) ******

    Please be aware that the Court may consider certain circumstances and factors to determine that other forms of Alimony and/or durations of Alimony are nonetheless available to you (Section 61.08, Florida Statutes, see text and link below) 
    *

  • According to Section 61.08(8)(a), "Durational alimony may not be awarded following a marriage lasting less than 3 years." Since the length of your marriage is less than 3 years, "Durational Alimony" is Not Available to you. 

    Nonetheless, the Court may consider certain circumstances and factors to determine that Alimony is potentially available to you (Section 61.08, Florida Statutes, see text and link below) 
    *

    If you would like to get an idea as to the potential amount of alimony if your marriage was at least 3 years in length, change the date of the marriage to a date corresponding to more than 3 years before today and complete the rest of the fields in this calculator.

  • The following two fields require you to enter Net Monthly Income amounts for you and your spouse.

    If there are minor children in the marriage, you and/or your spouse may have already completed the Monthly Income Forms - which will be found in the applicable Dropbox folder (see the mediation confirmation email).  You may use that as a general approximation (see Section 61.30(2) and 61.30(3), Florida Statutes).

    If there are not any minor children, you will need to do your best to estimate your and/or your spouse's Monthly Net Income (or you can try and ask them for the amount) (see Section 61.30(2) and 61.30(3), Florida Statutes).

  • ERROR: Spouse 1 Income MUST be less than Spouse 2. Please review Net Income Amounts

  • * Florida Statutes Section 61.08(8)(c) provides that "The amount of durational alimony is the amount determined to be the obligee’s reasonable need, or an amount not to exceed 35 percent of the difference between the parties’ net incomes, whichever amount is less." 

    Since a determination of "the obligee’s reasonable need" is too complex to provide for in this sample calculator, the sample calculator only shows the 35 percent calculation.  However, the actual amount of alimony according to this provision is "whichever amount is less."

  •  
  • Florida Statutes Section 61.08

    http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html

     

    61.08 Alimony.—

    (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 court may consider the adultery of either spouse and any resulting economic impact in determining the amount of alimony, if any, to be awarded.

    (b) The court shall make written findings of fact regarding the basis for awarding a form or any combination of forms of alimony, including the type of alimony and the length of time for which the alimony is awarded. The court may award a combination of forms of alimony or forms of payment, including lump sum payments, to provide greater economic assistance in order to allow the obligee to achieve self-support.

    (2)(a) In determining whether to award support, maintenance, or alimony, the court shall first make a specific, factual determination as to whether the party seeking support, maintenance, or alimony has an actual need for it and whether the other party has the ability to pay support, maintenance, or alimony. The party seeking support, maintenance, or alimony has the burden of proving his or her need for support, maintenance, or alimony and the other party’s ability to pay support, maintenance, or alimony.

    (b) When determining a support, maintenance, or alimony claim, the court shall include written findings of fact relative to the factors provided in subsection (3) supporting an award or denial of support, maintenance, or alimony, unless the denial is based upon a failure to establish a need for or ability to pay support, maintenance, or alimony.
    However, the court shall make written findings of fact as to the lack of need or lack of ability to pay in denying a request for support, maintenance, or alimony.

    (3) If the court finds that the party seeking support, maintenance, or alimony has a need for it and that the other party has the ability to pay support, maintenance, or alimony, then in determining the proper form or forms of support, maintenance, or alimony under subsections (5)-(8), or a deviation therefrom, the court shall consider all of the following relevant factors, including, but not limited to:

    (a) The duration of the marriage.

    (b) The standard of living established during the marriage and the anticipated needs and necessities of life for each party after the entry of the final judgment.

    (c) The age, physical, mental, and emotional condition of each party, including whether either party is physically or mentally disabled and the resulting impact on either the obligee’s ability to provide for his or her own needs or the obligor’s ability to pay alimony and whether such conditions are expected to be temporary or permanent.

    (d) The resources and income of each party, including the income generated from both nonmarital and marital assets.

    (e) The earning capacities, educational levels, vocational skills, and employability of the parties, including the ability of either party to obtain the necessary skills or education to become self-supporting or to contribute to his or her self-support prior to the termination of the support, maintenance, or alimony award.

    (f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

    (g) The responsibilities each party will have with regard to any minor children whom the parties have in common, with special consideration given to the need to care for a child with a mental or physical disability.

    (h) Any other factor necessary for equity and justice between the parties, which shall be specifically identified in the written findings of fact. This may include a finding of a supportive relationship as provided for in s. 61.14(1)(b) or a reasonable retirement as provided for in s. 61.14(1)(c)1.

    (4) To the extent necessary to protect an award of alimony, the court may order the obligor to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets that may be suitable for that purpose. The court must make specific findings that there are special circumstances that warrant the purchase or maintenance of a life insurance policy or a bond to secure the alimony award. If the court orders a party to purchase or maintain a life insurance policy or a bond, the court may apportion the costs of such insurance or bond to either or both parties based upon a determination of the ability of the obligee and obligor to pay such costs.

    (5) For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 10 years, a moderate term marriage is a marriage having a duration between 10 and 20 years, and a long-term marriage is a marriage having a duration of 20 years or longer. The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage.

    (6) Bridge-the-gap alimony may be awarded to provide support to a party in making the transition from being married to being single. Bridge-the-gap alimony assists a party with legitimate identifiable short-term needs. The length of an award of bridge-the-gap alimony may not exceed 2 years. An award of bridge-the-gap alimony terminates upon the death of either party or upon the remarriage of the obligee. An award of bridge-the-gap alimony is not modifiable in amount or duration.

    (7)(a) Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through either:

    1. The redevelopment of previous skills or credentials; or

    2. The acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.

    (b) In order to award rehabilitative alimony, there must be a specific and defined rehabilitative plan included as a part of any order awarding rehabilitative alimony.

    (c) The length of an award of rehabilitative alimony may not exceed 5 years.

    (d) An award of rehabilitative alimony may be modified or terminated in accordance with s. 61.14 based upon a substantial change in circumstances, upon noncompliance with the rehabilitative plan, or upon completion of the rehabilitative plan if the plan is completed before the length of the award of rehabilitative alimony expires.

    (8)(a) Durational alimony may be awarded to provide a party with economic assistance for a set period of time. An award of durational alimony terminates upon the death of either party or upon the remarriage of the obligee. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances in accordance with s. 61.14. Durational alimony may not be awarded following a marriage lasting less than 3 years. The length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage except as set forth in this subsection.

    (b) An award of durational alimony may not exceed 50 percent of the length of a short-term marriage, 60 percent of the length of a moderate-term marriage, or 75 percent of the length of a long-term marriage. Under exceptional circumstances, the court may extend the term of durational alimony by a showing of clear and convincing evidence that it is necessary after application of the factors in subsection (3) and upon consideration of all of the following additional factors:

    1. The extent to which the obligee’s age and employability limit the obligee’s ability for self-support, either in whole or in part.

    2. The extent to which the obligee’s available financial resources limit the obligee’s ability for self-support, either in whole or in part.

    3. The extent to which the obligee is mentally or physically disabled or has been diagnosed with a mental or physical condition that has rendered, or will render, him or her incapable of self-support, either in whole or in part.

    4. The extent to which the obligee is the caregiver to a mentally or physically disabled child, whether or not the child has attained the age of majority, who is common to the parties. Any extension terminates upon the child no longer requiring caregiving by the obligee, or upon death of the child, unless one of the other factors in this paragraph apply.

    (c) The amount of durational alimony is the amount determined to be the obligee’s reasonable need, or an amount not to exceed 35 percent of the difference between the parties’ net incomes, whichever amount is less. Net income shall be calculated in conformity with s. 61.30(2) and (3), excluding spousal support paid pursuant to a court order in the action between the parties.

    (9) The award of alimony may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional
    circumstances.

    (10)(a) With respect to any order requiring the payment of alimony entered on or after January 1, 1985, unless paragraph (c) or paragraph (d) applies, the court shall direct in the order that the payments of alimony be made through the appropriate depository as provided in s. 61.181.

    (b) With respect to any order requiring the payment of alimony entered before January 1, 1985, upon the subsequent appearance on or after that date of one or both parties before the court having jurisdiction for the purpose of modifying or enforcing the order or in any other proceeding related to the order or upon the application of either party, unless paragraph (c) or paragraph (d) applies, the court shall modify the terms of the order as necessary to direct that payments of alimony be made through
    the appropriate depository as provided in s. 61.181.

    (c) If there is no minor child, alimony payments need not be directed through the depository.

    (d)1. If there is a minor child of the parties and both parties so request, the court may order that alimony payments need not be directed through the depository. In this case, the order of support must provide, or be deemed to provide, that either party may subsequently apply to the depository to require that payments be made through the depository. The court shall provide a copy of the order to the depository.

    2. If subparagraph 1. applies, either party may subsequently file with the depository an affidavit alleging default or arrearages in payment and stating that the party wishes to initiate participation in the depository program. The party shall provide copies of the affidavit to the court and the other party or parties. Fifteen days after receipt of the affidavit, the depository shall notify all parties that future payments must be directed to the depository.

    3. In IV-D cases, the IV-D agency has the same rights as the obligee in requesting that payments be made through the depository.


    (11) The court shall apply this section to all initial petitions for dissolution of marriage or support unconnected with dissolution of marriage pending or filed on or after July 1, 2023.

  • Florida Statutes Section 61.30(2) and (3)

    http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html

    (2) Income shall be determined on a monthly basis for each parent as follows:

    (a) Gross income shall include, but is not limited to, the following:

    1. Salary or wages.

    2. Bonuses, commissions, allowances, overtime, tips, and other similar payments.

    3. Business income from sources such as self-employment, partnership, close corporations, and independent contracts. “Business income” means gross receipts minus ordinary and necessary expenses required to
    produce income.

    4. Disability benefits.

    5. All workers’ compensation benefits and settlements.

    6. Reemployment assistance or unemployment compensation.

    7. Pension, retirement, or annuity payments.

    8. Social security benefits.

    9. Spousal support received from a previous marriage or court ordered in the marriage before the court.

    10. Interest and dividends.

    11. Rental income, which is gross receipts minus ordinary and necessary expenses required to produce the income.

    12. Income from royalties, trusts, or estates.

    13. Reimbursed expenses or in kind payments to the extent that they reduce living expenses.

    14. Gains derived from dealings in property, unless the gain is nonrecurring.

    (b) Monthly income shall be imputed to an unemployed or underemployed parent if such unemployment or underemployment is found by the court to be voluntary on that parent’s part, absent a finding of fact by the court of
    physical or mental incapacity or other circumstances over which the parent has no control. In the event of such voluntary unemployment or underemployment, the employment potential and probable earnings level of the parent
    shall be determined based upon his or her recent work history, occupational qualifications, and prevailing earnings level in the community if such information is available. If the information concerning a parent’s income is
    unavailable, a parent fails to participate in a child support proceeding, or a parent fails to supply adequate financial information in a child support proceeding, income shall be automatically imputed to the parent and there is a
    rebuttable presumption that the parent has income equivalent to the median income of year-round full-time workers as derived from current population reports or replacement reports published by the United States Bureau of the
    Census. However, the court may refuse to impute income to a parent if the court finds it necessary for that parent to stay home with the child who is the subject of a child support calculation or as set forth below:

    1. In order for the court to impute income at an amount other than the median income of year-round full-time workers as derived from current population reports or replacement reports published by the United States
    Bureau of the Census, the court must make specific findings of fact consistent with the requirements of this paragraph. The party seeking to impute income has the burden to present competent, substantial evidence that:

    a. The unemployment or underemployment is voluntary; and

    b. Identifies the amount and source of the imputed income, through evidence of income from available employment for which the party is suitably qualified by education, experience, current licensure, or
    geographic location, with due consideration being given to the parties’ time-sharing schedule and their historical exercise of the time-sharing provided in the parenting plan or relevant order.

    2. Except as set forth in subparagraph 1., income may not be imputed based upon:

    a. Income records that are more than 5 years old at the time of the hearing or trial at which imputation is sought; or

    b. Income at a level that a party has never earned in the past, unless recently degreed, licensed, certified, relicensed, or recertified and thus qualified for, subject to geographic location, with due consideration of
    the parties’ existing time-sharing schedule and their historical exercise of the time-sharing provided in the parenting plan or relevant order.

    (c) Incarceration may not be treated as voluntary unemployment in establishing or modifying a support order. However, the court may deviate from the child support guideline amount as provided in paragraph (1)(a).

    (d) Social security benefits received by a minor child due to the retirement or disability of the child’s parent shall be included in the parent’s gross income.

    (e) Public assistance as defined in s. 409.2554 shall be excluded from gross income.
    ==================

    (3) Net income is obtained by subtracting allowable deductions from gross income. Allowable deductions shall include:

    (a) Federal, state, and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities.

    (b) Federal insurance contributions or self-employment tax.

    (c) Mandatory union dues.

    (d) Mandatory retirement payments.

    (e) Health insurance payments, excluding payments for coverage of the minor child.

    (f) Court-ordered support for other children which is actually paid.

    (g) Spousal support paid pursuant to a court order from a previous marriage or the marriage before the court.

  • Should be Empty: