Calculating Durational Alimony In Florida In 2024

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. Read on to learn more about how durational alimony will be calculated from here on out.

What is Durational Alimony? 

Durational alimony is a type of spousal support that is designed to provide financial assistance to a lesser earning spouse after divorce, but only for a limited period of time. The length of such an award will depend on the specific circumstances of the divorce, including how much the parties earn, their expenses, and the duration of the marriage.

Durational Alimony is Limited Based on the Length of the Marriage 

One of the most important driving factors in determining the length of an alimony award is the duration of a couple’s marriage. Under Florida law, marriages fall under one of three categories:

• Short-term marriages, which last less than ten years;
• Moderate-term marriages, which last between ten and 20 years; and
• Long-term marriages, which last 20 years or longer.

Whether a marriage is classified as short-term, moderate-term, or long-term will largely dictate the length of a durational alimony award, as there are specific limits for each type of marriage. Durational alimony awards for a short-term marriage, for instance, cannot last longer than 50 percent of the length of the marriage. Similarly, durational alimony is limited to 60 percent of the length of a moderate-term marriage and 75 percent of a long-term marriage. It’s also important to remember that while Florida law provides a maximum amount of time for which durational alimony can be awarded, it is also possible for a judge to issue an award for a much shorter period of time. In fact, there is no guarantee that durational alimony will be awarded at all.

Considering the Parties’ Financial Resources When Calculating Durational Alimony 

Besides the length of the marriage, courts will also take into consideration the parties’ financial resources and incomes when coming up with the amount of a durational alimony award. Judges will assess the recipient’s reasonable needs based on both parties’ incomes and expenses, as well as the standard of living enjoyed during the marriage. There are also, however, limits on the amounts of these awards. For instance, durational alimony awards are now capped at 35 percent of the difference between two former spouse’s net incomes.

Call Our Office to Schedule an Initial Consultation Today 

The changes made by Florida lawmakers last year to the state’s alimony laws will have important implications for divorcing couples in the coming years. To learn more about how these new standards could affect your own rights to or obligations regarding alimony, please don’t hesitate to reach out to experienced Fort Lauderdale alimony lawyer Sandra Bonfiglio, P.A. at 954-945-7591 today. You can also set up a meeting with our legal team via online message.

Sources: 

jacksonville.com/story/news/politics/2023/07/03/permanent-alimony-new-florida-law-change/70378477007/

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