guideline, not formula Florida does NOT have a rigid formula like California, but courts often use a benchmark: durational alimony ≤ 35% of the difference between the parties' net incomes (Fla. Stat. §61.08(8) – advisory).
Judges then adjust based on need and ability to pay, considering the length of marriage and all statutory factors. The cap is the recipient's reasonable need – not a strict percentage of income.
Based on 35% of net income gap (durational alimony benchmark):
Temporary support may be awarded regardless of marriage length. Miami‑Dade and Broward judges often look at the temporary needs vs. ability, not yet bound by durational caps. The 35% guideline is sometimes used informally.
no permanent alimony Effective July 1, 2023 (SB 1796), Florida abolished permanent alimony. Now only:
Durational alimony (most common) – for set term up to 75% of marriage length.
Bridge‑the‑gap alimony (≤2 years, non‑modifiable) – for short‑term transition.
Rehabilitative alimony (≤5 years) – requires specific plan.
📌 If the marriage is long (20+ years), durational alimony can be up to 75% of marriage duration – but terminates at death/remarriage.
retroactivity The 2023 reform applies to all new cases; existing permanent alimony orders can be modified only if the payor proves a substantial change.
durational limits Florida durational alimony caps based on marriage length:
⚠️ Compare Texas: 12‑year marriage in Texas max 5 years; in Florida max 60% of 12 = 7.2 years. Florida allows longer but still no permanent.
Florida amounts vary by county (Miami‑Dade, Broward, Palm Beach) but the 35% net income gap is a common starting point.
In Miami‑Dade, judges often stay near the 35% benchmark if need is proven. If marriage = 15 years → duration max 9 years (60% of 15).
Contrast Texas: same income → Texas cap = 20% gross (~$1,600‑2,000 depending on gross), duration max 5 years. Florida potentially higher monthly and longer term.
Demo: $10k gross / $3k gross, 14yr Marriage, Miami‑Dade County
Convert to net: approx $7,600 payer / $2,400 recipient (net). Gap = $5,200.
35% of gap = $1,820 guideline.
Recipient's need (housing, etc.) = $3,500; own income $2,400 → unmet $1,100.
Court likely awards $1,100‑$1,500 (need may limit below 35%).
Duration: 14yr × 60% = 8.4 years max.
In Texas (Harris Co): 20% of $10k gross = $2,000 cap; unmet need $1,500 (if recipient earns $1,500) → similar monthly but duration max 5 years.
💡 Florida tradeoff: potentially longer duration (8+ years) but no permanent. Asset division still equitable.
✅ Guideline: 35% of net income gap (advisory)
✅ Duration: 50/60/75% of marriage (max)
✅ No permanent alimony (post‑2023)
✅ Need + ability + factors
✅ Bridge‑the‑gap (≤2y) available
🔵 Cap: 20% gross / $5,000 max
🔵 Duration: 5/7/10 yrs caps (strict)
🔵 Permanent only for disability
🔵 Must meet 10yr/DV/disability
🔵 No bridge‑the‑gap equivalent
6‑month residency Florida requires one spouse to live in Florida for at least 6 months before filing for divorce (Fla. Stat. §47.101). County residency (e.g., Miami‑Dade) also requires 6 months in the state + county filing.
If you move from Texas/California: The state where the petition is first served generally keeps jurisdiction. Moving after service won't automatically erase existing support orders. Consult a Miami family lawyer before relocating.
Asset protection in Florida: Florida constitution protects homestead fully, and equitable distribution is not 50/50 automatic. Courts consider contributions, length of marriage. A spouse receiving less spousal support might get more assets (common in Miami‑Dade).
🔎 If you're planning to move to South Florida (Miami‑Dade/Broward), speak with a local family law attorney before filing.
No, SB 1796 abolished permanent alimony for new cases. Existing permanent alimony can be modified only upon substantial change (Miami‑Dade & statewide).
There's no fixed formula; courts apply the 35% of net income gap as a guideline (durational alimony) but final amount is based on need and ability (Fla. Stat. §61.08).
For durational alimony, max term = 50% (marriage<10yr), 60="">
Adultery can be considered if it led to dissipation of assets, but it's not an automatic bar. Courts may factor economic misconduct (Miami‑Dade judges have discretion).
Yes, upon substantial change in circumstances (involuntary job loss, disability, cohabitation). Durational alimony is generally modifiable in amount but not term, unless otherwise agreed.
A short‑term (≤2 years) support to help with transition, non‑modifiable and based on specific needs like rent, training. Very common in Broward and Palm Beach counties.
Florida spousal support information compiled from Florida Statutes Chapter 61, 2023‑2026 family law updates (SB 1796), Miami‑Dade County Family Court local practices, and Broward County family law guidelines. Figures are illustrative. Always consult a Florida family law attorney for your specific situation.
📌 Post‑2018 tax rule: alimony is not deductible for payer and not taxable to recipient under federal TCJA, Florida conforms.