Alimony Calculator – Florida
How is alimony calculated in Florida?
Currently there is no set calculation or formula in Florida. That may change soon based on current alimony legislation. Florida alimony is based on the “need” for alimony of one person and the “ability” to pay alimony on the part of the other person. There are current guidelines as to length of the marriage vs what type of alimony is appropriate. But right this moment alimony calculation is a fuzzy science.
This Alimony Calculator will help you plan your case strategy. The calculator is based on a model created by a national organization of attorneys. Florida does not have an official calculation or guide to the exact determination of alimony
This Florida Alimony Calculator will not give you an “official” figure, because Florida alimony law does not gave an official guide to alimony calculation. But it is based on an accepted national model and also lots of common sense. Our free alimony calculator will give you an excellent start on your case. You can determine likely figures on how much alimony you will receive or pay.
How Florida Courts Decide Alimony Amounts
Florida alimony law and calculations are governed by Florida statutes and also prior case decisions by appellate courts. There is no absolute standard for calculating alimony in Florida. But the statutes does contain a list of factors every judge must take into account when deciding an alimony case. Any final judgment providing alimony must list the factors and show some sort of reasoning directed at each factor.
(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.
(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
(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 they have in common.
(h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.
(j) Any other factor necessary to do equity and justice between the parties.
When a Modification of Alimony is Necessary
Your divorce is final and you think that alimony payments are going to go on forever and a day. Not so: There are many instances that could result in the need to request a modification of alimony. While most people believe that these modifications can only occur when the receiving partner gets married again, this simply is not in line with the facts.
- Cohabitation – if you believe your spouse is living with another person and is involved in a relationship, you may apply to have your alimony payments modified. In fact, the court will review all of the particulars of the relationship to determine cohabitation and may reduce payments accordingly
- New income – when your ex-spouse returns to work, there may be a possibility to request a modification of your alimony payments. The courts in Florida believe no spouse should have a financial advantage due to alimony payments insofar as the spouse receiving alimony shall not have a significant financial advantage
- Retirement – one of the little known reasons for requesting a modification is retirement. If you were married for more than ten (10) years, your spouse may be entitled to have your earnings considered as part of their social security payments. In many cases, the court will consider modifying your alimony order because of this “boost” in the recipients income. Keep in mind your ex-spouse’s ability to use your income to boost their social security does not reduce your payments
- Children gone from home – once your children have grown and moved away from the home of your spouse, their expenses will drop significantly. Provided the overall change in expenses is in excess of $25 the court may consider reducing support payments
- Home is paid off – another possible reason to have request a modification of alimony is when a mortgage is paid off. After all, the spouse receiving alimony payments now has significantly more disposable income
Alimony does not have to be a life sentence, even if it feels like it will turn out that way. If you understand the rules about alimony modification, you may be able to reduce or eliminate your payments completely.