How to Calculate Alimony in the State of Florida

Unlike child support, there is no formula to calculate alimony in the State of Florida. Alimony calculations are left up to the Court's discretion. There are rules the Court must abide by, but those rules are open to a wide interpretation. Florida Statute 61.08 is the statute that outlines the "rules" that the Court must use in determining alimony. Alimony may be granted to either party, and it may be rehabilitative or permanent. It could be a lump sum or you could pay payments---or both.



Though Florida is considered a "no fault" state, it is not a true no fault state, as the Court may consider the adultery of either spouse when determining the amount of alimony awarded. If you know you are going to be stuck paying alimony, there is an equalization formula that can be used to figure what you may possibly be ordered to pay.

Instructions

1. Add the gross income of both parties for the last year and divide the total by 2. Sample: The husband makes $50,000 per year and the wife makes $20,000 per year for a total of $70,000 per year divided by 2. The result is $35,000, which is called the equalization amount.

2. Subtract the wife's gross income from the equalization amount. Sample: $35,000 minus $20,000 equals $15,000.

3. Multiply $15,000 by a percentage anywhere between 10 and 20 percent and subtract the discount from the 15,000. You should do 3 scenarios, using 10 percent, 15 percent and 20 percent. We will use 15 percent here. Sample: $15,000 times 15 percent equals $2,250. $15,000 minus $2,250 equals $12,750.

4. Divide $12,750 by 12 months. This gives you a figure of $1,062.50, which is based on a completely fair equalization of income.

Tips & Warnings

• The Court shall consider all relevant economic factors when awarding alimony, included by not limited to: The standard of living established during the marriage, the duration of the marriage, the age, physical and emotional condition of each party, the financial resources of each party, the non-marital and marital assets and liabilities distributed to each party, and, in some cases, the amount of time it would take for one of the parties to acquire sufficient education for appropriate employment.

• The Court shall also consider the contribution of each party to the marriage, including but not limited to homemaking, child care, education and the career building of the other party, all sources of income available to either party, and "any other factor necessary to do equity and justice between the parties."

• The Court may also order the payor to procure life insurance to cover his alimony and/or child support obligation.

• Alimony may be paid through the state depository if there is also child support involved, but if there is no child support, alimony may be paid directly to your spouse.

• There is no guaranteed amount of alimony you may be ordered to pay, if any. These calculations are to be used only as a guide. These calculations are not court mandated calculations.

• If you pay your alimony late, your spouse has the right to request that the alimony be paid through the state depository, in which case, it will come directly out of your paycheck.

• This article is not to be used for or construed as legal advice. The author is not an attorney, and cannot give legal advice. Consult an attorney regarding complicated divorce matters such as alimony and child support.

Resources

• Read this Article in Spanish
• Florida Statutes Section 61.08