What is Durational Alimony in Florida and How is it Calculated?
Getting divorced in Florida? You may have questions about spousal support. Durational alimony is one of the four different types of spousal support in Florida. At the Law Office of Gale H. Moore P.A., we provide a Durational Alimony Calculator to help you get started. In this article, our Clearwater family lawyer provides a guide to durational alimony in Florida.
Durational Alimony is One of Four Types of Alimony in Florida
In 2023, our state significantly reformed its alimony (spousal support) laws. Technically, permanent alimony is no longer an officially recognized form of alimony in Pinellas County. There are now four types of alimony that can potentially be awarded by a court in a divorce case in Florida:
- Temporary;
- Bridge-the-Gap;
- Rehabilitative; and
- Durational.
Understanding Durational Alimony
Under Florida law (Florida Statutes § 61.14), durational alimony is a form of spousal support that provides economic assistance for a defined period following the dissolution of marriage rather than indefinite lifetime support. It applies only when a spouse proves a need for support and the other spouse has the ability to pay, and it may not be awarded if the marriage lasted less than three years. Florida law limits the length of durational alimony based on the duration of the marriage, typically no more than 50 percent of a short-term marriage, 60 percent of a moderate-term marriage, or 75 percent of a long-term marriage absent exceptional circumstances. If you have any questions about whether you may be required to pay (or entitled to receive) durational alimony, our Clearwater, FL divorce attorney can help.
How Durational Alimony in Florida is Calculated
Florida does not use a rigid formula to calculate durational alimony. Instead, the specific circumstances of the case will always matter. With that being said, courts do apply statutory factors under Chapter 61 to determine both amount and length. The key considerations include:
- The standard of living during the marriage;
- The length of the marriage;
- Each spouse’s income; and
- Earning spouse’s age and physical condition.
The maximum duration equals the length of the marriage for short-term marriages and no more than sixty percent of the length of a moderate-term marriage. Judges retain discretion within those limits, but every award of durational alimony must be consistent with Florida state law.
Note: In Florida, an award of durational alimony terminates automatically upon the death of either party or the remarriage of the recipient. It could also be modified if there has been a substantial and material change in circumstances. Though that is not automatic. It takes a court order.
Contact Our Clearwater, FL Durational Alimony Lawyer Today
At the Law Office of Gale H. Moore P.A., our Clearwater family lawyer has extensive experience handling alimony cases. If you have any questions about durational alimony, please contact us today for a fully confidential consultation. Our family law team is here to help. We handle alimony cases in Clearwater, Largo, and throughout the surrounding region in Pinellas County.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html
