How Long Does Alimony Last in Florida?
Florida durational alimony may not follow a marriage of less than 3 years and may not exceed 50 percent of a short-term marriage, 60 percent of a moderate-term marriage or 75 percent of a long-term marriage, measured from the marriage to the filing of the petition.
How the statute measures the marriage
For alimony there is a rebuttable presumption that a short-term marriage lasts less than 10 years, a moderate-term marriage between 10 and 20 years and a long-term marriage 20 years or longer. The length of a marriage is the period from the date of marriage until the date of filing of the action for dissolution (Fla. Stat. 61.08(5)).
The percentages
Durational alimony may not exceed 50 percent of the length of a short-term marriage, 60 percent of a moderate-term marriage or 75 percent of a long-term marriage, and may not follow a marriage lasting less than 3 years.
| Marriage to filing | Longest durational alimony |
|---|---|
| 2 years | No durational alimony (under 3 years) |
| 5 years | 2 years, 6 months (50%) |
| 9 years | 4 years, 6 months (50%) |
| 10 years | 6 years (60%) |
| 15 years | 9 years (60%) |
| 20 years | 15 years (75%) |
| 30 years | 22 years, 6 months (75%) |
The amount
The amount is the recipient’s reasonable need or 35 percent of the difference between the parties’ net incomes, whichever is less. Net income is calculated under the child support statute’s income and deduction rules, excluding spousal support paid under an order in the action. An award also may not leave the payor with significantly less net income than the recipient without written findings of exceptional circumstances.
Extensions
Under exceptional circumstances the court may extend durational alimony by clear and convincing evidence that it is necessary after the factors and these additional factors: the extent to which the recipient’s age and employability limit self-support; the extent to which available financial resources limit self-support; the extent to which the recipient is mentally or physically disabled or has been diagnosed with a condition making him or her incapable of self-support; and the extent to which the recipient is the caregiver to a disabled child common to the parties, whether or not an adult. An extension for caregiving ends when the child no longer needs care or dies, unless another factor applies.
Bridge-the-gap and rehabilitative
These forms have their own limits of 2 years and 5 years and can be combined with durational alimony in a single judgment. The court must explain the basis for each form and the time awarded in written findings.
Questions for the negotiation
Decide the form, the amount, the length and what events should end the award. Because the length is measured to the filing date, ask your attorney how the filing date interacts with the 10 and 20 year lines.
Try your own dates
The Florida alimony calculator applies these percentages to your dates and incomes. The length is measured to the filing date, so a filing a few months earlier or later can move a marriage across the 10 or 20 year lines.
Frequently asked questions
How is the length of a marriage measured for Florida alimony?
From the date of marriage until the date of filing of the action for dissolution.
What is a long-term marriage in Florida?
A marriage of 20 years or longer, for which durational alimony may last up to 75 percent of the length of the marriage.
How long is durational alimony for a 10-year marriage in Florida?
A 10-year marriage is moderate-term, so durational alimony may not exceed 60 percent of 10 years, or 6 years.
Can Florida durational alimony be extended?
Only in exceptional circumstances, by clear and convincing evidence, after applying the statutory factors and additional factors about age, employability, resources, disability and caregiving for a disabled child.
Is the 35 percent figure a guideline in Florida?
It is a ceiling: the durational amount is the recipient's reasonable need or 35 percent of the difference in net incomes, whichever is less.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Florida statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Florida attorney.