Alimony in Florida may be awarded to one spouse when getting divorced. While there used to be no set formula under Florida law for how alimony must be calculated, the passing of SB 1416 created some more specific guidelines to be used in determining the length and amount of alimony that can be awarded. While this article has been updated, some information was written prior to SB 1416 being signed into law. A summary of the new Florida alimony laws can be found here. Use our freemaximum alimony calculator to get an idea of what alimony may be awarded in your case.
I previously worked with Pinellas Family Lawyer and had the opportunity to work directly with Kathryn and Abigail on a daily basis. I have a great deal of respect for both of them, not just as attorneys but as people. They care deeply about their clients and approach family law with professionalism, empathy, and integrity. I would confidently recommend either of them to anyone looking for a family law attorney.
Attorney Collier was tremendously helpful and knowledgeable. She definitely saved me extra steps and explained the process thoroughly. Totally recommend.
I had an excellent experience working with Abbey Walters at Pinellas Family Law. She was communicative, professional, and made things feel far less overwhelming during a very stressful situation. She explained things clearly, was organized, and I always felt like she genuinely cared about my case and my peace of mind. I’d absolutely recommend her to anyone who needs family law support in Pinellas County.
Response from the owner:Thank you for the kind words and positive review!
I am so happy I chose Pinellas Family Law to represent me in my case. Abigale Walters made everything smooth and easy. I highly recommend choosing this law firm to represent you in whatever situation you may need legal representation for.
Response from the owner:Thank you for the great review!
Attorney Kathryn Collier - Her professionalism, knowledge and dedication to her clients are truly impressive. She took the time to understand my situation and offered valuable advice. I'm grateful for her expertise and appreciate the time she took to assist me. Highly recommend! Thank you
As much as it pains me to admit, I wish I had found Katherine before my ex-husband did. I lost my modification of final judgment, but I can honestly say Katherine handled the case with class, composure, and deep insight. She truly knows her stuff.
What stood out most was not just Katherine’s expertise but also the professionalism and support shown by her legal aid, Ashley. Together, they were a steady, reliable team who provided clear guidance and an impressive level of preparation throughout the process.
Even though I love my own lawyer, I can say without hesitation that in an alternate universe, I absolutely would have chosen Katherine and her team at Pinellas Family Lawyer. They are truly remarkable advocates.
Extremely professional, as well as understanding a will to go in deal if unsure of certain things regarding documents or other things. Ashley explained things in detail an it’s very helpful.
Kathryn Collier is my attorney. She has helped me tremendously through a horrible experience. I have a ex that has tried for years to take me down. Causing damage to our children growing up. Never has tried to co parent and everything he does he turns around and makes it look like I’ve done that bad thing and then cries victim. I have reached a level of peace in my life and have a wonderful and amazing relationship with my daughter. She should grow up and be more than just an overnight and a number. She shouldn’t have to choose between her parents. Kathryn helped me choose a path that has made my daughter’s plans to become more independent possible and a parenting plan that works for both parties. she helped me and made sure my nerves were calm and made sure I understood everything before moving forward. She always made sure I was a priority. I couldn’t ask for anyone better. Patient, kind and so smart. She will forever be my go to if needed in the future.
My name is Frank R. and Pinellas family lawyer handled my case within family court and did an outstanding job. Kathryn was my main lawyer but the entire firm assisted in every way possible to support me and my case. Kathryn helped me get the results that I deserved and needed. My case involved many moving pieces and throughout it all they help me get my children and it's the greatest gift I've ever received. This team helped me get my family and that's priceless. Thank you to the entire team at Pinellas family lawyer. I wouldn't go to any other lawyer.
Kathryn gave me great representation concerning my case. She was very professional and easily accessible. I highly recommend her and staff for any legal representation you may have.
Response from the owner:Thank you for the kind words and recommendation!
Catherine was amazing. She gave me so much advice and helped guide me in the right direction. I was completely lost and scared till I spoke with her. I now feel comfortable going through this process.
Response from the owner:Thanks Brian! Glad we could help.
Attorney Boyd and Attorney Collier are two of the most dedicated and professional family lawyers in Pinellas County. They will treat your case like their own and I would recommend them to anyone in need of family lawyers.
Response from the owner:Thank you for the great review!
I have come to know Roland Boyd and Kathryn Collier as professional colleagues and I can say that both are very intelligent and great lawyers. When someone asks me about a family law question, I have no hesitation to recommend that they consult with Roland, Kathryn, and Pinellas Family Lawyer!
I greatly appreciate all that Kathryn and her top notch team did to complete a rather unusual issue for me that started a very long time ago. Kathryn has a cool head, is very knowledgeable, and has a great staff. Debby and Shana were both available almost immediately whenever I had questions, and they were extremely friendly and a delight to work with. I highly recommend Kathryn's services to anyone in need of legal representation, and intend to return to her for my future needs. Robyn Porter
Roland and his team of lawyers provided exceptional legal services. I highly recommend them for anyone seeking reliable and knowledgeable legal representation.
Response from the owner:Thank you for the recommendation!
The lawyers here were very attentive and reassuring. They handled my issue every step of the way and I was very happy with the outcome. Would definitely recommend this lawyer!
Response from the owner:Happy we were able to help. Thank you for the recommendation!
I greatly appreciate all that Kathryn and her team did to get me through a difficult time (divorce). Her knowledge, friendliness, support and availability were impressive, I made the right choice and I recommend her services to anyone in need of legal representation. Peter Vlastaras
Response from the owner:Thank you for the kind words!
I reached out to PFL for a legal name change, and Kathryn Collier represented me. She was absolutely amazing in seeing that my name change was done right, and not only that she saw to it that I got it done within a certain time line, due to getting married soon, and needing everything processed and done, in order to have all I need for a marriage license. Her team is the absolute best including Shana, and Debbie being there for me anytime I had a question about the process. Thank you PFL, and anyone that needs representation I highly recommend you see them!. Thank you! Craig Breezy
When getting divorced, the award and calculation of alimony in Florida may be determined by a judge after considering the following factors listed in Florida Statute 61.08:
The standard of living established during the marriage.
The duration of the marriage.
The age and the physical and emotional condition of each party.
The financial resources of each party, including the non-marital and the marital assets and liabilities distributed to each.
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.
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.
The responsibilities each party will have with regard to any minor children they have in common.
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.
All sources of income available to either party, including income available to either party through investments of any asset held by that party.
Any other factor necessary to do equity and justice between the parties.
As you can see from the last factor, the judge can essentially look at anything they deem necessary to reach a fair and equitable decision when awarding alimony in Florida divorces.
So, how is alimony decided in a Florida divorce?
The court typically orders one of four types of alimony in Florida:
Permanent alimony (alimony that terminates upon death of either party)
Rehabilitative alimony (alimony intended to help one spouse get the proper training or skills to support themselves without the need for alimony)
Durational alimony (alimony awarded for a set period of time)
Bridge-the-gap alimony (short-term alimony of no more than 2 years intended to help one spouse transition from married to single)
There used to be no set calculation for alimony in Florida. The following methods were often used to calculate alimony in Florida and may still be used in other states. Florida law changed in 2023 to provide a more structured approach to alimony. You can find the current law and alimony calculator here.
Needs-based method. This method calculates alimony based on the needs of the spouse receiving alimony and the ability of the other spouse to pay the alimony. The court will consider the spouses’ income, expenses, and other factors to determine how much alimony is needed to maintain a similar standard of living as was enjoyed during the marriage.
The needs-based method is often used when calculating alimony in Florida because it is considered to be one of the fairest ways to calculate alimony. The needs-based method takes into account the financial situation of both spouses and helps ensure that the spouse receiving alimony in Florida is able to maintain a similar standard of living after divorce as they were used to during the marriage.
Another way to calculate alimony proposed by the American Academy of Matrimonial Lawyers was:
“The amount is [to] be calculated by taking 30 percent of the payor’s gross income minus 20 percent of the payee’s gross income. The additional limitation is that the alimony amount, so calculated, when added to the gross income of the payee, shall not result in the recipient receiving in excess of 40 percent of the combined gross income of the parties.”
While these may be helpful guideline for calculating alimony in Florida, they are not rigidly followed by judges and may be deviated from depending on each husband’s or wife’s situation. Additionally, whether alimony in Florida will be awarded at all is largely dependent on the length of the marriage. Florida law differentiates between a short-term marriage (less than 10 years), a moderate-term marriage (more than 10, but less than 20 years), and long-term marriage (longer than 20 years). The calculation of the length of the marriage begins with the date of marriage and ends the day the divorce is filed. Alimony in Florida is typically not awarded in short-term marriages unless there are extraordinary circumstances. Alimony in Florida may be awarded in moderate-term marriages, but alimony in Florida is easiest to establish in a long-term marriage (over 20 years).
Here are several things you can do to try to keep from paying alimony in Florida:
Get a pre-nuptial or post-nuptial agreement. A pre-nuptial agreement is a contract that you and your spouse sign before you get married. In a pre-nuptial agreement, spouses can agree to waive their right to alimony. A post-nuptial agreement can still be signed during the marriage, however you should seek a qualified family law attorney to help ensure your agreement is prepared properly so as to avoid getting it thrown out when the time comes to enforce the agreement.
Try to negotiate zero alimony or a lower alimony amount. If no pre-nuptial agreement exists you may try to negotiate paying a lump sum in exchange for not paying continuing alimony. You may argue that you are not able to afford to pay alimony, or that the amount of alimony is not necessary for your spouse to maintain a similar standard of living.
Try to get alimony terminated. You may also try to get alimony in Florida terminated if your spouse’s financial situation has changed since the divorce. For example, if your spouse starts earning more money or gets remarried, you may ask the court to reduce or terminate your alimony obligation.
Move to a state with no permanent alimony. Some states do not allow for permanent alimony. If you are willing to move to one of these states, you may be able to avoid paying permanent alimony. Residency requirements may still apply; for instance, in Florida, one of the parties must have been a resident of the State of Florida for @ least 6 months prior to filing for divorce in Florida.
It is important to note that there is no guarantee that you will be able to avoid paying alimony in Florida. If you are not able to reach an agreement with your spouse, the court will decide how much alimony you will pay. A licensed Florida divorce attorney can help better advise you of your options regarding alimony in your divorce.
If you are considering filing for divorce, call a Pinellas Family Lawyer divorce attorney at 727-538-7741 to discuss your divorce and best understand your rights regarding alimony and division of assets.
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Pinellas Family Lawyer, PLLC, handling divorce and child custody lawsuits in Oldsmar, FL, Palm Harbor, FL, Tarpon Spring, FL, Tampa, FL, Westchase, FL, New Port Richey, FL, St. Pete, FL, Pinellas Park, FL, Dunedin, FL, Safety Harbor, FL, Clearwater, FL, Clearwater Beach, FL, Largo, FL, Belleair, FL, Madeira Beach, FL, and throughout Pinellas County, Hillsborough County, and Pasco County.
