Blog

Need and Ability to Pay Alimony in the Orlando, Florida Area

When determining alimony, the two main factors are need and ability to pay. The amount of alimony cannot exceed the payor’s spouse’s ability to pay. The court must make a specific factual finding of the payor spouse’s ability to pay alimony. This must be made under section 61.08(2), Florida Statutes. The court must determine the payor spouse’s ability to pay and payee spouse’s need. Findings of ability to pay alimony that are conclusory or sparsely reasoned cannot be affirmed. 

How ability to pay is determined

Calculations of ability to pay must be based on the net, rather than gross income. Specific findings on this point are generally required. Net income is calculated by deducting payroll taxes from gross income. You can also deduct the amount you spend on health insurance for yourself and mandatory retirement contributions. 

The reasonable and necessary living expenses of the payor spouse are deducted from the net income to calculate the actual ability to pay alimony. The alimony amount cannot be more than the payor spouse’s ability to pay. Further, an award of alimony will be reversed when the obligor’s payments virtually exhaust the payor spouse’s income. The award of alimony cannot place the payor spouse in deficit. 

Calculating durational alimony

There is now a formula to calculate durational alimony. The formula is as follows:

Except as set forth in (8)(b), An award of durational alimony may not exceed fifty (50) percent of the length of a short-term marriage, sixty (60) percent of the length of a moderate-term marriage, or seventy-five (75) percent of the length of a long-term marriage. Under exceptional circumstances, the court may extend the term of durational alimony by a showing of clear and convincing evidence that it is necessary after application of factors in subsection (3) and upon consideration of all of the following additional factors in 1, 2, 3, and 4.

Durational alimony may not be awarded following a marriage lasting less than three years. 

The amount of durational alimony is the amount determined to be the obligee’s reasonable need, or the amount not to exceed 35 percent of the difference between the parties’ net incomes, whichever amount is less. Net income shall be calculated in conformity with s. 61.30 (2) and (3), excluding spousal support paid pursuant to a court order in the action between the parties. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.