State of Florida
Income Shares Model & Revolutionary 2023 Alimony Reform
Florida uses the Income Shares model for child support with unique "Gross Up" calculations, plus groundbreaking 2023 alimony reforms that eliminated permanent alimony. Our calculators reflect these major legal changes.
Major 2023 Alimony Reform (Effective July 1, 2023)
Permanent alimony has been eliminated for all divorce petitions filed on or after July 1, 2023. This represents the most significant change to Florida alimony law in decades.
New Alimony Types
- • Bridge-the-Gap (max 2 years)
- • Rehabilitative (max 5 years)
- • Durational (strict limits)
Duration Caps
- • Short marriage: 50% max
- • Moderate marriage: 60% max
- • Long marriage: 75% max
Amount Limits
- • Durational: 35% income gap max
- • Need + ability to pay analysis
- • No automatic cost-of-living adjustments
Income Shares model with unique 'Gross Up' method when both parents have 73+ overnights (20% time-sharing)
Revolutionary 2023 alimony reform eliminates permanent alimony and creates strict duration/amount caps
No state income tax advantage - more take-home income for child/spousal support calculations
Florida Calculator Tools
Florida's Unique Income Shares "Gross Up" Method
Standard Method
When one parent has less than 73 overnights (20% time-sharing)
- Traditional Income Shares calculation
- Basic support obligation from guideline table
- Income-based allocation between parents
Substantial Time-Sharing Method
When both parents have 73+ overnights (20%+ time-sharing each)
- Basic obligation × 1.5 ("Gross Up")
- Accounts for duplicate household costs
- Complex cross-multiplication formula
Basic Obligation
Calculate standard support amount from guideline table
Gross Up by 1.5x
Multiply basic obligation by 1.5 to account for dual households
Income Allocation
Apportion grossed-up amount by each parent's income percentage
Time-Sharing Credit
Cross-multiply obligations by other parent's overnight percentage
Net Transfer
Calculate difference to determine final payment amount
Understanding Florida's 2023 Alimony Revolution
❌ Eliminated
- • Permanent/indefinite alimony
- • Automatic cost-of-living adjustments
- • Open-ended support obligations
- • Indefinite modification jurisdiction
⚠️ Impact on Existing Orders
Existing permanent alimony orders remain in effect, but modification rules may have changed. Consult an attorney for existing orders.
Bridge-the-Gap
Max 2 years, non-modifiable, for transition needs
Rehabilitative
Max 5 years, requires specific plan, modifiable
Durational
Strict caps: 35% income gap max, duration limits by marriage length
Duration Formula
- • Short-term (<10 years): 50% of marriage max
- • Moderate-term (10-20 years): 60% of marriage max
- • Long-term (20+ years): 75% of marriage max
Real Florida Calculation Examples
Gross Up Calculation:
• Basic obligation: $1,600
• Grossed up (1.5x): $2,400
• Parent A share: $1,440 (60% income)
• Parent B share: $960 (40% income)
• Cross-multiply for time credits
• Net transfer: $384/month A→B
Parent A: $4,800 income, 130 overnights (36%)
Parent B: $3,200 income, 235 overnights (64%)
Method: Substantial time-sharing (both >73 nights)
Advantage: Recognizes dual household costs
2023 Reform Limits:
• Income disparity: $6,000/month
• Maximum amount: $2,100 (35% of gap)
• Marriage: 15 years (moderate-term)
• Maximum duration: 108 months (60%)
• Award: $2,100/month for up to 9 years
Old System: Could have been permanent alimony
New System: Strict 9-year cap, 35% income limit
Reform Impact: Certainty and finality for both parties
Florida Family Law Guide & Resources
- • 2023 alimony reform updates
- • No permanent alimony
- • Gross Up method explained
- • Duration limits by marriage
- • Florida Statute Chapter 61
- • 2023 alimony reform laws
- • Court forms and procedures
- • Child support guidelines
- • 2023 reform specialists
- • Local attorney directories
- • Consultation guidance
- • Legal aid resources
Florida Family Court System
Miami-Dade: 11th Judicial Circuit
Broward: 17th Judicial Circuit
Orange County: 9th Judicial Circuit
Hillsborough: 13th Judicial Circuit
Palm Beach: 15th Judicial Circuit
Florida Courts: Official self-help center
Legal Aid: Low-income assistance statewide
Family Court Services: Mediation and support
Clerk of Court: Form assistance and filing help
12.902(b)/(c): Financial Affidavit
12.902(e): Child Support Guidelines Worksheet
12.901(b)(1): Petition for Dissolution
12.905: Supplemental Petition for Modification
12.947(a): Marital Settlement Agreement
Frequently Asked Questions About Florida Family Law
Advanced Florida Family Law Analysis
🔍 New Analysis Required
- • Existing prenups may reference "permanent alimony"
- • 2023 reform limits may override prenup provisions
- • Duration caps apply regardless of agreement terms
- • 35% income cap may supersede higher amounts
✅ Best Practices for New Prenups
- • Reference 2023 statutory limits explicitly
- • Include durational caps in agreement terms
- • Address all three alimony types separately
- • Consider bridge-the-gap for transition needs
⚡ SCRA Protections
- • Servicemembers Civil Relief Act applies
- • Stay of proceedings for deployed service members
- • Special residency considerations
- • Child support enforcement across states
💰 Military Pay Considerations
- • BAH and BAS inclusion in support calculations
- • Retirement benefits and division rules
- • Deployment and time-sharing modifications
- • Geographic separation challenges
Detailed Calculation Methodologies
📊 Step-by-Step Income Shares Process
Primary Calculations:
- 1. Determine both parents' monthly net income
- 2. Combine incomes for total family income
- 3. Look up basic support obligation from guideline table
- 4. Calculate each parent's proportional share
- 5. Apply time-sharing adjustments if applicable
Special Adjustments:
- • Health insurance premiums (actual cost)
- • Childcare expenses (work-related)
- • Extraordinary medical expenses
- • Private school or special needs costs
- • Multiple family adjustments
⚖️ When Courts Deviate from Guidelines
Written Findings Required: Courts must provide written justification for any deviation from guideline amounts.
Common Deviation Factors:
- • Extraordinary high income levels (>$10,000 combined)
- • Special needs of the child
- • Seasonal or irregular income patterns
- • Independent financial resources of the child
- • Other children from different relationships
🎯 Systematic Award Process
Step 1: Establish Need and Ability
Court determines if recipient has need and payor has ability to pay, considering all financial circumstances.
Step 2: Apply Statutory Factors
Court weighs F.S. § 61.08 factors including marriage duration, standard of living, age, health, and contributions.
Step 3: Apply 2023 Caps
Amount cannot exceed 35% of income difference; duration cannot exceed marriage-length percentages.
Step 4: Consider Alimony Type
Determine if bridge-the-gap, rehabilitative, or durational alimony is most appropriate.
⛔ Hard Limits Under 2023 Reform
Amount Limits:
- • Maximum 35% of net income difference
- • No exceptions for exceptional circumstances
- • Applies to ALL new durational alimony awards
- • Cannot be waived by agreement if higher
Duration Limits:
- • Short-term: 50% of marriage length max
- • Moderate-term: 60% of marriage length max
- • Long-term: 75% of marriage length max
- • No judicial discretion to exceed caps
Professional Commentary: Florida's Family Law Evolution
📈 Case Outcome Trends
Early data suggests significant changes in settlement patterns and court awards since July 2023:
- • Average alimony awards have decreased by an estimated 25-40%
- • More cases settling without trial due to predictable outcomes
- • Increased focus on bridge-the-gap and rehabilitative alimony
- • Greater emphasis on career rehabilitation planning
- • Shift toward more detailed property division negotiations
💼 Strategic Considerations for Attorneys
- • Case valuation models require complete recalibration
- • Settlement negotiations now have clearer parameters
- • Greater importance of accurate income determination
- • Enhanced focus on vocational rehabilitation assessments
- • Modified approach to property division strategies
🖥️ E-Filing and Digital Case Management
- • Statewide e-filing portal implementation
- • Digital document management systems
- • Online mediation and hearing capabilities
- • Automated calculation tools for standard cases
- • Electronic service of process options
📱 Mobile-First Access to Justice
- • Self-help resources available on mobile devices
- • Virtual court appearances for appropriate matters
- • Online form completion and submission
- • Digital payment systems for fees and support
- • Language translation services integration