Florida Family Law Guide
Income Shares & 2023 Alimony Reform
Legal Disclaimer
This guide summarizes Florida family law for educational purposes following the 2023 alimony reform. Laws change and outcomes depend on individual facts. Always consult a licensed Florida family law attorney before taking legal action.
Child Support Calculator
Calculate guideline support using the income shares model, Gross Up detection, and high-income adjustments.
Calculate Child Support →Alimony Calculator
Evaluate durational, rehabilitative, and bridge-the-gap alimony with the 35% cap and duration limits.
Calculate Alimony →Florida Child Support Income Shares Model (F.S. § 61.30)
Florida combines both parents’ monthly gross income, references the economic schedule to find the basic obligation, and then allocates the obligation based on each parent’s income share. Net income is not used—gross income is adjusted only for specific deductions listed in § 61.30(3).
Key Inputs
- • All gross income sources, including wages, bonuses, self-employment, pensions, and Social Security (excluding SSI)
- • Statutory deductions: federal income tax, FICA/SE tax, compulsory retirement, union dues, and support for other children
- • Number of children subject to the order and any children in each household
- • Health insurance premiums attributable to the child and necessary childcare costs
When both parents have at least 73 overnights with the child (20% of the year), Florida multiplies the combined obligation by 1.5 to reflect the cost of dual households. Each parent’s share is then cross-credited by the percentage of overnights spent with the other parent. The parent with the larger obligation pays the net difference.
Gross Up Steps
- Calculate basic obligation using combined income and the guideline table.
- Multiply the obligation by 1.5.
- Allocate the adjusted obligation by income share.
- Multiply each parent’s share by the other parent’s custody percentage.
- Net the amounts to determine the transfer payment.
Florida requires the parent with access to affordable coverage to provide health and dental insurance for the child. Premiums are presumed reasonable when they do not exceed 5% of the providing parent’s gross income. If employer coverage is unavailable, courts can order cash medical support instead.
A “substantial, permanent, and involuntary” change in circumstances—such as income shifts, medical needs, or custody adjustments—supports modification petitions. The Department of Revenue offers administrative enforcement, including income withholding, license suspension, and tax refund interception.
2023 Florida Alimony Reform Highlights (F.S. § 61.08)
- • Permanent alimony eliminated for petitions filed on or after July 1, 2023.
- • Durational alimony capped at 50%, 60%, or 75% of the marriage length (short, moderate, long-term).
- • Amount capped at 35% of the difference in the parties’ net incomes.
- • Bridge-the-gap support limited to two years; rehabilitative support limited to five with a defined plan.
- • Courts must consider supportive relationships and retirement in modification decisions.
Marriage Length
Short (<10 years) • Moderate (10-20) • Long (20+)
Maximum Duration
50% • 60% • 75% of the marriage length respectively
Bridge-the-Gap
Short-term transitional support (max two years). Non-modifiable as to amount and duration.
Rehabilitative
Supports education or training with a defined plan, capped at five years.
Durational
Most common form post-reform; subject to 35% cap and duration limits tied to marriage length.
- • Terminates automatically upon death of either party or remarriage of the recipient.
- • Courts must terminate upon proof of a supportive relationship unless exceptional circumstances exist.
- • Modification requires a substantial, material, and permanent change in circumstances.
- • Retirement of the payor is expressly recognized as a potential basis for modification or termination.
Key Florida Resources
Child support income shares schedule, Gross Up methodology, and reasonable cost definitions.
Florida Statute § 61.08Detailed 2023 alimony reform text including durational caps and amount limitations.
Official financial affidavits, child support guidelines worksheet (Form 12.902e), and supplemental petitions.
FL Dept. of Revenue Child Support ServicesAdministrative enforcement tools, payment options, and modification assistance.
Frequently Asked Questions
Does the 2023 reform affect existing alimony orders?
The reform applies to petitions filed on or after July 1, 2023. Existing orders remain in effect but may be modified under the new standards if a substantial change is proven.
How is income calculated for child support?
Florida uses gross income from all sources, subtracts statutory deductions, and applies the schedule in § 61.30 to determine the basic obligation.
Can parties agree to exceed the 35% alimony cap?
No. The 35% income differential cap is mandatory and cannot be waived by agreement or enforced by the court beyond that limit.
What is a supportive relationship?
Courts consider cohabitation analogous to marriage (financial interdependence, shared residence) as grounds to terminate durational alimony under § 61.14.
Ready to Apply Florida Formulas?
Use our calculators to model income shares support, Gross Up scenarios, and durational alimony under the 2023 reform before entering negotiations or mediation.
Important Legal Notice
This guide references Florida Statutes §§ 61.08 and 61.30, along with administrative guidance from the Florida Department of Revenue. It does not constitute legal advice. For case-specific strategies, consult a Florida family law attorney.