Alimony reform legislation was recently introduced in the Florida Senate on September 10, 2015. The new legislation creates presumptive alimony guidelines. The guidelines pertain to the amount and the duration of support. The low end of the presumptive alimony amount would be calculated by using the following formula: (0.015 x the years of marriage) x the difference between the monthly gross incomes of the parties. The high end of the presumptive alimony amount would be calculated by using the following formula: (0.020 x the years of marriage) x the difference between the monthly gross incomes of the parties. Twenty years of marriage is used in calculating the low end and high end of the presumptive alimony amount for marriages that exceed twenty years.
In calculating the difference between the parties’ monthly gross incomes, the income of the party seeking support is subtracted from the income of the party paying support. If the calculation results in a negative number, the presumptive amount is zero. In calculating the high end of the presumptive alimony amount, if the court establishes the duration of the award at fifty percent of the length of the marriage or less, the court is required to use the actual years of the marriage, up to a maximum of twenty-five years, to calculate the high end of the presumptive amount.
In calculating the number of years that alimony is required to be paid, the low end of the presumptive alimony duration is calculated by using the following formula: 0.25 x the years of marriage. The high end of the presumptive alimony duration is calculated by using the following formula: 0.75 x the years of marriage.
For purposes of calculating alimony, gross income includes recurring income from all sources including, without limitation, salaries, commissions, bonuses, overtime pay, retirement benefits, payments earned as an independent contractor, expense reimbursements, draws by self-employed individuals for personal use, pension payments, severance payments, dividends, rental income, trust income regularly received, annuity payments, capital gains, social security benefits, unemployment insurance benefits, workers’ compensation benefits, disability insurance benefits, funds payable from any insurance to the extent that such insurance replaces wages, alimony from a previous marriage, continuing gifts of money, recurring gains derived from dealings in property.
If you have questions about alimony, you can speak with a Palm Beach County alimony attorney by calling Matthew Lane & Associates, P.A. at (561) 651-7273.