Florida’s ceiling for durational alimony
$1,400.00 a month
35% of $4,000, the difference between the two net incomes, under Florida Statutes s. 61.08. It is a ceiling on the amount and not an award: the statute takes the lesser of that figure and the obligee’s need, and need is a fact a court finds rather than something this page can derive.
- The difference
- $4,000
- A year at that ceiling
- $16,800.00
- The marriage
- short-term marriage
- Longest durational award
- 4 years 50% of the marriage
The arithmetic, line by line
| Step | Value |
|---|
| Higher monthly net income | $6,000.00 |
| Other party’s monthly net income | $2,000.00 |
| The difference | $4,000.00 |
| 35% of the difference - the statute’s ceiling | $1,400.00 |
| The same ceiling over a year | $16,800.00 |
Nothing is rounded on the way except the money, to the cent. The line the statute turns on is the fourth one: the ceiling the rest of this page is about.
What this statute puts a ceiling on
| What is capped | How the statute caps it | Your figures |
|---|
| The amount of a durational award | 35% of the difference between the two net incomes, or the obligee’s need if that is less | $1,400.00 |
| The length of a durational award | 50% of a short-term marriage | 4 years |
| Bridge-the-gap alimony | a fixed ceiling on the length; no amount rule | 2 years |
| Rehabilitative alimony | a fixed ceiling on the length; no amount rule | 5 years |
Florida Statutes s. 61.08 is where all four come from. The first two are computed from your figures; the last two are the statute’s own numbers and do not move.
Two things this page computes are not the award, and the statute says so itself. Florida Statutes s. 61.08(8)(c) takes the lesser of 35% of the difference and the obligee’s reasonable need - so a need below $1,400.00 becomes the figure, and need is found on the evidence. And Florida Statutes s. 61.08(9) adds that an award may not leave the paying party with significantly less net income than the recipient unless the court makes written findings of exceptional circumstances.
Which field moves what, since two of them deliberately move nothing. The length of the marriage cannot change the 35% ceiling - it decides only how long a durational award may run. And the two incomes cannot change that length: the cap is a share of the marriage, not of the money. If you change one and only the other half of the panel moves, that is the statute, not a field that failed.
A durational award may not be longer than 50% of the marriage, because 8 years is a short-term marriage - for these figures that is 4 years, to the month. A court may extend the term beyond that only on clear and convincing evidence of exceptional circumstances and after the factors in Florida Statutes s. 61.08(3), so this is a ceiling on the ordinary case rather than a limit a court cannot pass.
Only a state whose statute prints a number can be computed here, and today that is Florida, Illinois, Massachusetts. Most states do not: their statute lists the factors a court weighs and leaves the amount to the judge's judgment, with no percentage anywhere to apply - Ohio (Ohio Revised Code 3105.18) and Kansas (K.S.A. 23-2902) are two that read that way, and neither is modelled here because there is nothing to apply. That is not a gap in this page; it is the answer for those states, and it is why the field above offers no such state rather than offering one and quietly inventing a figure.
This is arithmetic on a published statute, not legal advice and not an order. need, which is the other half of the amount test, and the net income both sides work from: s. 61.08(8)(c) takes the lesser of the two, and need is a fact the court finds on the evidence rather than a figure this page can derive. Net income itself is defined by s. 61.30(2) and (3), a different statute from the one snapped here, so this page asks for it rather than computing it - and it does not touch any other form of alimony beyond the two ceilings bridge-the-gap and rehabilitative alimony have (their amounts are left to the court, which is why only their lengths are printed here). Nothing you type is transmitted anywhere.
The percentages, the marriage bands and the three length ceilings: The Florida Legislature, “Florida Statutes, F.S. 61.08 - Alimony (2026 edition)”, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html. They were read from a snapshot committed in sources/ (fl-61-08.html, 34392 bytes, SHA-256 d2a433fd4ca6fea6…), fetched 2026-09-21T23:19:50.523Z by github-actions/Linux run 35667028849. No page in sources/ named this statute, so this round read the URL the way docs/tool-playbook.md section 11 allows a page to be *looked at* (a rendering service, which proves a path exists but is not evidence and is not parsed): the section was then fetched for real on the US runner, and it is those bytes - not the look - that every number above comes from. Cited but not snapshotted, and carrying no figure anywhere on this page: Ohio, Ohio Revised Code 3105.18; Kansas, K.S.A. 23-2902 - two statutes that state no formula, which is why their states are not in the select above. Net income itself is not computed here: the statute defines it by reference to a different section (s. 61.30(2) and (3)), so the fields ask for it rather than deriving it.
The three dials this statute turns, whatever your income
- The cap rate
- 35% of the difference between the two incomes; the obligee’s need can cut the award below it and cannot raise it.
- The length share in this band
- 50% of the marriage: the durational ceiling is a share, not a number of years the statute prints.
- The rehabilitative ceiling
- 5 years a length ceiling only - the statute sets no amount rule for this form, so no figure is computed for it.
What this ceiling covers, and what it leaves out
- Covers the amount: a share of the difference between the two incomes, or the obligee’s reasonable need where that is the lower of the two.
- Covers the length: a share of the marriage, or an indefinite term once the marriage passes 20 years.
- Leaves out need itself: it is found on the evidence, so a figure on this page can be cut by it and never raised.
- Leaves out the other forms - rehabilitative, bridge-the-gap, reimbursement and transitional - which carry length rules but no amount rule this page can apply.
- Leaves out what a court must find before it departs, and the tax and child-support interactions, which sit in other sections.