08 Oct Alimony Garnishment Limits in Florida: A New Ruling
Summary
In Kennedy v. Kennedy, decided October 7, 2026, Florida's Fourth District Court of Appeal held that the federal 25% garnishment cap does not limit withholding to collect alimony owed under a marital settlement agreement that was incorporated, but not merged, into a final judgment. Because the judgment ordered the parties to comply with the agreement and reserved enforcement jurisdiction, it was a court order for support, so the higher caps of up to 65% applied, including to Social Security disability payments.
This article explains what the court decided and how the federal percentage caps work for support orders. It also covers what the ruling means whether you are owed alimony or paying it.
What Happened in the Kennedy Case
John and Alison Kennedy divorced in Palm Beach County in 2003. Their marital settlement agreement required the husband, then a high-earning attorney, to pay alimony on a step-down schedule. Payments started at $15,000 per month and later dropped to $10,000, then $7,000, and finally $5,000. The alimony ran until his 65th birthday. The parties also agreed that the alimony could not be modified for any reason.
The final judgment approved the agreement and incorporated it by reference. However, it also stated that the agreement would not merge into the judgment. The judgment ordered both parties to comply with every provision and reserved jurisdiction to enforce it.
In 2013, the Social Security Administration found the former husband disabled. By 2017, the trial court had entered a $240,000 money judgment for alimony arrears. In 2020, the court entered an income withholding order that took 65% of his monthly Social Security disability payments. His alimony obligation ended when he turned 65 in April 2023, but the arrears did not disappear.
The former husband later asked the court to cut the withholding to 25%. The court refused. Then, in March 2026, it entered a second money judgment for $500,724.74 and an amended withholding order that kept the 65% rate. He appealed both rulings, and the Fourth District issued its opinion on October 7, 2026. These facts put alimony garnishment limits in Florida squarely before the appellate court.
Why the Court Allowed 65% Instead of 25%
The federal Consumer Credit Protection Act sets the general rule. Under 15 U.S.C. § 1673(a), garnishment usually cannot take more than 25% of a person’s disposable earnings. The same statute, however, creates an exception for “any order for the support of any person issued by a court of competent jurisdiction.”
For support orders, higher caps apply. A court can take up to 50% of disposable earnings if the paying spouse supports another spouse or a dependent child. The cap rises to 60% if he does not. Each figure goes up by five points, to 55% or 65%, when the money pays support that is more than 12 weeks overdue. These higher tiers are the heart of alimony garnishment limits in Florida.
The former husband argued that his alimony did not qualify for the exception. In his view, the obligation came from a private contract, not a court order. He also argued it was not “subject to judicial review” because the agreement made it nonmodifiable. He relied on a 1997 Maryland appellate decision that had accepted exactly that argument.
The Fourth District disagreed. Judge Gross wrote that the phrase about state law, due process and judicial review modifies only the words “an administrative procedure.” It does not limit court orders. The court then looked at the Kennedy judgment itself. It incorporated the agreement, ordered the parties to comply with it, reserved enforcement jurisdiction, and came from a Florida circuit court. The court found it hard to imagine a clearer support order than that. It also noted that Florida law lets a court enforce an incorporated settlement agreement as a judgment, even when the agreement did not merge. You can read the full Kennedy opinion.
Alimony Garnishment Limits in Florida If You Are Owed Support
If your former spouse has fallen behind, this ruling gives you real leverage. Florida law already allows garnishment of wages and other income to enforce alimony and child support under section 61.12, Florida Statutes. That statute also lets a court issue a continuing writ of garnishment to an employer. Money then comes out of every paycheck until the court says otherwise. Kennedy confirms that the federal 25% cap does not stand in the way when your alimony came from a settlement agreement the court incorporated into the judgment.
Social Security can be reached as well. Federal law generally shields Social Security benefits from creditors. However, 42 U.S.C. § 659 makes an exception for alimony and child support enforcement. That exception is what allows withholding from benefits like the disability payments at issue in Kennedy.
Timing also matters. The jump to 55% or 65% applies only to support that is more than 12 weeks overdue. Moving quickly to reduce arrears to a judgment and obtain a withholding order can protect your recovery. Our guide on how to collect on a divorce judgment in Florida covers liens, garnishment and other tools in more detail.
Alimony Garnishment Limits in Florida If You Are Paying
If you pay alimony, the lesson is sobering. A nonmodifiable alimony clause can follow you long after your income drops. Disability, retirement or a career change will not reduce the obligation if you agreed it could never be modified. Unpaid amounts keep growing, and a court can take well over half of your income to collect them.
The Kennedy opinion also left one argument open. A footnote points out that the former husband never claimed he supported another spouse or a dependent child. If he had, the cap might have been 55% rather than 65%. If you have a new family to support, raise that fact early and document it. Ignoring arrears rarely helps, as our article on what happens if you stop paying child support in Florida explains for support obligations generally.
Finally, think hard before signing a nonmodifiable alimony provision. It can make sense in a negotiated settlement. Even so, it removes the safety valve that normally lets a court adjust support when life changes.
One caution: Kennedy is a new decision and is not final until any timely motion for rehearing is resolved, so the outcome could still change.
Talk to a Miami Attorney About Alimony Garnishment Limits in Florida
Whether you are trying to collect overdue alimony or facing a withholding order you cannot afford, the details of your judgment and your settlement agreement will shape the outcome. The Law Firm of Jeffrey Alan Aenlle, PLLC represents clients throughout Florida from our office in Miami. Call +1.786.309.8588 to discuss your situation.
Conclusion
Under the alimony garnishment limits in Florida, the federal 25% cap does not protect a former spouse who owes alimony under a court-approved settlement agreement. In Kennedy, the Fourth District held that an incorporated agreement, backed by a judgment ordering compliance, is a court support order. As a result, the higher 50% to 65% caps apply. For people owed alimony, that means stronger enforcement. For people paying it, it means a nonmodifiable agreement carries real long-term risk.
TLDR: In Florida, a court can garnish up to 65% of a former spouse’s income, including Social Security disability, to collect overdue alimony. In Kennedy v. Kennedy, released October 7, 2026, the Fourth District held that this applies even when the alimony came from a marital settlement agreement incorporated into the final judgment.
How much of my income can be garnished for alimony in Florida?
Under federal law, a court enforcing a support order can take up to 50% of disposable earnings if you support another spouse or dependent child, or 60% if you do not. Those caps rise to 55% and 65% for support more than 12 weeks overdue.
Does the 25% garnishment limit apply to alimony?
Generally, no. The 25% cap applies to ordinary debts. Court orders for support, including alimony, fall under a higher set of limits.
Can Social Security be garnished for alimony in Florida?
Yes. Federal law generally protects Social Security from creditors, but it allows garnishment to enforce alimony and child support. In Kennedy, the court upheld withholding of 65% of the former husband’s Social Security disability payments.
Does it matter that my alimony came from a settlement agreement instead of a judge?
Under Kennedy, it does not, as long as the final judgment incorporated the agreement, ordered the parties to comply with it and kept jurisdiction to enforce it. The court treated that judgment as a court order for support.
Can I reduce garnishment if I support a new family?
Possibly. The federal caps are lower when the paying spouse supports another spouse or a dependent child. The former husband in Kennedy did not raise that argument, so the court did not decide it.
