Alimony in Florida

Florida's 2023 alimony reform

In July 2023, Florida enacted a significant reform to its alimony law under Florida Statutes § 61.08. The most significant change: permanent alimony was eliminated. No court can award permanent alimony for marriages that did not end before July 1, 2023. For marriages that ended after that date, alimony is now subject to durational caps tied to the length of the marriage.

Types of alimony in Florida

Bridge-the-gap alimony

Short-term support designed to help the recipient transition to single life. Maximum duration is two years. Used for identifiable, short-term needs such as housing expenses while looking for work or completing a certification program. Cannot be modified once awarded.

Rehabilitative alimony

Support to help a spouse become self-supporting through education, retraining, or redeveloping prior work skills. Must be supported by a specific, written rehabilitative plan submitted to the court. Duration is tied to the plan's timeline. Can be modified or terminated if the recipient fails to comply with the plan.

Durational alimony

Support for a set period of time following the dissolution of marriage. The 2023 reform established caps on durational alimony based on the length of the marriage:

• Short-term marriage (under 10 years): alimony may not exceed 50% of the length of the marriage
• Moderate-term marriage (10–20 years): alimony may not exceed 60% of the length of the marriage
• Long-term marriage (20 years or more): alimony may not exceed 75% of the length of the marriage

For long-term marriages (20+ years), there is a rebuttable presumption that durational alimony is appropriate when there is a significant disparity in incomes or when one spouse has a reduced earning capacity due to the marriage.

Temporary alimony (during the proceeding)

A court may award temporary alimony while the dissolution proceeding is pending to maintain the status quo. Temporary alimony ends when a final judgment is entered and is separate from any final alimony award.

The § 61.08 factors

Courts consider the following factors when deciding whether to award alimony and in what amount:

• The standard of living established during the marriage
• The duration of the marriage
• The age and physical and emotional condition of each party
• The financial resources of each party, including marital and non-marital assets and liabilities
• The earning capacity, educational level, vocational skills, and employability of each party
• The contribution of each party to the marriage, including homemaking, childcare, education of the other spouse, and career advancement
• The responsibilities each party will have with regard to minor children they have in common
• Any tax treatment and consequences of the alimony award
• All sources of income available to either party, including income available through investments
• Any other factor necessary to do equity and justice

Amount cap under the 2023 reform

In addition to duration caps, the 2023 reform created an amount cap: the alimony award may not leave the payor with significantly less net income than the payee. Courts consider the net incomes of both parties after the alimony payment. The goal is to achieve a reasonable equalization while preserving the payor's ability to meet their own needs.

Modifying or terminating alimony

Alimony can be modified or terminated upon a substantial change in circumstances. Common grounds include:

• The recipient enters into a supportive relationship (§ 61.14(1)(b)) — cohabitation that reduces their need for support
• The recipient remarries (alimony terminates automatically on remarriage)
• Either party's income changes substantially (increase or decrease)
• The payor retires at a reasonable retirement age