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. Under § 61.08(7)(c), as amended by SB 1416 (Chapter 2023-315, Laws of Florida, effective July 1, 2023), the length of an award may not exceed 5 years. 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. Under § 61.08(8)(a), as amended by the same act, durational alimony may not be awarded following a marriage lasting less than 3 years. 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), durational alimony may run up to 75% of the length of the marriage. Entitlement is never automatic, though: the party seeking alimony must always prove an actual need and the other party's ability to pay, and the court weighs the § 61.08 factors. There is no presumption that alimony is owed simply because a marriage was long.

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. Under § 61.08(8), durational alimony is set at the payee's reasonable need, or an amount not to exceed 35% of the difference between the parties' net incomes, whichever is less. So the award can never be more than about a third of the gap between the two net incomes.

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