Florida Alimony Law: Types, Duration, and Recent Changes

Florida overhauled its alimony laws in 2023 when Governor DeSantis signed Senate Bill 1416 into law, effective July 1, 2023. The reform eliminated permanent alimony, introduced duration caps tied to marriage length, removed adultery as a factor in alimony determinations, and made retirement a clearer basis for modification. These changes affect both new divorce cases and, in some circumstances, existing alimony orders.

If you are going through a divorce in Florida or paying or receiving alimony under an older order, understanding the current law is critical. This article covers the four remaining types of alimony, how duration and amount are determined, and how the 2023 reform changed the landscape.

The 2023 Alimony Reform: What Changed

Before SB 1416, Florida recognized five types of alimony, including permanent alimony that could last for the lifetime of the recipient. The reform made several significant changes:

Permanent alimony was eliminated. Courts can no longer award alimony that continues indefinitely. All alimony awards must now have a defined end date, subject to the duration caps discussed below.

Duration caps were established. The length of an alimony award is now tied to the length of the marriage, with specific maximums for each marriage category.

Adultery was removed as a factor. Under the prior law, marital misconduct — particularly adultery — could influence the alimony award. The 2023 reform eliminated adultery as a relevant consideration in alimony determinations.

Retirement was addressed. The new law provides clearer guidelines for when a paying spouse can seek modification or termination of alimony based on retirement at a reasonable age.

Supportive relationships were strengthened as grounds for modification. If the recipient spouse enters a supportive relationship (similar to cohabitation), the paying spouse has a clearer path to reduce or terminate alimony.

The Four Remaining Types of Alimony

Florida now recognizes four types of alimony under Florida Statutes Section 61.08:

Bridge-the-Gap Alimony

Bridge-the-gap alimony helps a spouse transition from married life to single life by addressing short-term, identifiable, legitimate needs. It is designed to cover specific transitional expenses — such as housing deposits, utility setup costs, or car payments — while the recipient establishes financial independence.

• Maximum duration: 2 years
• Cannot be modified in either amount or duration once awarded
• Terminates upon the death of either party or the remarriage of the recipient

Bridge-the-gap is the most limited form of alimony and is appropriate when the recipient has a clear, finite need that will resolve within a short period.

Rehabilitative Alimony

Rehabilitative alimony supports a spouse who needs education, training, or work experience to become self-supporting. It requires a specific, defined rehabilitative plan that the court approves as part of the award.

• Requires a rehabilitative plan outlining what the recipient will do (such as completing a degree program or obtaining a professional certification) and a timeline
• Can be modified or terminated if the recipient fails to comply with the plan, completes the plan early, or if circumstances change
• Duration is tied to the rehabilitative plan, not to a statutory cap

Rehabilitative alimony is commonly awarded when one spouse left the workforce to raise children and needs to update their skills or credentials to re-enter the job market.

Durational Alimony

Durational alimony provides financial support for a set period of time following a marriage that does not qualify for rehabilitative alimony or where bridge-the-gap is insufficient. This is the most common form of alimony awarded in Florida divorces since the 2023 reform.

Under SB 1416, durational alimony is subject to the following caps:

The amount of durational alimony generally cannot exceed 35% of the difference between the parties’ net incomes. The court can deviate from this guideline in exceptional circumstances, but must provide written findings explaining the deviation.

Durational alimony can be modified in amount based on a substantial change in circumstances, but the duration cannot be extended beyond the statutory cap.

Temporary Alimony

Temporary alimony (also called pendente lite support) is awarded while the divorce is pending. It maintains the financial status quo during the proceedings and ends when the final judgment is entered. Temporary alimony is not subject to the same duration caps because it exists only during the litigation period.

Factors Courts Consider

Under the reformed statute, Florida courts evaluate the following factors when determining 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 nonmarital assets and liabilities
• The earning capacities, educational levels, vocational skills, and employability of the parties
• The contribution of each party to the marriage, including homemaking, child care, education, and career building of the other party
• The responsibilities each party will have regarding minor children
• All sources of income available to either party, including income from investments and assets

Notably absent from this list is adultery. Under the prior law, courts could consider marital misconduct when awarding alimony. The 2023 reform removed this factor entirely, making Florida’s alimony analysis focused exclusively on financial circumstances and the structure of the marriage.

Retirement and Alimony Modification

One of the most impactful provisions of SB 1416 addresses retirement. Under the new law:

• A paying spouse may file a petition to modify or terminate alimony upon reaching the customary retirement age for their profession or upon actual retirement, whichever occurs later
• The paying spouse is not required to continue working past a reasonable retirement age solely to pay alimony
• The court considers the payor’s age, health, and motivation for retiring — retirement must be in good faith, not simply an attempt to avoid alimony obligations
• The court also considers the impact on the recipient and whether the recipient took steps to become self-supporting during the alimony period

This provision provides relief for paying spouses who, under the old law, faced the prospect of paying permanent alimony through retirement and into their fixed-income years. However, it does not guarantee termination — the court still exercises discretion based on the totality of the circumstances.

Impact on Existing Alimony Orders

SB 1416 applies to all petitions filed on or after July 1, 2023. For existing permanent alimony orders entered before that date:

• A paying spouse can file a modification petition under the new law if there is a substantial change in circumstances
• Retirement at a reasonable age is now a recognized basis for modification of existing orders
• The existence of a supportive relationship involving the recipient is also available as a modification ground

However, the new law does not automatically terminate or reduce existing permanent alimony awards. The paying spouse must file a petition and demonstrate grounds for modification under the current statute.

How Amount Is Determined

While Florida does not use a rigid formula like some states, the 2023 reform introduced the guideline that durational alimony should not exceed 35% of the difference between the parties’ net incomes. Courts calculate net income by subtracting mandatory deductions (taxes, Social Security, Medicare, mandatory retirement contributions, and health insurance costs) from gross income.

For example, if one spouse has a net monthly income of $10,000 and the other has a net monthly income of $3,000, the difference is $7,000. The guideline suggests a maximum alimony award of approximately $2,450 per month (35% of $7,000). The court can deviate from this guideline but must explain its reasons in writing.

Courts also consider whether the recipient spouse’s need can be met through property division rather than ongoing alimony. A larger share of marital assets may reduce or eliminate the need for periodic support. For a deeper look at how property division works in Florida, see our guide on equitable distribution in Florida.

For a national overview of alimony law, see our guide on how alimony works.

What to Do Next

Whether you expect to pay or receive alimony in a Florida divorce, preparation is essential under the new law:

1. Understand the current statute. The 2023 reform changed the rules significantly. Do not rely on advice or outcomes from cases decided before July 2023.
2. Classify your marriage length. Determine whether your marriage is short-term (under 10 years), moderate-term (10 to 20 years), or long-term (over 20 years). This classification directly affects the maximum duration of any alimony award.
3. Calculate net incomes. Gather pay stubs, tax returns, and other documentation to establish both parties’ net incomes. The 35% guideline provides a starting point for estimating potential alimony amounts.
4. Consider the full financial picture. Alimony interacts with property division, child support, and tax planning. A different property split may reduce the need for ongoing support payments.
5. Consult a Florida family law attorney. Alimony cases under the reformed statute involve new guidelines, caps, and strategic considerations. Schedule a free consultation to discuss how the current law applies to your situation.