Alimony in Florida

Florida's alimony statute was substantially rewritten by Senate Bill 1416 in 2023. Permanent alimony has been abolished. Under the current version of Florida Statutes § 61.08, the court may award only four forms of alimony, each with its own purpose, duration cap, and amount cap.

The Two Threshold Findings: Need and Ability to Pay

Before awarding any alimony, the court must make two specific findings:

• The spouse seeking alimony has an actual need for support
• The other spouse has the ability to pay

Both findings must rest on the financial affidavits, tax returns, and proof of actual living expenses. Need is not just a function of the lifestyle during the marriage -- it is measured against what the recipient can earn or could reasonably earn with vocational evaluation.

Length-of-Marriage Categories

The 2023 reform created three categories that drive the duration cap:

• Short-term marriage: less than 10 years
• Moderate-term marriage: 10 to 20 years
• Long-term marriage: 20 years or more

The length is measured from the date of marriage to the date the divorce petition was filed.

The Four Forms of Alimony

Temporary Alimony

Awarded during the divorce case under Florida Statutes § 61.071. It ends when the final judgment is entered.

Bridge-the-Gap Alimony

Designed to help a spouse transition from married to single life. Capped at two years. Cannot be modified in amount or duration. Terminates on the death of either party or remarriage of the recipient.

Rehabilitative Alimony

Provides funding for a specific, defined plan to redevelop a career or acquire the education or training needed to re-enter the workforce. The recipient must submit a written rehabilitative plan. Capped at five years. May be modified or terminated on completion or noncompliance with the plan, or a substantial change in circumstances.

Durational Alimony

Provides economic assistance for a set period after a marriage of any length, except a short-term marriage of less than three years, where durational alimony is generally not available. The duration is capped as follows:

• Short-term marriage (less than 10 years): durational alimony may not exceed 50% of the length of the marriage
• Moderate-term marriage (10 to 20 years): may not exceed 60% of the length of the marriage
• Long-term marriage (20+ years): may not exceed 75% of the length of the marriage

The amount of durational alimony is capped at the lesser of (a) the recipient's reasonable need, or (b) 35% of the difference between the spouses' net incomes.

Permanent Alimony Is Abolished

For petitions filed on or after July 1, 2023, courts may not award permanent alimony. Existing permanent alimony awards from final judgments entered before that date remain in effect under the law in place when they were entered, subject to modification.

Retirement and Modification

A payor of durational alimony who reaches normal retirement age and actually retires may move to reduce or terminate alimony. The court considers the payor's age and health, the type of work, the customary retirement age in that field, the recipient's financial resources, the impact on each party, and other equitable factors. Bridge-the-gap alimony is not modifiable. Rehabilitative and durational alimony may be modified on a substantial change of circumstances.

Supportive Relationships and Cohabitation

Under Florida Statutes § 61.14, an alimony award may be reduced or terminated if the recipient enters into a "supportive relationship" with someone with whom the recipient resides. The statute lists factors the court considers, including the duration of the relationship, joint ownership of property, pooling of assets, and shared expenses. Cohabitation alone is not enough -- there must be evidence of mutual economic support.

Call 786-522-1411 to discuss alimony in your Florida divorce.