Florida changed its alimony law dramatically in 2023. The reform (Senate Bill 1416) eliminated permanent alimony and reshaped the remaining types of support. This guide explains what alimony looks like in Florida today under Fla. Stat. § 61.08.

This is general legal information, not legal advice. Whether and how much alimony applies depends on your specific facts. For how alimony fits with the rest of a divorce, see Divorce and Family Law in Florida.

The 2023 reform ended permanent alimony

The biggest change from the 2023 reform is that Florida courts can no longer award permanent alimony — support that continues indefinitely with no defined end date. Under the current version of Fla. Stat. § 61.08, the four available forms of alimony are temporary, bridge-the-gap, rehabilitative, and durational. Each has a specific purpose and, in most cases, a limit on how long it can last.

Senate Bill 1416 took effect on July 1, 2023, and it applies to cases pending or filed on or after that date, not to support already finalized in earlier judgments. The practical effect is significant: under the old law, a spouse leaving a long marriage might receive support with no end date, and courts had broad discretion to fashion open-ended awards. The reform replaced that open-ended model with a structured framework in which every award has a defined type, a defined purpose, and, except for some long-term durational awards, a defined endpoint. Two threshold questions still govern every case — whether the requesting spouse has an actual need and whether the other has the ability to pay — but once those are answered, the statute now channels the court toward a more predictable, formula-driven result. The reform was designed to reduce uncertainty for both the spouse who pays and the spouse who receives support.

The four types of alimony

  • Temporary alimony — support paid while the divorce is still pending, to maintain the status quo until the final judgment. It ends when the divorce is finalized.
  • Bridge-the-gap alimony — short-term help moving from married to single life, for legitimate, identifiable short-term needs. It cannot exceed two years and is not modifiable.
  • Rehabilitative alimony — support tied to a specific, written rehabilitation plan to help a spouse gain the education, training, or work experience needed to become self-supporting.
  • Durational alimony — support for a set number of years after a marriage of any length, with the maximum length tied to how long the marriage lasted.

Need and ability to pay

Before any alimony is awarded, the court must make two threshold findings: that the requesting spouse has an actual need for support, and that the other spouse has the ability to pay it. If either is missing, no alimony is ordered. Only after these findings does the court decide the type, amount, and duration. The party seeking alimony bears the burden of proving the need, and after the 2023 reform the statute directs the court to make specific written findings on need and ability before awarding any support.

Need is measured against the standard of living established during the marriage and the requesting spouse’s reasonable expenses and resources. Ability to pay looks at the other spouse’s income and assets after meeting that spouse’s own reasonable needs. These two findings are gatekeepers: a spouse who has a genuine need but is married to someone with no ability to pay will not receive an award, and neither will a spouse who has no real need even if the other could easily afford to pay. Because the analysis is so fact-driven, the quality of the financial evidence each side presents often determines the outcome.

Factors the court weighs

Once need and ability are established, Fla. Stat. § 61.08 directs the court to consider factors including:

  • the duration of the marriage;
  • the standard of living established during the marriage;
  • the age and the physical, mental, and emotional condition of each spouse;
  • the financial resources of each spouse, including marital and non-marital assets;
  • each spouse’s earning capacity, education, and employability;
  • the contribution of each spouse to the marriage, including homemaking and child care; and
  • the responsibilities each will have for any minor children.

Marriage length and durational caps

The reform ties durational alimony to the length of the marriage, which Florida measures from the date of marriage to the date the dissolution petition is filed. The statute classifies marriages as short-term (less than 10 years), moderate-term (10 years up to 20 years), and long-term (20 years or more). These categories matter because they control both whether durational alimony is available and, when it is, how long it can run.

Under Fla. Stat. § 61.08, durational alimony is generally not available for short-term marriages of less than three years, and its maximum length is capped as a percentage of the marriage’s duration: it cannot exceed 50 percent of the length of a short-term marriage, 60 percent of a moderate-term marriage, or 75 percent of a long-term marriage. For example, durational alimony after a 12-year (moderate-term) marriage is generally capped at about 7.2 years. A court can exceed these caps only by making written findings of clear and convincing evidence of exceptional circumstances, weighing factors such as the extent to which a spouse’s earning capacity was reduced by the marriage and the care of a child or family member with a disability.

The amount cap on durational alimony

Separate from the duration limit, the reform also caps the amount of durational alimony. Under Fla. Stat. § 61.08, durational alimony may not exceed the lesser of (1) the recipient’s reasonable need, or (2) 35 percent of the difference between the parties’ net incomes. In other words, the court first determines what the recipient genuinely needs, then determines 35 percent of the gap between the two spouses’ net incomes, and the award cannot be larger than whichever of those two figures is smaller. This dual cap is one of the most consequential parts of the 2023 reform, because it puts a hard mathematical ceiling on awards that previously rested largely on judicial discretion. Because these figures and formulas can be adjusted by the Legislature, confirm the current numbers in Fla. Stat. § 61.08.

Combining types of alimony

A court is not limited to a single type. Under Fla. Stat. § 61.08, a judge may award more than one form of alimony when appropriate — for example, bridge-the-gap support to cover an immediate transition combined with rehabilitative support tied to a longer training plan. The total award still must respect the statutory caps and cannot leave the paying spouse with significantly less net income than the recipient, absent written findings of exceptional circumstances. The court tailors the combination to the recipient’s actual need and the payer’s actual ability to pay.

Taxes and how alimony is paid

For Florida divorce judgments entered after 2018, alimony is not deductible by the paying spouse and is not taxable income to the recipient under federal law — a major change from older cases. Florida itself has no state income tax, so there is no separate state tax consequence to alimony. Alimony is usually paid in periodic (often monthly) payments, though in some cases a court can order a lump-sum award. To secure payment, a court may require the paying spouse to maintain life insurance naming the recipient as beneficiary so that support obligations are protected if the payer dies.

Modification and termination

Most alimony can be modified later if there is a substantial change in circumstances — bridge-the-gap alimony being the notable exception, as it is not modifiable. Alimony generally terminates on the death of either party or the remarriage of the recipient. For how alimony interacts with property division and the rest of a divorce, see Divorce and Family Law in Florida and Florida Equitable Distribution of Property.

Supportive relationships and retirement

The 2023 reform sharpened two grounds that can reduce or end alimony. The first is a supportive relationship. Under Fla. Stat. § 61.08, if the court finds that the recipient is in a supportive relationship with someone they live with — one that functions economically much like a marriage — it can reduce or terminate support, and the reform shifts the burden of proof so that the recipient must show the support should continue. The court looks at factors such as whether the couple holds themselves out as a married couple, how long they have cohabited, whether they pool finances or share expenses, and whether one supports the other. The relationship does not have to be a remarriage to trigger this rule; an ongoing, financially intertwined cohabitation can be enough.

The second ground is retirement. The reform expressly allows a paying spouse to seek modification or termination upon reaching a reasonable retirement age, and the court considers the age and health of the payer, the type of work, the customary retirement age in that occupation, the motivation for retiring, the payer’s likely income after retirement, and the financial resources available to both parties. A court can even consider a request before the actual retirement date so the parties have certainty. Retirement is not an automatic end to alimony — the court still balances the payer’s changed circumstances against the recipient’s continuing need — but it is now a clearly recognized basis to revisit an award.

Bridge-the-gap versus rehabilitative alimony

These two short-term forms are easy to confuse but serve different purposes. Bridge-the-gap alimony helps a spouse meet legitimate, identifiable short-term needs as they transition to single life — covering, say, the first several months of rent and expenses while the person gets back on their feet. It cannot exceed two years and cannot be modified in amount or duration. Rehabilitative alimony, by contrast, is tied to a specific, written plan for the recipient to redevelop earning capacity through education, training, or work experience. The recipient must actually follow the plan; if they do not, the paying spouse can ask the court to terminate the support. Rehabilitative alimony can be modified or ended if the plan is completed, abandoned, or no longer needed.

Proving need and ability with financial affidavits

Because every alimony award depends on need and ability to pay, the financial affidavits both spouses file under Florida’s mandatory disclosure rule are central to the analysis. The affidavits lay out each spouse’s income, expenses, assets, and debts, and the court relies on them to decide whether a real need exists and whether the other spouse can meet it. Overstating expenses or understating income can undermine a party’s credibility, so accuracy matters. For how this disclosure works in the broader case, see How Divorce Works in Florida.

Frequently asked questions

Can I still get permanent alimony in Florida?

No. The 2023 reform (SB 1416) eliminated permanent alimony. Under Fla. Stat. § 61.08, the only types now available are temporary, bridge-the-gap, rehabilitative, and durational alimony, each of which has a defined purpose and, in most cases, a limited duration.

How long can durational alimony last?

The maximum length is tied to how long the marriage lasted. Florida groups marriages as short-term (under 10 years), moderate-term (10 to 20 years), and long-term (20 years or more), and caps durational alimony at 50 percent of a short-term marriage, 60 percent of a moderate-term marriage, and 75 percent of a long-term marriage. The amount is separately capped at the lesser of the recipient’s reasonable need or 35 percent of the difference in the parties’ net incomes. Check the current figures in Fla. Stat. § 61.08, as the Legislature can adjust them.

Does cheating affect alimony in Florida?

It can, in a limited way. Florida is a no-fault state, so adultery itself does not determine alimony. However, the court may consider the adultery of either spouse and the circumstances of it, particularly when marital funds were spent on the affair, which can affect both alimony and the division of property.

Can alimony be changed after the divorce?

Usually yes, except bridge-the-gap alimony, which is not modifiable. Other types can be modified on a substantial change in circumstances. Alimony also generally ends on death or the recipient’s remarriage, and it can be reduced or ended if the recipient enters a supportive relationship or if the paying spouse retires.

Find a Florida family law attorney. The 2023 alimony reform changed the rules significantly, and the caps and formulas can be technical. A Florida family law attorney can assess whether alimony applies in your case and how much. This guide is general information, not legal advice.