If you're going through a Florida divorce and researching alimony, the first thing to know is that Florida's alimony law changed significantly in 2023. Permanent alimony — which had existed in Florida for decades and was the subject of years of legislative debate — was eliminated effective July 1, 2023. If your divorce was filed on or after that date, permanent alimony is no longer an option.
What replaced it is a cleaner framework built around four specific types of alimony, each with defined purposes and duration limits. This article explains how each type works, how durational alimony — the primary long-term option — is calculated, and what the reform means depending on when your case was filed.
- What changed on July 1, 2023 — and what didn't
- The four types of alimony now available in Florida
- How durational alimony is calculated (the 35% net income formula)
- Duration caps by marriage length
- What courts weigh under Florida Statute § 61.08
- A worked example with real numbers
- How remarriage and cohabitation affect existing orders
What Changed on July 1, 2023 — and What Didn't
Before the 2023 reform, Florida courts could award permanent alimony — ongoing support without a fixed end date — in cases involving long marriages where one spouse had significantly diminished earning capacity. That option no longer exists for divorces filed after July 1, 2023.
The reform also redefined the marriage length categories used to determine alimony eligibility and duration. Under the new law, marriages are classified as short-term (less than 10 years), moderate-term (10 to 20 years), or long-term (more than 20 years). The previous thresholds were lower — 7 years for short-term and 17 years for long-term — so the new definitions shift more marriages into lower categories.
What didn't change: the four factors-based analysis courts use to determine the need for alimony, the ability of the other spouse to pay, and the standard of living during the marriage. Those considerations remain central to any alimony determination in Florida.
The Four Types of Alimony in Florida
1. Bridge-the-gap alimony
Designed for short-term transitional needs — covering specific, identifiable costs of moving from married to single life. An example might be helping a spouse maintain housing while they look for work or sell the marital home. Bridge-the-gap alimony is capped at two years, is not modifiable in amount or duration once awarded, and terminates upon the recipient's remarriage.
2. Rehabilitative alimony
Awarded to help a spouse redevelop previous skills or acquire new education, training, or credentials to become self-supporting. Courts require a specific rehabilitative plan — a concrete description of what the spouse intends to do and how long it will take. Rehabilitative alimony is capped at five years and terminates if the recipient fails to follow the plan, completes it early, or remarries.
3. Durational alimony
The primary form of longer-term alimony after the 2023 reform. Durational alimony provides support for a set period — appropriate when a spouse needs economic assistance for longer than bridge-the-gap or rehabilitative alimony provides, but the circumstances don't justify the longest available term. Duration is capped as a percentage of the marriage length (see the table below). This is the type most people going through a long or moderate-term Florida marriage will encounter.
4. Temporary alimony
Awarded during the divorce proceedings to maintain the financial status quo while the case is pending. Temporary alimony ends when the final judgment is entered. It does not determine what the final alimony order will look like — courts make an independent determination at the time of final judgment.
How Durational Alimony is Calculated: The 35% Formula
Florida Statute § 61.08 provides a ceiling for durational alimony amounts. The monthly award may not exceed the lesser of:
- The recipient spouse's reasonable need, or
- 35% of the difference between the parties' net incomes
Net income — not gross — is used in this calculation. Net income generally means income after taxes and mandatory deductions. The 35% ceiling is not a formula that produces a standard number — it sets the upper limit, and courts then determine the appropriate amount within that ceiling based on the full set of factors under § 61.08.
Suppose Spouse A has a net monthly income of $8,000 and Spouse B has a net monthly income of $2,000 after a 16-year marriage. The difference between their net incomes is $6,000 per month. Thirty-five percent of $6,000 is $2,100 — the ceiling for durational alimony in this scenario.
A court would then consider whether Spouse B's reasonable need is at or below $2,100, and weigh the § 61.08 factors — standard of living during the marriage, each party's financial resources, contributions to the marriage, and others — to arrive at an appropriate amount. The final award might be $1,400, $1,800, or something else within that ceiling depending on the full picture. This example is illustrative only.
Duration Caps by Marriage Length
Florida law sets maximum durations for durational alimony as a percentage of the marriage length, tied to the three marriage categories defined in the 2023 reform:
| Marriage Category | Marriage Length | Maximum Duration of Durational Alimony |
|---|---|---|
| Short-term | Under 10 years | Up to 50% of the length of the marriage |
| Moderate-term | 10 to 20 years | Up to 60% of the length of the marriage |
| Long-term | More than 20 years | Up to 75% of the length of the marriage |
Suppose a couple divorces after 18 years of marriage — a moderate-term marriage under Florida's framework. The maximum duration for durational alimony is 60% of 18 years, which is 10.8 years — roughly 10 years and 10 months. A court would not be required to award the full maximum; it sets the ceiling, and the actual duration depends on the circumstances and the § 61.08 factors. For a couple married 24 years (long-term), the cap would be 75% of 24 years, or 18 years. This example is illustrative only.
What Courts Weigh Under Florida Statute § 61.08
For all alimony types, courts consider a set of factors to determine whether alimony is appropriate, the type, the amount, and the duration. The starting point is always establishing the need of one party and the ability of the other to pay. After that, the key factors include:
| Factor | Why It Matters |
|---|---|
| Standard of living during the marriage | Benchmark for what economic adjustment looks like post-divorce |
| Duration of the marriage | Determines the marriage category and duration caps |
| Age and health of each party | Older or ill spouses may have reduced earning capacity |
| Financial resources of each party | Includes both marital and non-marital assets and liabilities |
| Earning capacity and employability | Education, skills, employment history, and job market conditions |
| Contributions to the marriage | Includes homemaking, childcare, and supporting the other's career |
| Responsibilities for children | Primary caregiver of young children may have limited work availability |
| Tax consequences | Post-2018: alimony is not deductible for payer or taxable for recipient |
What Happened to Long-Term Florida Marriages Filed Before July 1, 2023?
If your divorce was filed before July 1, 2023, Florida's prior alimony law applies. Under the previous framework, permanent alimony was available and courts had broader discretion over duration. Awards entered under the prior law remain in effect and are not automatically affected by the 2023 reform.
Modification of pre-reform alimony orders follows the usual standard — a substantial change in circumstances must be shown. The elimination of permanent alimony does not, by itself, constitute grounds to modify an existing permanent alimony order entered before the reform.
Remarriage, Cohabitation, and Termination
Florida alimony terminates automatically upon the death of either party or the remarriage of the recipient. Cohabitation — the recipient living with a new partner in a supportive relationship — provides grounds for modification or termination but does not end alimony automatically. The paying spouse must file a petition and demonstrate that the cohabiting relationship provides a supportive financial benefit to the recipient that reduces their need for alimony.
Bridge-the-gap alimony is notable here: once entered, it cannot be modified in amount or duration for any reason. All other types remain subject to modification upon a showing of a substantial change in circumstances, as long as the court retains jurisdiction.
A Worked Example: Florida Durational Alimony After the Reform
Suppose two people divorce after a 22-year marriage — a long-term marriage under Florida's framework. Spouse A is an accountant earning $105,000 gross per year ($7,800 net monthly after taxes). Spouse B worked part-time for most of the marriage and currently earns $26,000 gross per year ($2,100 net monthly).
The net income difference is $5,700 per month. Thirty-five percent of $5,700 is $1,995 — the durational alimony ceiling. Spouse B's documented reasonable need based on the standard of living during the marriage may be somewhat higher, but the 35% figure caps the award at $1,995.
Duration: the maximum for a long-term marriage is 75% of 22 years — approximately 16.5 years. A court is not required to award the maximum and would consider what duration is appropriate for Spouse B to reach a reasonable level of self-sufficiency given age, skills, and employment history. The actual award might be 8–12 years at a monthly amount somewhat below the ceiling. This example is illustrative only — actual outcomes vary based on the specific facts and the judge's assessment of the § 61.08 factors.
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