Florida Alimony — Types, How Long It Lasts, and What Changed in 2023

The short answer

A Florida court can award alimony only after it makes two findings under section 61.08 of the Florida Statutes: that one spouse has an actual need for support, and that the other spouse has the ability to pay it. If either finding fails, there is no alimony. If both are met, the court then picks a type and a length using the statutory factors and the length of the marriage.

The four types of alimony Florida still awards

Permanent alimony was abolished for cases decided on or after July 1, 2023. Four forms remain, and a court may combine them:

• Temporary alimony — support while the divorce case is still open. It ends when the final judgment is entered.
• Bridge-the-gap alimony — help with identifiable short-term needs while moving from married to single life. It cannot run longer than two years and cannot be modified.
• Rehabilitative alimony — support tied to a specific, written plan for education, training or re-entering the workforce. It cannot run longer than five years.
• Durational alimony — support for a set number of months after a marriage of at least three years, capped by the length of the marriage.

How long durational alimony can last

Florida sorts marriages into three bands, measured from the date of the marriage to the date the divorce petition was filed, and caps durational alimony as a share of that length. A court may award a longer term only on written findings of exceptional circumstances.

• Short-term marriage — under 10 years. Durational alimony is capped at 50% of the length of the marriage.
• Moderate-term marriage — 10 years up to 20 years. Capped at 60% of the length of the marriage.
• Long-term marriage — 20 years or more. Capped at 75% of the length of the marriage.
• Under three years — durational alimony is not available at all.

How much: the need and 35% limits

The amount of durational alimony is the receiving spouse's reasonable need, or 35% of the difference between the two spouses' net incomes, whichever is less. That second number is a ceiling, not a target — many awards come in well below it. Net income is calculated the same way it is for child support under section 61.30, so the two calculations tend to move together.

What the judge weighs

Once need and ability to pay are established, section 61.08 lists the factors that shape the type, amount and length of an award. They include the length of the marriage, the standard of living during the marriage, the age and the physical, mental and emotional condition of each spouse, the resources and income of each spouse after property is divided, the earning capacity and employability of each spouse, the contribution of each spouse to the marriage including homemaking and child care, the responsibilities each will have for any minor children, and the tax treatment of the award. Adultery and any resulting spending of marital money may be considered in setting the amount.

Changing or ending alimony later

Bridge-the-gap alimony can never be modified. Rehabilitative and durational alimony can be modified or terminated under section 61.14 when there is a substantial, material, involuntary and permanent change in circumstances. The length of durational alimony can be changed only in exceptional circumstances, although the amount can move with the parties' finances. Alimony ends on the death of either party or the remarriage of the receiving spouse, and can be reduced or ended if the receiving spouse enters a supportive relationship. The 2023 law also added a framework for reducing or ending alimony when the paying spouse retires in good faith at a reasonable age for their occupation.

Alimony and taxes

For any divorce finalized after December 31, 2018, alimony is not deductible by the payer and is not taxable income to the recipient under federal law. Older orders keep their original tax treatment unless they are modified and the parties expressly adopt the new rules. That changes the real cost of an award significantly, so it belongs in every settlement discussion rather than at the end of one.