Florida’s alimony laws changed significantly in recent years, so the rules about when spousal support can be received (along with how much and for how long) are unfamiliar to most people.
Alimony still exists in Florida, but the state eliminated permanent alimony for all new cases with the passage of major reform legislation in 2023. If you’re getting divorced and there’s a significant difference between your income and your spouse’s, understanding the current rules can be critical to effective negotiation or when merely evaluating your post-divorce financial picture.
Permanent alimony is gone, but other options exist
In 2023, Florida passed major alimony reform legislation that eliminated permanent alimony for new divorce cases moving forward. Before the law changed, permanent alimony could continue indefinitely, absent any major life changes. The revised law was designed to move Florida toward the system in other states, where the focus is on transitional support and eventual self-sufficiency for dependent spouses.
Under Florida Statute § 61.08, the courts may still award several forms of support, including:
- Temporary alimony may be awarded while the divorce is pending. This type of support is intended to help meet the needs of a dependent spouse during the litigation process itself and stop the more affluent spouse from weaponizing litigation.
- Bridge-the-gap alimony is short-term support designed to help a spouse adjust from dependency within the marriage to financial self-sufficiency. Florida law limits this type of support to no more than two years and it is not modifiable.
- Rehabilitative alimony may be awarded when a dependent spouse needs more education, training or work experience to become financially independent. The courts generally require a specific rehabilitative plan outlining how the spouse intends to reach that goal to award this type of alimony. It can last a maximum of five years.
- Durational alimony has become one of the most important forms of support under the revised law. Rather than lasting indefinitely, durational alimony provides financial assistance for a defined period.
How long can durational alimony last?
Florida law now places limits on how long durational alimony may continue based largely on the length of the marriage. Generally speaking:
- Dependent spouses in short-term marriages, defined as under 10 years in duration, may qualify for support lasting up to 50% of the length of their marriage.
- Dependent spouses in moderate-term marriages, defined as those that lasted 10 to 20 years, may qualify for support lasting up to 60% of the length of the marriage
- Dependent spouses in long-term marriages, defined as those over 20 years in duration, may qualify for support lasting up to 75% of the length of the marriage
The courts may deviate from those limits only in exceptional circumstances. The law also limits the amount of durational alimony to 35% of the difference between the parties’ net incomes.
Even though permanent alimony is gone, courts still evaluate several important factors when deciding whether support should be awarded. The court must still determine both the dependent spouse’s financial need and the other spouse’s ability to pay before awarding alimony.
Florida’s revised alimony rules have changed the way many divorce cases are negotiated and litigated. For some, the new law creates more predictability. For others, especially spouses who spent years outside the workforce raising children or supporting a partner’s career, the elimination of permanent alimony may create additional financial uncertainty. An experienced family law attorney can help you understand more about your situation.
