How does alimony work in Florida?

Question

Accepted Answer

Florida alimony was fundamentally restructured by HB 1409, signed by Governor DeSantis on June 30, 2023. All cases filed on or after July 1, 2023 apply the new framework.

1. Permanent Alimony Eliminated

Florida joins a small but growing group of states that have abolished permanent alimony. Existing permanent alimony awards remain in effect but cannot be newly awarded.

2. The Four Surviving Types (Fla. Stat. § 61.08)

Temporary alimony — paid during the divorce proceeding.

Bridge-the-gap alimony — to assist transition from married to single life. Maximum 2 years, non-modifiable.

Rehabilitative alimony — to allow a spouse to acquire education, training, or work experience. Requires a specific written rehabilitative plan. Maximum 5 years.

Durational alimony — economic assistance for a set period. Replaced permanent alimony as the long-term option.

3. Marriage Duration Categories

Short-term: less than 10 years

Moderate-term: 10 to 20 years

Long-term: 20+ years

Durational alimony is generally not awarded for marriages under 3 years absent exceptional circumstances.

4. Duration Caps for Durational Alimony

Short-term marriages: no more than 50% of the marriage length

Moderate-term: no more than 60%

Long-term: no more than 75%

5. Amount Cap

The amount of durational alimony is the lesser of the recipient's reasonable need OR 35% of the difference between the parties' net incomes.

6. Statutory Factors

The court must consider: standard of living during marriage, duration, age and physical/emotional condition, financial resources, earning capacities, contributions to the marriage (including homemaking and child care), responsibilities for minor children, tax treatment, and adultery (which may be considered).

7. Modification & Retirement

Durational alimony is modifiable on a substantial change in circumstances. The 2023 law adds a rebuttable presumption that the obligor may retire and reduce or terminate alimony at the normal retirement age for the obligor's profession (typically 65 for SSA full retirement).

8. Cohabitation

A supportive relationship (cohabitation with financial interdependence) may reduce or terminate alimony (§ 61.14(1)(b)).

This is legal information, not legal advice.