You’ve been married for 22 years. Your spouse handled the career while you managed the household and raised the children. Now you’re facing divorce, and someone tells you that Florida still awards permanent alimony for marriages like yours. You feel relieved, thinking you’ll have financial security for life. Here’s the problem with that advice. It’s outdated, and it could leave you completely unprepared for what actually happens in your divorce case.
The rules changed dramatically in 2023, and many people going through divorce in Winter Park and across Florida are working with information that simply doesn’t match reality anymore. If you’re counting on permanent alimony, you need to know what Florida law actually says today.
Does Florida Still Have Permanent Alimony?
No. Permanent alimony Florida no longer exists for any divorce filed on or after July 1, 2023.
Governor Ron DeSantis signed Senate Bill 1416 into law on June 30, 2023, which completely eliminated the option for judges to award permanent alimony. This represents one of the most significant changes to family law in Florida’s history. After decades of debate and multiple vetoed bills, Florida alimony reform 2023 finally became reality.
The law took effect on July 1, 2023, and applies to all dissolution of marriage cases filed or pending on that date. If you’re filing for divorce now, permanent alimony is not on the table. Instead, courts work within a new framework that caps the duration of all alimony awards based on how long your marriage lasted.
What Permanent Alimony Used to Mean
Florida permanent alimony was ongoing financial support with no set end date. Courts awarded it in long-term marriages where one spouse couldn’t become financially independent due to age, health, or time out of the workforce. Payments continued until the recipient remarried, either spouse died, or a court changed the arrangement.
This type of support helped spouses who spent years out of the workforce — such as those who stayed home to raise children — maintain their standard of living after divorce. Critics argued it created lifetime financial dependency, while supporters said it protected those who sacrificed their careers for the family. After years of debate, Florida eliminated permanent alimony entirely, joining states like Massachusetts and Utah.
The Four Types of Alimony Florida Courts Can Award Today
Under current Florida law, specifically Florida Statute § 61.08, judges may grant alimony in four different forms. Each serves a specific purpose and comes with its own rules.
Temporary alimony provides support while your divorce case is pending. It ends once the court enters a final judgment. This type helps maintain some financial stability during what can be a lengthy legal process.
Bridge-the-gap alimony helps you transition from married life to single life. Florida law caps this at two years maximum. Courts use it to address short-term, identifiable needs like securing housing or covering immediate expenses while you get settled. The amount and duration cannot be modified, and it terminates if either spouse dies or if you remarry.
Rehabilitative alimony supports you while you gain education, training, or work experience to become self-supporting. This requires a specific, defined plan showing how you’ll achieve financial independence. The law limits rehabilitative alimony to five years. A court can modify or terminate it based on changed circumstances, failure to follow the plan, or completion of the plan.
Durational alimony is now the primary option for longer-term support. This replaced permanent alimony in most situations. It provides economic assistance for a set period tied to your marriage length. The key difference from the old permanent alimony is that durational alimony always has an end date.
Courts can combine these forms or order them as periodic payments, lump sum payments, or both. The goal is providing economic assistance while encouraging financial independence.
How to Qualify for Alimony in Florida
Florida courts look at several factors before awarding alimony. Understanding the basic requirements can help you know what to expect during the process.
- You must prove a genuine financial need for support, and your spouse must have the ability to pay — both are required
- Marriage length is measured from the wedding date to the date the dissolution was filed
- Short-term marriages last less than 10 years, moderate-term between 10 and 20 years, and long-term 20 years or more
- Marriages under 3 years generally don’t qualify for durational alimony
- Courts consider the standard of living established during the marriage
- Age, physical, mental, and emotional condition of each spouse are taken into account
- All income and resources, including assets from property division, are reviewed
- Earning capacity, education, vocational skills, and employability are evaluated
- Contributions such as homemaking, child care, and support for a spouse’s career are considered
- Parental responsibilities, especially for children with special needs, factor into the decision
- If marital funds were spent on an affair, the economic impact of adultery can influence the court’s decision
How to Qualify for Permanent Alimony (Or Its Replacement)
Florida no longer has permanent alimony, but durational alimony serves as the long-term alternative. Here is what you need to know to qualify and what limits apply.
- Your marriage must have lasted at least 3 years to qualify for durational alimony
- For marriages of 3 to 10 years, alimony can last up to 50% of the marriage length
- For marriages of 10 to 20 years, alimony can last up to 60% of the marriage length
- For marriages of 20 years or more, alimony can last up to 75% of the marriage length
- Courts can extend these durations only under exceptional circumstances
- Factors for an extension include age, employability, available resources, and mental or physical condition
- Extensions based on caring for a disabled child end when the child no longer needs that care or passes away
- Under Florida Statute § 61.08(8)(c), payments are capped at the lower of your reasonable need or 35% of the difference between both spouses’ net incomes
- The paying spouse cannot be left with significantly less net income than the recipient, unless exceptional circumstances exist and the court provides written findings
What Happens to Existing Permanent Alimony Awards
Florida’s alimony reform law is not retroactive. Permanent alimony awards made before the law changed remain legally valid. However, certain circumstances can still lead to modification under the new rules.
Retirement as grounds for modification: If the paying spouse reaches normal retirement age as defined by Social Security or their profession, they can petition to reduce or terminate payments. Courts consider factors like age, health, motivation for retirement, and available retirement assets. Retirement now carries more weight in modification requests than it did before the reform.
Supportive relationships as grounds for modification: If the recipient enters a supportive relationship with someone they are not married to or related to, the paying spouse can seek a reduction or termination. Courts look at factors such as whether the couple lives together, financial interdependence, shared property, and mutual support. This applies even if the recipient never remarries.
What this means for existing obligations: A pre-reform permanent alimony award remains in place and cannot be automatically terminated. However, the new law’s principles around retirement and supportive relationships may apply to future modification requests. Anyone with an existing obligation should be aware of how these rules could affect their case.
Key Takeaways
- Permanent alimony no longer exists in Florida for divorces filed on or after July 1, 2023. Senate Bill 1416, signed into law by Governor DeSantis, eliminated it entirely and replaced it with time-limited alternatives.
- The four types of alimony available now are temporary, bridge-the-gap, rehabilitative, and durational. Durational alimony serves as the primary long-term support option with caps tied to marriage length.
- You must prove both financial need and your spouse’s ability to pay before qualifying for any alimony. Marriage length determines which types of alimony apply and how long durational alimony can last.
- Short-term marriages of less than 10 years allow durational alimony for up to 50% of the marriage length. Moderate-term marriages of 10 to 20 years permit up to 60%. Long-term marriages of 20 years or more allow up to 75%.
- The amount of durational alimony cannot exceed your reasonable need or 35% of the difference between your net incomes, whichever is less.
- Courts consider extensive factors including standard of living, age, health, earning capacity, and contributions to the marriage when making alimony decisions.
- Pre-2023 permanent alimony awards remain valid, but modification based on retirement or supportive relationships has become more accessible under the new law.
Frequently Asked Questions
Can I still get alimony if my marriage lasted less than seven years?
Yes. The old presumption against alimony for marriages under seven years no longer applies. Under current law, you can receive bridge-the-gap, rehabilitative, or durational alimony even in shorter marriages, as long as you meet the need and ability to pay requirements. For durational alimony specifically, your marriage must have lasted at least three years.
How does adultery affect alimony in Florida now?
Florida courts may consider adultery and its economic impact when determining alimony amounts. However, Florida remains a no-fault divorce state, meaning you don’t need to prove wrongdoing to get divorced. Adultery becomes relevant primarily when marital funds were spent on the affair, creating a financial impact the court can factor into alimony decisions.
Can I receive alimony and child support at the same time?
Yes. Alimony and child support are separate legal obligations serving different purposes. Child support addresses the needs of your minor children, while alimony addresses spousal financial support. The fact that you receive child support doesn’t prevent you from also receiving alimony if you meet the requirements.
What if my spouse retires while paying me alimony?
Retirement can now serve as grounds for modifying alimony payments. If your spouse reaches normal retirement age or the customary retirement age for their profession and actually retires, they can petition the court for reduction or termination of alimony. The court will consider their age, health, motivation for retiring, and available retirement income and assets when deciding whether to grant the modification.
Is there a minimum income needed to pay alimony?
No specific minimum exists. The court evaluates your spouse’s actual ability to pay based on their complete financial picture, including income, assets, expenses, and other obligations. Generally, the alimony award cannot leave the paying spouse with significantly less net income than you have unless exceptional circumstances justify it.
Your Next Step Forward
The elimination of permanent alimony changed the entire approach to spousal support in Florida. Whether you’re considering divorce, currently going through the process, or dealing with an existing alimony arrangement, working with knowledgeable legal counsel makes all the difference in protecting your financial future.
At Perez-Calhoun Law Firm, P.A., we focus on family law matters right here in Winter Park and throughout Central Florida. We stay current with every change in Florida’s alimony laws and put that knowledge to work for our clients every day. We know how the 2023 reforms affect real families, and we provide straightforward guidance tailored to your specific situation.
Whether you need help securing alimony or defending against an unfair request, Perez-Calhoun Law Firm, P.A. is here to help. Our team listens, answers your questions in plain language, and builds strategies based on current Florida law. Contact us today to schedule a free initial consultation and take control of your case.
