Short answer: Florida recognizes four kinds of alimony: temporary, bridge-the-gap, rehabilitative, and durational. Permanent alimony ended on July 1, 2023. Before a court awards any of them, the spouse asking for support has to show a real need, and the other spouse has to have the ability to pay (Fla. Stat. §61.08).

Alimony, also known as spousal support, is one of the most discussed and sometimes contentious aspects of divorce. Whether you’re seeking alimony or may be required to pay it, understanding the basics of alimony in Florida is essential to navigating the process.

With the recent alimony reform in 2023, Florida courts have shifted away from permanent alimony in favor of more temporary and structured alimony options. This blog post will provide a comprehensive overview of how alimony works in Florida, what changes have been made, and what factors can influence the court’s decision.

What are the types of alimony in Florida?

With the 2023 reform, Florida now recognizes several types of alimony, all designed to address specific needs. Permanent alimony has been eliminated, and more focus is placed on helping spouses transition to financial independence.

Temporary Alimony

Temporary alimony keeps a lower-earning spouse afloat while the divorce is still in progress. It covers reasonable needs during the case and ends when the judge enters the final judgment, when any longer-term alimony takes over.

Bridge-the-Gap Alimony

Bridge-the-gap alimony helps one spouse transition from married life to single life. This typically short-term support covers legitimate, identifiable needs, such as bills or living expenses, while the spouse finds a job or finalizes living arrangements.

Key Points:

• Cannot exceed two years.
• Terminates if the recipient remarries or if either spouse passes away.

Rehabilitative Alimony

Rehabilitative alimony helps a spouse become financially self-sufficient, often through education or training. Courts award this type of alimony when one spouse needs time to develop skills or credentials to re-enter the workforce.

Key Points:

• The recipient must present a specific, defined plan outlining how they will become self-sufficient.
• Courts will regularly review the progress of the rehabilitative plan.

Durational Alimony

Durational alimony is designed to provide financial support for a set period, especially in marriages that are short-term or moderate-term. This type of alimony is awarded when rehabilitative alimony is not sufficient, but permanent support is no longer an option under the new law.

Key Points:

• The length of alimony cannot exceed 50% of a short-term marriage (under 10 years), 60% of a moderate-term marriage (10 to 20 years), or 75% of a long-term marriage (20 years or more). Durational alimony is not available for marriages under 3 years.
• The amount cannot exceed the lower of the recipient’s reasonable need or 35% of the difference between the spouses’ net incomes.
• Modifications can be made if there is a substantial change in circumstances.

How is alimony calculated in Florida?

Short answer: Florida does not plug your numbers into a single formula. A judge first decides whether alimony is warranted at all, then picks the type, then sets the amount and the length. For durational alimony, the amount is the lower of two figures: the recipient’s proven reasonable need, or 35% of the difference between the two spouses’ net incomes (Fla. Stat. §61.08(8)(c)).

Here’s the order a Florida court actually works through:

1. Need and ability to pay. The spouse asking for support has to prove a genuine need, and that the other spouse can actually afford to pay. If either piece is missing, there is no alimony (§61.08(2)).
2. How long you were married. Measured from the wedding date to the date the divorce petition is filed. Under 10 years is short-term, 10 to 20 years is moderate-term, 20 years or more is long-term (§61.08(5)). This sets the ceiling on how long support can run.
3. Which type fits. The court chooses among bridge-the-gap, rehabilitative, and durational alimony. Temporary alimony only covers you while the case is still open.
4. How much. For durational alimony, the court takes the lower of the recipient’s reasonable need or 35% of the difference between the parties’ net incomes. Net income is figured the same way it is for child support, under §61.30(2) and (3) (§61.08(8)(c)).
5. The payor’s floor. The award cannot leave the paying spouse with significantly less net income than the recipient, unless the judge makes written findings of exceptional circumstances (§61.08(9)).

A simple example. Suppose that after the net-income math, one spouse nets $8,000 a month and the other nets $4,000. The difference is $4,000, and 35% of that is $1,400, so durational alimony cannot exceed $1,400 a month on the income test. But if the lower-earning spouse proves a reasonable monthly need of only $1,100, the court awards $1,100, because it uses the lower of the two numbers. The award still cannot leave the higher earner with significantly less net income than the person receiving support.

Duration is capped as well. Durational alimony cannot run longer than 50% of a short-term marriage, 60% of a moderate-term marriage, or 75% of a long-term marriage, and it is not available at all for marriages under 3 years (§61.08(8)).

How does a Florida judge decide alimony?

Under Florida Statute §61.08, courts use several factors to determine whether alimony is appropriate and, if so, which type of alimony should be awarded. These factors include:

• The standard of living during the marriage: Courts aim to ensure that both spouses can maintain a lifestyle similar to the one enjoyed during the marriage, when possible.
• The length of the marriage: Marriages are classified as short-term (under 10 years), moderate-term (10 to 20 years), or long-term (20 years or more). Length is measured from the wedding date to the date the divorce petition is filed, and it drives how long alimony can last (Fla. Stat. §61.08(5)).
• The financial resources and earning capacities of each spouse: Courts consider each party’s assets, debts, and income, including whether one spouse sacrificed their career to support the family.
• The age and health of both parties: Older spouses or those with health issues may have limited earning potential, making alimony necessary to meet their financial needs.
• The contributions of each spouse: Non-financial contributions, such as raising children or supporting the other spouse’s career, are considered when determining alimony.

What changed in Florida’s 2023 alimony law?

The 2023 alimony reform brought significant changes to Florida’s family law landscape, most notably the elimination of permanent alimony. Florida courts now favor durational or rehabilitative alimony, reflecting a modern approach to spousal support. The goal is to help the receiving spouse transition to financial independence rather than providing long-term support.

Key Changes Include:

• Permanent alimony is no longer available.
• Durational alimony is now capped at 50% of the length of a short-term marriage (under 10 years), 60% of a moderate-term marriage (10 to 20 years), and 75% of a long-term marriage (20 years or more).
• Retirement age and earning potential are taken into account when determining the amount and duration of alimony.

These changes encourage both parties to become self-sufficient after divorce. They emphasize fairness and the ability to move forward independently.

Can you modify or end alimony in Florida?

The court generally sets alimony payments, but they are not always fixed. Florida allows modifications for substantial changes in circumstances. For example, if the payer loses significant income or the recipient gains financial independence, either party can request a modification.

Additionally, alimony may be terminated if:

• The recipient remarries.
• Either party passes away.
• The payer reaches the established retirement age and seeks to modify or terminate payments.

Modifications require filing a petition with the court and presenting evidence of the change in circumstances.

Frequently asked questions about Florida alimony

How is alimony calculated in Florida?

There is no fixed formula. A judge confirms the requesting spouse has a real need and the other can pay, then sets the type, amount, and length. For durational alimony, the amount is the lower of the recipient’s reasonable need or 35% of the difference between the spouses’ net incomes (Fla. Stat. §61.08(8)(c)), and the payment cannot leave the payor with significantly less net income than the recipient (§61.08(9)).

What is the most alimony a court can order in Florida?

For durational alimony, the amount is capped at the recipient’s reasonable need or 35% of the difference between the parties’ net incomes, whichever is lower (§61.08(8)(c)). The length is capped at 50%, 60%, or 75% of the marriage for short, moderate, and long-term marriages (§61.08(8)(b)).

How long does alimony last in Florida?

Bridge-the-gap runs up to 2 years, rehabilitative up to 5 years, and durational up to 50%, 60%, or 75% of the length of the marriage depending on whether it was short, moderate, or long-term. Marriages under 3 years do not qualify for durational alimony (§61.08(6)-(8)).

Did Florida get rid of permanent alimony?

Yes. Permanent alimony was eliminated for cases filed on or after July 1, 2023 under SB 1416 (Chapter 2023-315). The remaining types are temporary, bridge-the-gap, rehabilitative, and durational (§61.08(1)).

How is the length of the marriage measured for alimony?

From the date of marriage to the date the dissolution petition is filed (§61.08(5)).

The bottom line on Florida alimony

The 2023 reform in Florida significantly changed alimony. It eliminated permanent alimony and shifted toward shorter-term support options. Whether you seek alimony or worry about paying it, understanding these changes is essential for your financial future. Consult a family law attorney to protect your rights throughout the process and understand your legal options.

The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with our team today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.

Have more questions? Let us know by sending an email to: questions@legallotus.legal and we will do our best to develop content to provide you with direction and insight!

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Related on our blog: how child support works in Florida and prenuptial and postnuptial agreements.