Alimony & Spousal Support Attorneys in South Florida
Florida's alimony statute was substantially rewritten in 2023. Our attorneys handle the full range of spousal support matters — initial awards, modifications, terminations, and enforcement — under both the current framework and prior law.
Quick answer
Florida alimony is governed by Fla. Stat. § 61.08, substantially rewritten in July 2023. Permanent alimony was eliminated; courts may now award temporary, bridge-the-gap, rehabilitative, or durational alimony after finding an actual need and the other spouse's ability to pay. Durational alimony is limited by the length of the marriage and generally may not exceed 50 percent of the marital duration for short marriages, 60 percent for moderate-term, and 75 percent for long-term.
Alimony & Spousal Support in Florida: key facts
- Governing statute
- Fla. Stat. § 61.08 (as amended July 1, 2023)
- Eliminated
- Permanent alimony no longer available in Florida
- Available types
- Temporary, bridge-the-gap, rehabilitative, durational
- Threshold test
- Need of one spouse and ability to pay of the other
- Marriage length brackets
- Short-term under 10 years; moderate 10–20; long-term 20+
- Bridge-the-gap cap
- Maximum 2 years, non-modifiable
- Rehabilitative cap
- Maximum 5 years, requires a specific written rehabilitative plan
- Tax treatment
- Not deductible to the payor or taxable to the recipient for agreements after 2018
Overview
Following SB 1416, Florida no longer awards permanent alimony. Available forms are temporary, bridge-the-gap, rehabilitative, and durational alimony, each with statutory caps tied to the length of the marriage.
The court first determines need and ability to pay, then evaluates the statutory factors — length of the marriage, standard of living, contributions to the marriage, age and health of the parties, and financial resources — to fashion an award.
How the firm approaches alimony & spousal support
We build alimony cases around a documented budget and a defensible income analysis. On the payor side, that means challenging inflated need claims and imputing income where warranted. On the recipient side, that means presenting a complete picture of standard of living and post-divorce housing, healthcare, and transition costs.
For pre-2023 orders, modification and termination are governed by the terms of the underlying agreement and the statute in effect at that time.
Frequently Asked Questions
Does Florida still have permanent alimony?
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No. Permanent alimony was eliminated by SB 1416, effective July 1, 2023. Existing permanent alimony awards remain governed by their original terms.
How is the length of alimony determined?
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Durational alimony is capped at 50% 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), with limited exceptions.
Can alimony be modified?
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Yes, on a showing of a substantial, material, involuntary, and permanent change in circumstances — subject to any non-modification language in the original agreement.
Does cohabitation end alimony?
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A supportive relationship, as defined by Fla. Stat. § 61.14, can reduce or terminate alimony. The burden is on the obligor to prove the elements.
Is alimony taxable?
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For orders entered after 2018, alimony is not deductible by the payor and not includable in the recipient's income for federal tax purposes. Orders entered earlier may still follow the prior tax treatment.
Did Florida eliminate permanent alimony?
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Yes. Effective July 1, 2023, Florida eliminated permanent alimony for cases pending or filed after that date. Courts may still award temporary, bridge-the-gap, rehabilitative, and durational alimony, but every award now has a defined endpoint tied to the length of the marriage and the statutory factors in Fla. Stat. § 61.08.
How long does alimony last in Florida?
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Durational alimony length is capped by the length of the marriage: generally no more than 50 percent of the marriage for a short-term marriage (under 10 years), 60 percent for a moderate-term marriage (10 to 20 years), and 75 percent for a long-term marriage (20 years or more). Bridge-the-gap alimony is capped at two years and rehabilitative alimony at five.
Can alimony be modified or terminated in Florida?
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Durational and rehabilitative alimony may be modified on a substantial change in circumstances, and alimony terminates on the death of either party or the recipient's remarriage. Under Fla. Stat. § 61.14, a payor may also seek reduction or termination based on a supportive relationship, or on retirement at a reasonable age given the payor's occupation and health.
Discuss your matter, in confidence.
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