Florida Alimony Reform & Prenups — 2023 Changes to § 61.08

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated August 2026  ·  ← All blog posts

On July 1, 2023, Florida eliminated permanent alimony and imposed durational caps that fundamentally changed the alimony landscape. If you are drafting a prenup today — or wondering how the reform affects one you already signed — here is what the new § 61.08 means for premarital agreements.

What SB 1416 Changed — Effective July 1, 2023

Governor DeSantis signed SB 1416 on June 30, 2023, amending Fla. Stat. §§ 61.08, 61.13, 61.14, and 741.0306. The changes apply to any final judgment entered on or after July 1, 2023. Here are the key provisions relevant to prenuptial agreements:

1. Permanent Alimony Eliminated

The court no longer has authority to award permanent (lifetime) alimony. Before SB 1416, § 61.08 authorized four types: bridge-the-gap, rehabilitative, durational, and permanent. Now only three remain.

2. Three Remaining Forms of Alimony

• Bridge-the-gap alimony — designed to help a spouse transition from married to single life. Limited to two years maximum and cannot be modified.
• Rehabilitative alimony — supports a spouse in acquiring education, training, or work experience. Limited to five years maximum and requires a specific plan.
• Durational alimony — provides economic assistance for a set period. Subject to the new marriage-length caps and income limits below.

3. New Durational Caps by Marriage Length

SB 1416 redefined marriage-length categories and imposed maximum award periods for durational alimony:

• Short-term marriage (less than 10 years): Durational alimony may not exceed 50% of the length of the marriage.
• Moderate-term marriage (10–20 years): May not exceed 60% of the length of the marriage.
• Long-term marriage (20+ years): May not exceed 75% of the length of the marriage.

Absent exceptional circumstances, these are hard caps.

4. The 35% Income Cap

Alimony may not exceed 35% of the difference between the parties’ net incomes. This is a ceiling the court cannot breach absent extraordinary circumstances.

5. Retirement Modification

The reform simplified the process for reducing or terminating alimony when the paying spouse reaches normal retirement age (as defined by the Social Security Administration). This also applies to existing alimony orders.

How the Reform Interacts with Prenuptial Agreements

Fla. Stat. § 61.079(4)(a)4. permits a prenup to “establish, modify, waive, or eliminate spousal support.” The 2023 reform does not change this authority — it changes the baseline that the prenup modifies. Here is what that means in practice:

• A complete alimony waiver still works. If the prenup waives all forms of alimony, the waiver is enforceable under the same standards as before: § 61.079(7)(a)3. (unconscionability + nondisclosure) and § 61.079(7)(b) (public assistance safety valve).
• Waiving alimony is now “less valuable” to the paying spouse. Before the reform, a complete waiver shielded the paying spouse from potentially unlimited permanent alimony. Now, the most a court can award without a prenup is capped durational alimony. This may affect negotiation dynamics.
• A prenup can set alimony above the statutory caps. § 61.079(4)(a)4. permits the “establishment” of spousal support. If both parties agree in a prenup to alimony terms that exceed the durational caps or the 35% income limit, the agreement controls — the statutory caps are defaults, not mandatory minimums or maximums in the presence of a valid agreement.
• Existing prenups that reference “permanent alimony” need review. If an agreement signed before July 2023 provides for “permanent alimony” or references the pre-reform § 61.08, the term may be unenforceable as written because the court no longer has authority to award permanent alimony. The agreement should be reviewed and potentially amended via a postnuptial agreement under § 61.079(6).

Does the Reform Apply Retroactively?

SB 1416 applies to final judgments entered on or after July 1, 2023. It is not retroactive in the sense of automatically changing existing final judgments. However, existing alimony orders may be subject to modification under the new retirement provisions of § 61.14. A prenup signed before July 2023 that contemplates alimony terms is interpreted under the law in effect at the time of dissolution, not the time of signing.

Drafting a Prenup After the 2023 Reform

For prenups drafted after July 1, 2023, practitioners should:

1. Reference the current § 61.08 categories (bridge-the-gap, rehabilitative, durational) rather than the former four-category framework.
2. Explicitly address whether the 35% income cap and durational caps apply or are superseded by the agreement’s own terms.
3. Include a savings clause in case the law changes again.
4. Consider whether the reduced alimony exposure changes the negotiation balance — a complete waiver has a different value now.

Frequently Asked Questions

Related Reading

• Can a Prenup Waive Alimony in Florida?
• Is a Prenuptial Agreement Enforceable in Florida?
• What Happens in a Divorce Without a Prenup in Florida?
• Florida Prenuptial Agreement Attorney — Practice Area
• Fla. Stat. § 61.079 — Florida’s Prenup Statute, Explained

This article is general legal information about Florida law and is not legal advice. Whether a prenuptial or postnuptial agreement is enforceable depends on the specific facts, the parties' disclosures, and the circumstances of signing. Reading this content does not create an attorney-client relationship with Pazos Law Group. Florida law changes over time; please consult a licensed Florida attorney about your situation.