Florida Alimony Reform 2023 (SB 1416): What Changed and What It Means

Which Florida Statutes Govern Alimony? (§ 61.08, as amended eff. 1 July 2023)

Florida alimony is governed by Fla. Stat. § 61.08, rewritten by ch. 2023-315 and applicable to petitions pending or filed on or after 1 July 2023. Every proposition below is tied to the pinpoint subsection that supports it. Links go to the official text published by the Florida Legislature.

• § 61.08(1)(a) — lists the forms of alimony a court may award — temporary, bridge-the-gap, rehabilitative, or durational; permanent alimony is excluded by omission from this list.
• § 61.08(1)(b) — requires written findings of fact stating the type of alimony and the length of the award.
• § 61.08(2)(a) — requires a specific, factual determination of actual need and ability to pay, and places the burden on the party seeking alimony.
• § 61.08(3) — lists the factors in paragraphs (a) through (h): duration, standard of living, age and condition, resources and income, earning capacity, contributions, responsibility for children, and equity.
• § 61.08(4) — allows a life insurance policy or bond to secure the award, but only on specific findings of special circumstances.
• § 61.08(5) — defines short-term as under 10 years, moderate-term as 10 to 20 years, and long-term as 20 years or longer, measured from marriage to the date of filing.
• § 61.08(6) — caps bridge-the-gap alimony at 2 years and makes it nonmodifiable in amount and duration.
• § 61.08(7)(b) — requires a specific and defined rehabilitative plan in the order.
• § 61.08(7)(c) — caps rehabilitative alimony at 5 years.
• § 61.08(8)(a) — bars durational alimony after a marriage lasting less than 3 years.
• § 61.08(8)(b) — caps durational alimony at 50 percent of a short-term, 60 percent of a moderate-term, and 75 percent of a long-term marriage.
• § 61.08(8)(c) — caps the amount at reasonable need or 35 percent of the difference between the parties’ net incomes, whichever is less.
• § 61.08(9) — prohibits an award that leaves the payor with significantly less net income than the recipient absent written findings of exceptional circumstances.
• § 61.08(11) — applies the current statute to all initial petitions pending or filed on or after 1 July 2023.
• § 61.14(1)(b) — governs reduction or termination based on a supportive relationship.
• § 61.071 — authorizes alimony pendente lite and suit money while the case is pending.
• § 61.075(9) — directs the court to distribute the marital estate first and then consider alimony.
• § 61.30(2) — supplies the net income calculation used for the 35 percent cap.
• § 61.16 — governs attorney’s fee awards between the parties.
• § 61.021 — requires 6 months of Florida residency before the petition that starts the alimony analysis.
• § 61.052 — makes Florida a no-fault state; fault is not an element of an alimony claim.
• § 61.19 — bars entry of a final judgment awarding alimony until at least 20 days after filing, absent a showing that the delay would cause injustice.
• § 61.13(2)(c)1. — supplies the equal time-sharing presumption that shapes the child-responsibility factor in § 61.08(3)(g).
• § 44.102(2)(c) — refers parenting disputes litigated alongside alimony to family mediation.

Source: Florida Legislature, 2025 Florida Statutes. Fla. Stat. ch. 61 Fla. Stat. ch. 61

“In a proceeding for dissolution of marriage, the court may grant alimony to either party in the form or forms of temporary, bridge-the-gap, rehabilitative, or durational alimony, as is equitable.” — Fla. Stat. § 61.08(1)(a)

“An award of durational alimony may not exceed 50 percent of the length of a short-term marriage, 60 percent of the length of a moderate-term marriage, or 75 percent of the length of a long-term marriage.” — Fla. Stat. § 61.08(8)(b)

“The amount of durational alimony is the amount determined to be the obligee’s reasonable need, or an amount not to exceed 35 percent of the difference between the parties’ net incomes, whichever amount is less.” — Fla. Stat. § 61.08(8)(c)

Answers to the Questions the Statute Actually Decides

Was permanent alimony abolished in Florida in 2023?

The 2023 rewrite of § 61.08(1)(a) lists only temporary, bridge-the-gap, rehabilitative, and durational alimony. Permanent alimony is unavailable because it no longer appears in the statutory list of forms — not because the statute contains a sentence repealing it.

How long can durational alimony last under § 61.08(8)(b)?

No longer than 50 percent of a short-term marriage, 60 percent of a moderate-term marriage, or 75 percent of a long-term marriage. Under § 61.08(5) those brackets are under 10 years, 10 to 20 years, and 20 years or longer, measured from the date of marriage to the date the petition was filed.

Is there a cap on the amount of alimony?

Yes, for durational alimony. § 61.08(8)(c) caps it at the lesser of the recipient’s reasonable need or 35 percent of the difference between the parties’ net incomes. Separately, § 61.08(9) bars an award that leaves the payor with significantly less net income than the recipient absent written findings of exceptional circumstances.

Which cases does the 2023 statute apply to?

§ 61.08(11) applies the current version to all initial petitions for dissolution of marriage, or for support unconnected with dissolution, that were pending or filed on or after 1 July 2023.

Statutory authority checked against the 2025 Florida Statutes on 6 August 2026.