Modifying Child Support or Alimony in Florida: When and How

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

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.

Life changes after a divorce. Income changes, jobs change, children grow up, and circumstances shift. Florida law allows child support and alimony to be modified — but only when there’s a substantial change in circumstances.

A divorce judgment isn’t always the final word. Florida law recognizes that life changes and provides a process for modifying both child support and most types of alimony when circumstances substantially change. This article explains when modification is possible, what counts as a “substantial change,” and how the process works.

The Substantial Change Standard

To modify child support or alimony in Florida, the party seeking modification must generally show:

• A substantial change in circumstances;
• That the change is material;
• That the change was not contemplated by the parties at the time of the original order; and
• That the change is permanent rather than temporary.

This four-part test is intentionally high. Florida courts want stability in family law orders. Minor or temporary changes don’t qualify.

Modifying Child Support

Child support modifications are governed by Fla. Stat. § 61.30 and Florida case law. The most common grounds for modification:

1. Change in income

A substantial increase or decrease in either parent’s income. Florida case law generally treats a 15% change in the calculated child support amount as substantial. Smaller changes typically don’t qualify.

2. Change in time-sharing

If the time-sharing schedule materially changes (for example, one parent now has the children significantly more or less than before), child support recalculation is appropriate.

3. Change in the child’s needs

Major changes in the child’s needs — medical conditions, special education requirements, or extracurricular costs — can justify modification.

4. New children

If a paying parent has a new child, support may be recalculated to account for the obligation to support that child as well.

5. Reaching adulthood

Florida child support generally terminates when the child turns 18 (or graduates from high school, up to age 19). When one of multiple children ages out, support for the remaining children typically needs recalculation.

Modifying Alimony

Most types of Florida alimony can be modified, but the rules differ by type. After Florida’s 2023 alimony reform, the categories are:

Bridge-the-gap alimony

Not modifiable. Bridge-the-gap alimony is fixed in amount and duration.

Rehabilitative alimony

Modifiable on a substantial change in circumstances or noncompliance with the rehabilitation plan.

Durational alimony

Amount is generally modifiable on a substantial change in circumstances. Duration is more difficult to modify but possible in limited circumstances.

Temporary alimony

Modifiable during the divorce by motion as circumstances change.

Common Grounds for Alimony Modification

1. Change in income

Substantial, permanent change in either party’s income. Loss of employment, promotion, retirement, or business changes can all qualify.

2. Retirement of paying spouse

The 2023 alimony reform clarified that the paying spouse’s reaching normal retirement age can be grounds for modification or termination, subject to a fact-specific analysis.

3. Cohabitation by recipient

Under Fla. Stat. § 61.14(1)(b), alimony can be modified or terminated if the receiving spouse is in a “supportive relationship.” Florida courts apply a multi-factor test. Cohabitation alone isn’t enough; the relationship must include shared finances and the indicia of marriage.

4. Recipient’s improved circumstances

If the receiving spouse’s financial situation has improved substantially — through inheritance, new employment, or other means — reduction or termination may be appropriate.

5. Disability or health change

Major health changes affecting either party’s ability to pay or earn can support modification.

What Generally Cannot Be Modified

• Bridge-the-gap alimony — not modifiable by statute.
• Voluntary income reductions. If a paying spouse voluntarily quits a job or accepts a lower-paying position, courts often impute income at the prior level rather than reduce support.
• Lump-sum or property settlements. Property division in the original judgment is final and cannot be modified absent fraud.
• Equitable distribution. Florida law treats equitable distribution as a final resolution.

The Modification Process

1. File a Supplemental Petition for Modification in the same court that entered the original order.
2. Serve the other party.
3. Exchange financial documents under Florida Family Law Rule of Procedure 12.285.
4. Discovery as needed: depositions, subpoenas, expert reports.
5. Mediation — required in most contested cases in Miami-Dade.
6. Hearing or trial if no agreement is reached.
7. Court order modifying or denying modification.

Are Modifications Retroactive?

Florida child support modifications can generally be retroactive only to the date of filing the petition for modification. Alimony modifications are similarly limited. This means delay costs money — if circumstances have changed, file promptly.

The Bottom Line

Florida child support and most alimony orders can be modified when circumstances substantially, materially, and permanently change. The standard is high but achievable in real-world situations like job loss, retirement, custody changes, or remarriage. If your circumstances have changed significantly since your original judgment, an early consultation with a family law attorney can help you understand whether modification is realistic in your situation.

Frequently Asked Questions

Related Reading

• Modifying a Florida Parenting Plan (§ 61.13)
• Florida Divorce Financial Affidavit Guide (Form 12.902)
• Florida Alimony — Practice Area
• Florida Alimony Types — Post-2023 Reform
• Florida Alimony Calculator (Free)
• Florida Child Support Calculator (Free)
• Florida Family Law Glossary — 32+ Plain-English Definitions
• How Much Does a Divorce Cost in Florida in 2026?
• How Long Does a Divorce Take in Miami-Dade in 2026?

Get Help in Your City

Pazos Law Group represents clients throughout South Florida:

• Coral Gables Divorce Attorney
• Doral Divorce Attorney
• Brickell Divorce Attorney

The information on this page is for general informational purposes only and does not constitute legal advice. Reading or sharing this content does not create an attorney-client relationship with Pazos Law Group. Florida law and the application of statutes change over time; please consult a licensed Florida attorney about your specific situation.