Florida Alimony Law: Fla. Stat. § 61.08 (2023 Reform) Explained

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

On July 1, 2023, Florida fundamentally restructured its alimony statute through Senate Bill 1416. Permanent alimony was eliminated. Four forms remain, each with new statutory caps tied to the length of the marriage. This guide explains Fla. Stat. § 61.08 as it now stands, the factors courts apply, the maximum amounts and durations, and how modification works.

What § 61.08 Governs

Fla. Stat. § 61.08 is the Florida alimony statute. It defines the available forms of alimony, the factors a court must consider, the statutory caps on duration and amount, and the procedural framework for award and modification. The statute applies in dissolution-of-marriage actions and reaches all questions about post-divorce spousal support.

The 2023 Reform (SB 1416)

Effective July 1, 2023, Senate Bill 1416 restructured Florida alimony law. The substantive changes include:

• Permanent alimony eliminated. No new permanent alimony awards may be entered. Existing permanent awards entered before July 1, 2023 remain in effect but are subject to modification under Fla. Stat. § 61.14.
• Durational alimony capped by marriage length. See the duration table below.
• Maximum amount formula. Durational alimony may not exceed the lesser of the recipient’s reasonable need or 35% of the difference between the parties’ net incomes.
• Rebuttable presumptions on duration. Short-term marriages now carry a presumption against durational alimony, overcomeable only by clear and convincing evidence of exceptional circumstances.
• Retirement provisions tightened. Reasonable retirement by the obligor is grounds for modification, but the obligor must show good faith.
• Cohabitation by the recipient can terminate or modify alimony.

The four-year run-up to the reform produced extensive practice commentary. Practitioners on both sides have noted that the statute leaves room for judicial interpretation, particularly around the “exceptional circumstances” standard and the “net income” calculation. Expect appellate clarification over the next several years.

The Four Types of Florida Alimony

1. Bridge-the-Gap Alimony

Bridge-the-gap alimony assists a party with legitimate, identifiable short-term needs in transitioning from married to single life. Under Fla. Stat. § 61.08(6), the maximum duration is 2 years. Bridge-the-gap alimony is not modifiable in amount or duration; it terminates on the death of either party or remarriage of the recipient.

2. Rehabilitative Alimony

Rehabilitative alimony provides funds for the recipient to redevelop previous skills or acquire education, training, or work experience necessary for appropriate employment. Under § 61.08(7), a specific rehabilitative plan is required, including the cost and the time needed to complete it. The maximum duration is 5 years. Rehabilitative alimony is modifiable on a showing of substantial change or completion / failure of the plan.

3. Durational Alimony

Durational alimony provides economic assistance for a set period of time following a marriage of any length. Under § 61.08(8) (post-2023):

• Short-term marriage (under 10 years): durational alimony is presumed not warranted; if awarded, the duration may not exceed 50% of the marriage length.
• Moderate-term marriage (10 to under 20 years): durational alimony, if awarded, may not exceed 60% of the marriage length.
• Long-term marriage (20 years or more): durational alimony, if awarded, may not exceed 75% of the marriage length.

The court may extend the cap only on a showing of exceptional circumstances supported by clear and convincing evidence, considering the age and health of the recipient, the recipient’s caregiving responsibilities, and the financial impact of the marriage on the recipient’s career.

4. Temporary Alimony (Pendente Lite)

Temporary alimony is awarded during the pendency of the divorce action, under the court’s inherent equitable powers and Fla. Stat. § 61.071. It ends when the final judgment is entered. The standard for temporary alimony is need of the recipient and ability of the obligor to pay, evaluated on the current financial affidavits without a full factor-by-factor analysis.

The Maximum Amount Cap (35% Rule)

One of the most consequential 2023 changes is the maximum amount provision in Fla. Stat. § 61.08(8): durational alimony may not exceed the lesser of:

1. the obligee’s reasonable need, OR
2. 35% of the difference between the parties’ net incomes

This is the maximum, not the typical award. Courts can and routinely do award substantially less based on the 10 statutory factors in § 61.08(3). The 35% cap most often binds in high-income cases where the difference between the spouses’ net incomes is large.

“Net income” for the cap is calculated by taking gross income (broadly defined under Fla. Stat. § 61.30(2)) and subtracting taxes, mandatory deductions, and pre-existing support orders. Calculating “net income” correctly is a recurring source of dispute and frequently requires a forensic financial analysis.

The 10 Statutory Factors (§ 61.08(3))

In determining whether to award alimony, the type of alimony, and the amount, the court considers:

1. The standard of living established during the marriage and the anticipated needs and necessities of life for each party after the entry of the final judgment.
2. The duration of the marriage.
3. The age, physical, mental, and emotional condition of each party, including whether either party is physically or mentally disabled and the resulting impact on either the obligor’s ability to pay alimony or the obligee’s need for alimony.
4. The resources and income of each party, including the income generated from both non-marital and marital assets.
5. The earning capacities, educational levels, vocational skills, and employability of the parties.
6. The contribution of each party to the marriage, including services rendered in homemaking, child care, education, and career building of the other party.
7. The responsibilities each party will have with regard to any minor children.
8. Any other factor necessary for equity and justice between the parties, including the application of any tax provisions.
9. Any other relevant factors.
10. The court’s findings related to adultery, when relevant to a determination of the parties’ financial circumstances.

The court must make specific written findings on each applicable factor; failure to do so is reversible error. See, e.g., Crick v. Crick, 78 So. 3d 696 (Fla. 2d DCA 2012); Bauchman v. Bauchman, 253 So. 3d 1143 (Fla. 4th DCA 2018).

Modification of Alimony

Post-judgment modification of alimony is governed by Fla. Stat. § 61.14. The party seeking modification must show a substantial change in circumstances since the entry of the prior order.

Voluntary income reduction

Florida courts apply the rule of Pimm v. Pimm, 601 So. 2d 534 (Fla. 1992): an obligor cannot reduce alimony by voluntarily reducing income, except in circumstances of bona fide retirement or genuine career change. The leading retirement case extends Pimm into a multi-factor inquiry, considering the age of the obligor, customary retirement age in the obligor’s profession, motivation, and impact on the obligee.

Cohabitation

Fla. Stat. § 61.14(1)(b) permits modification or termination of alimony when the recipient is in a supportive relationship with someone with whom the recipient resides. The statute lists 11 factors the court considers (cohabitation duration, shared expenses, financial interdependence, etc.). The obligor bears the burden of proving a supportive relationship exists.

Remarriage and death

Alimony terminates automatically on the remarriage of the recipient (with limited exceptions for bridge-the-gap and rehabilitative awards that contain specific provisions). Alimony also terminates on the death of either party unless secured by a life insurance policy or other arrangement under § 61.08(3)(j).

Non-Modifiable Awards by Agreement

Parties may agree, in a properly executed marital settlement agreement, that alimony is non-modifiable. Florida courts enforce such provisions where the language is clear, the agreement was supported by full financial disclosure, and the recipient was represented by counsel (or knowingly waived representation). The leading enforcement framework is Casto v. Casto, 508 So. 2d 330 (Fla. 1987).

Non-modifiable alimony is most common in high-net-worth cases where both parties want certainty about future financial obligations.

Tax Treatment (Federal)

For divorce decrees executed after December 31, 2018, alimony is no longer deductible by the payor or includible in the recipient’s gross income for federal income tax purposes (Tax Cuts and Jobs Act of 2017, codified at IRC § 71 (repealed) and § 215 (repealed)). This shift fundamentally affects negotiation strategy: pre-2019 alimony was effectively a transfer of income to a lower tax bracket; post-2018 alimony is a transfer of after-tax dollars.

Decrees executed before 2019 generally retain pre-TCJA tax treatment. Modifications of pre-2019 decrees can be drafted to preserve or to change the tax treatment, depending on the parties’ agreement.

Try the Florida Alimony Calculator

Pazos Law Group offers a free Florida Alimony Calculator that estimates the eligible alimony type, maximum duration, and maximum monthly amount under the post-2023 framework in Fla. Stat. § 61.08. The calculator is for estimation purposes only and is not a substitute for legal advice on a specific case.

Frequently Asked Questions

Related Reading

• Florida Alimony Calculator (2026) — instant estimate under § 61.08
• Florida Time-Sharing Law: Fla. Stat. § 61.13 Explained
• Florida Alimony: The 4 Types After 2023 Reform — blog post
• Modifying Florida Child Support and Alimony
• Florida Family Law Glossary

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.