Florida Alimony Attorney

By Nadia Pazos, Florida Family Law Attorney · AV Preeminent (Martindale-Hubbell) · 4.6★ Google (50+ reviews) · Updated August 6, 2026

Florida alimony is governed by Fla. Stat. § 61.08, rewritten by ch. 2023-315. Under § 61.08(11) the current version applies “to all initial petitions for dissolution of marriage or support unconnected with dissolution of marriage pending or filed on or after July 1, 2023.” Four forms remain available; permanent alimony is no longer among them.

The 2023 rewrite changed the menu, the math, and the findings a judge must make. Everything below is keyed to the current text of § 61.08; the official version is at leg.state.fl.us — Fla. Stat. § 61.08.

What types of alimony can a Florida court award? (§ 61.08(1)(a))

Four. § 61.08(1)(a) provides that “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,” and may order “periodic or lump sum payments.” The same paragraph allows the court to “consider the adultery of either spouse and any resulting economic impact in determining the amount of alimony, if any, to be awarded.”

• Bridge-the-gap — § 61.08(6): awarded “to provide support to a party in making the transition from being married to being single” and to assist “with legitimate identifiable short-term needs.” It “may not exceed 2 years,” terminates on death or the obligee’s remarriage, and “is not modifiable in amount or duration.”
• Rehabilitative — § 61.08(7)(a): awarded to establish “the capacity for self-support” through redevelopment of previous skills or credentials, or acquisition of education, training, or work experience. § 61.08(7)(b) requires “a specific and defined rehabilitative plan included as a part of any order,” and § 61.08(7)(c) caps it: it “may not exceed 5 years.”
• Durational — § 61.08(8)(a): awarded “to provide a party with economic assistance for a set period of time.” It “may not be awarded following a marriage lasting less than 3 years.”
• Temporary — support during the case; see § 61.071 below.

Did Florida eliminate permanent alimony in 2023?

In effect, yes — by omission rather than by an express repeal sentence. The forms a court may award are the closed list in § 61.08(1)(a), and permanent alimony is not on it. Existing permanent awards entered under the prior statute are not erased; they continue to be governed by § 61.14. The change applies going forward under § 61.08(11) to petitions “pending or filed on or after July 1, 2023.”

How does a judge decide whether I get alimony at all? (§ 61.08(2)(a))

Two findings come first, in order. § 61.08(2)(a): the court “shall first make a specific, factual determination as to whether the party seeking support, maintenance, or alimony has an actual need for it and whether the other party has the ability to pay.” The same paragraph places the burden squarely on the requesting spouse, who must prove “his or her need… and the other party’s ability to pay.” No need or no ability ends the inquiry.

The findings must be written. § 61.08(2)(b) requires “written findings of fact relative to the factors provided in subsection (3),” and requires written findings “as to the lack of need or lack of ability to pay in denying a request.” § 61.08(1)(b) adds that the court must make written findings on “the type of alimony and the length of time for which the alimony is awarded.” Missing findings are the most common ground of reversal on appeal.

What factors does the court weigh? (§ 61.08(3))

Eight, lettered (a) through (h): the duration of the marriage; the standard of living established during the marriage; the age and physical, mental, and emotional condition of each party; the resources and income of each party, “including the income generated from both nonmarital and marital assets”; earning capacities, educational levels, vocational skills, and employability; each party’s contribution to the marriage, “including… services rendered in homemaking, child care, education, and career building of the other party”; the responsibilities each party will have for the parties’ minor children; and, under § 61.08(3)(h), “[a]ny other factor necessary for equity and justice between the parties, which shall be specifically identified in the written findings of fact.”

How long can durational alimony last? (§ 61.08(8)(b) and § 61.08(5))

Duration is now formula-bound. § 61.08(8)(b): 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.” The brackets come from § 61.08(5), which creates “a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 10 years, a moderate-term marriage is a marriage having a duration between 10 and 20 years, and a long-term marriage is a marriage having a duration of 20 years or longer.” The same subsection fixes how the clock is read: “[t]he length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage.”

A 12-year marriage is therefore moderate-term, and durational alimony from it is capped at roughly 7.2 years. Under § 61.08(8)(a) the length of a durational award “may not be modified except under exceptional circumstances and may not exceed the length of the marriage except as set forth in this subsection.”

How much can durational alimony be? (§ 61.08(8)(c))

There is now a hard ceiling on amount as well as on time. § 61.08(8)(c): the amount “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.” A separate floor protects the payor: under § 61.08(9), an award “may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances.”

Can I get support while the case is pending? (§ 61.071)

Yes. § 61.071 provides that in a dissolution proceeding “a party may claim alimony and suit money in the petition or by motion, and if the petition is well founded, the court shall allow a reasonable sum therefor.” Temporary alimony is one of the four forms listed in § 61.08(1)(a) and is decided long before the final judgment, which under § 61.19 cannot be entered “until at least 20 days have elapsed from the date of filing the original petition.”

When can alimony be modified or terminated? (§ 61.14(1)(a))

§ 61.14(1)(a) is the modification statute. It opens the door when, after the agreement or order, “the circumstances or the financial ability of either party changes,” and gives the circuit court “jurisdiction to make orders as equity requires, with due regard to the changed circumstances or the financial ability of the parties,” decreasing, increasing, or confirming the award. Two limits matter: bridge-the-gap alimony “is not modifiable in amount or duration” (§ 61.08(6)), and the length of a durational award may be modified only “under exceptional circumstances” (§ 61.08(8)(a)).

How does property division affect alimony? (§ 61.075(9))

Order of operations is set by statute. § 61.075(9): the court “may provide for equitable distribution of the marital assets and liabilities without regard to alimony,” and “[a]fter the determination of an equitable distribution… the court shall consider whether a judgment for alimony shall be made.” Property is divided first; alimony fills what the division leaves. The division itself begins from the premise in § 61.075(1) “that the distribution should be equal, unless there is a justification for an unequal distribution.” (official text of § 61.075.)

Retirement assets are distributed, not paid as alimony. § 61.076(1) makes “[a]ll vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs” marital assets subject to equitable distribution — see dividing retirement accounts in a Florida divorce.

How does child support interact with alimony? (§ 61.30)

Child support is computed separately under § 61.30, whose subsection (1)(a) makes the guideline figure the amount that “presumptively establishes the amount the trier of fact must order,” with any variance beyond 5 percent allowed “only upon a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate.” The parenting schedule feeds directly into that number: § 61.30(11)(b)8. defines “substantial amount of time” as time-sharing of “at least 20 percent of the overnights of the year,” which triggers the mandatory gross-up adjustment. Schedules are set under § 61.13. Because both awards run off the same net income, an alimony number cannot be evaluated in isolation from the support number.

Can a prenup or settlement agreement waive alimony? (§ 61.079(4)(a)4.)

Yes. § 61.079(4)(a)4. permits parties to contract about “[t]he establishment, modification, waiver, or elimination of spousal support.” The statutory limit is § 61.079(7)(b): where the waiver would make a spouse “eligible for support under a program of public assistance,” the court may order support to the extent necessary to avoid that eligibility. A waiver inside a post-marriage settlement agreement is governed instead by Florida common law — Casto v. Casto, 508 So. 2d 330 (Fla. 1987) supplies the grounds for setting such an agreement aside. See our page on Florida prenuptial agreements.

Who pays the attorney’s fees in an alimony case? (§ 61.16(1))

Not necessarily the spouse who hired the lawyer. § 61.16(1) permits the court, “after considering the financial resources of both parties, [to] order a party to pay a reasonable amount for attorney’s fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings and appeals.” That is what allows a lower-earning spouse to litigate an alimony claim at all. Jurisdiction over the case itself requires § 61.021 residency — “one of the parties to the marriage must reside 6 months in the state before the filing of the petition” — and a ground under § 61.052(1)(a), that “[t]he marriage is irretrievably broken.”

How Pazos Law Group handles a Florida alimony case

Nadia Pazos has practiced Florida family law for more than 20 years and litigates alimony from the firm’s Coral Gables office, in English and Spanish. The work is built around what § 61.08 now requires: a documented need-and-ability record under § 61.08(2)(a); a marriage-length calculation to the filing date under § 61.08(5); net-income figures tested against the 35 percent ceiling in § 61.08(8)(c); and proposed written findings that satisfy § 61.08(1)(b) and § 61.08(2)(b). Estimates can be modelled with our Florida alimony calculator.

Frequently Asked Questions

How long do you have to be married to get alimony in Florida?

There is no minimum for most forms, but § 61.08(8)(a) provides that durational alimony “may not be awarded following a marriage lasting less than 3 years.” Marriage length also sets the durational cap through § 61.08(5): short-term is under 10 years, moderate-term between 10 and 20 years, and long-term 20 years or longer.

Is permanent alimony still available in Florida?

No. § 61.08(1)(a) allows alimony only “in the form or forms of temporary, bridge-the-gap, rehabilitative, or durational alimony,” and permanent alimony is not on that list. Under § 61.08(11) the current statute governs petitions pending or filed on or after July 1, 2023. Awards entered under the prior law remain subject to modification under § 61.14.

What is the maximum durational alimony in Florida?

Two ceilings apply. On duration, § 61.08(8)(b) caps an award at 50 percent of the length of a short-term marriage, 60 percent of a moderate-term marriage, or 75 percent of a long-term marriage. On amount, § 61.08(8)(c) limits it to the obligee’s reasonable need or 35 percent of the difference between the parties’ net incomes, whichever is less.

What factors do Florida judges consider for alimony?

The eight factors in § 61.08(3): duration of the marriage; standard of living during the marriage; age and physical, mental and emotional condition; resources and income of each party including income from nonmarital assets; earning capacities and employability; contributions to the marriage including homemaking and child care; responsibilities for the parties’ minor children; and any other factor necessary for equity and justice, which must be identified in the written findings.

Can alimony be changed after the divorce?

Sometimes. § 61.14(1)(a) permits modification when “the circumstances or the financial ability of either party changes.” But bridge-the-gap alimony “is not modifiable in amount or duration” under § 61.08(6), and the length of a durational award may be modified only “under exceptional circumstances” under § 61.08(8)(a).

Can I get alimony while the divorce is still pending?

Yes. § 61.071 allows a party to claim “alimony and suit money” by petition or motion, and provides that if the claim is well founded “the court shall allow a reasonable sum therefor.” Temporary alimony is one of the four forms listed in § 61.08(1)(a).

Does adultery affect alimony in Florida?

It can, but only economically. § 61.08(1)(a) permits the court to “consider the adultery of either spouse and any resulting economic impact in determining the amount of alimony, if any, to be awarded.” Florida remains a no-fault state for grounds under § 61.052(1)(a).

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This page is general information. Florida alimony is fact-specific and depends on the post-2023 reform framework. Reading this page does not create an attorney-client relationship.