Florida Alimony Attorney

By Nadia Pazos, Florida Family Law Attorney · AV Preeminent · 4.6★ Google (56 reviews)

Florida significantly reformed alimony in 2023. The framework that applied to divorces filed before July 1, 2023 is different from what applies now. Pazos Law Group represents both payers and recipients in Florida alimony matters under the current statute, Fla. Stat. § 61.08.

The 2023 Florida Alimony Reform

Florida enacted major alimony reform in 2023. Key changes:

• Permanent alimony eliminated for new cases filed on or after July 1, 2023
• Durational alimony caps tied to length of marriage
• Bridge-the-gap, rehabilitative, and durational remain available
• Modification rules clarified for retirement and supportive relationships

Existing permanent alimony orders generally remain enforceable; the reform applies prospectively to new cases.

The reform was enacted as Senate Bill 1416 and took effect July 1, 2023. Beyond ending permanent alimony, it placed a ceiling on the amount of durational alimony — an award generally may not exceed the lesser of the recipient’s reasonable need or 35% of the difference between the parties’ net incomes. It also gave Florida courts a clearer framework for reducing or ending alimony when the paying spouse retires or when the recipient enters a supportive relationship. Because the law changed, the date a case was filed matters: petitions filed before July 1, 2023 are governed by the prior framework, while everything filed since is decided under the current statute.

Need and Ability to Pay: Florida’s Threshold Test

Before a Florida court reaches the question of which type of alimony to award or how much, it must answer two threshold questions under Fla. Stat. § 61.08. First, does the spouse asking for support have an actual need for it? Second, does the other spouse have the ability to pay? Both answers must be yes. If the requesting spouse cannot show a genuine need, or the other spouse genuinely cannot afford to pay, no alimony is awarded — regardless of how long the marriage lasted.

This is why alimony cases turn so heavily on financial evidence. Each spouse files a sworn financial affidavit, and the figures in it — income, reasonable monthly expenses, assets, and debts — drive the analysis. In contested cases those numbers are tested through discovery, and where a spouse is self-employed or owns a business, through a forensic review of actual cash flow rather than reported income.

Types of Florida Alimony

Bridge-the-Gap

Short-term, identifiable transition needs (deposits, short-term living expenses). Capped at 2 years. Not modifiable.

Rehabilitative Alimony

Designed to help a spouse complete education or training to become self-supporting. Requires a specific written rehabilitative plan. Generally limited to 5 years.

Durational Alimony

Economic assistance for a set period. Under the 2023 reforms, duration cannot exceed:

• 50% of the length of a short-term marriage (under 10 years)
• 60% of a moderate-term marriage (10–20 years)
• 75% of a long-term marriage (20+ years)

Durational alimony is generally not available for a marriage of fewer than three years. Where it is awarded, the 2023 reform also caps the monthly amount at the lesser of the recipient’s reasonable need or 35% of the difference between the parties’ net incomes. Florida defines a short-term marriage as one lasting under 10 years, a moderate-term marriage as 10 to 20 years, and a long-term marriage as 20 years or longer — and that classification shapes both the type and the maximum length of any award.

Temporary Alimony

Also called alimony pendente lite, temporary alimony is support paid while the divorce itself is still pending. It is governed by Fla. Stat. § 61.071 and ends when the final judgment is entered. Its purpose is to keep both households stable during the case; it does not predetermine what, if any, alimony will be ordered in the final judgment.

What Florida Courts Consider

Under Fla. Stat. § 61.08, the court considers:

• The standard of living established during the marriage
• Duration of the marriage
• Age, physical, and emotional condition of each spouse
• Financial resources of each party, including non-marital assets
• Earning capacity, education, and employability
• Contribution to the marriage (homemaker, caregiver, career sacrifices)
• Responsibilities for minor children
• Tax treatment and consequences
• Sources of income, including investments

How Florida Alimony Is Taxed

For any divorce or separation agreement executed after December 31, 2018, the federal tax treatment of alimony changed under the 2017 Tax Cuts and Jobs Act. Alimony is no longer deductible by the spouse who pays it, and it is no longer treated as taxable income to the spouse who receives it. Florida has no state income tax, so there is no separate state-level alimony tax.

This matters during negotiation. Because the payer no longer receives a deduction, a dollar of alimony now costs a full pre-tax dollar — which affects how much support is realistically affordable and how alimony is weighed against property division. Agreements signed on or before December 31, 2018 generally keep the older deductible-and-taxable treatment unless they are later modified to adopt the current rule.

Modifying or Terminating Florida Alimony

Florida alimony can typically be modified or terminated based on substantial change in circumstances:

• Retirement of the paying spouse
• Significant change in income (either party)
• Supportive relationship of the receiving spouse (Fla. Stat. § 61.14)
• Remarriage of the receiving spouse (terminates most forms)

The change must generally be substantial, material, involuntary, and not contemplated at the time of the original award. Bridge-the-gap alimony is the exception — once ordered, it cannot be modified in amount or duration. The 2023 reform gave courts specific guidance in two recurring situations. When a paying spouse reaches normal retirement age and actually retires, the court may reduce or terminate alimony after weighing the payer’s age, health, the motivation and timing of the retirement, and the economic impact on both parties. And when the spouse receiving alimony is in a supportive relationship — effectively sharing finances and a household with another person — Fla. Stat. § 61.14 allows the court to reduce or end the award.

See our blog post on modifying Florida alimony and child support.

Alimony in High-Net-Worth Florida Divorce

HNW alimony cases involve:

• Normalizing income for business owners (avoiding double-dipping)
• Lifestyle analysis by forensic accountants
• Treatment of equity compensation, deferred comp, and trust distributions
• Tax structuring of payments

For details, see divorce for business owners in Florida and forensic accountants in Florida divorce.

Florida Alimony Calculator

Use our Florida Alimony Calculator to estimate alimony under the current statute.

Frequently Asked Questions

Is permanent alimony still available in Florida?

No, for divorces filed on or after July 1, 2023. Existing permanent alimony orders from before that date generally remain enforceable.

How long does Florida alimony last under the 2023 reforms?

Durational alimony cannot exceed 50% of a short-term marriage (under 10 years), 60% of a moderate marriage (10-20 years), or 75% of a long-term marriage (20+ years).

Can alimony be waived in a prenup?

Yes. Florida prenuptial and postnuptial agreements can waive or modify alimony, subject to Fla. Stat. § 61.079 standards (full disclosure, voluntary execution, substantive fairness).

Does adultery affect Florida alimony?

Florida is a no-fault state, but adultery can affect alimony if marital assets were dissipated on the affair (gifts to a paramour, travel, hotels).

How is alimony calculated for self-employed spouses?

Income normalization by a forensic accountant. The court considers actual cash flow, not just reported W-2 income.

What is the difference between durational and rehabilitative alimony?

Rehabilitative alimony funds a specific, written plan to become self-supporting — for example, completing a degree or licensing program — and ends when the plan is complete, capped at five years. Durational alimony provides general economic support for a set period after shorter and moderate-term marriages and is not tied to a training plan.

Can I receive alimony while the divorce is still going on?

Possibly. Temporary alimony — alimony pendente lite — under Fla. Stat. § 61.071 can be ordered to keep both households stable while the case is pending. It is decided on the same need-and-ability-to-pay analysis and ends when the final judgment is entered.

Pazos Law Group represents clients in family law matters throughout South Florida and across the state — learn more about working with a Miami divorce attorney or our statewide Florida divorce attorney practice.

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.