Alimony in Florida After the 2023 Reform

Short answer: Since July 1, 2023, Florida no longer awards permanent alimony in new cases. Courts can award temporary, bridge-the-gap, rehabilitative or durational alimony, with limits tied to the length of the marriage, and the amount is generally capped. The person asking for alimony must show a need for support and the other spouse's ability to pay.

Florida's alimony law changed significantly when a reform bill took effect on July 1, 2023. If your understanding of alimony comes from a friend's divorce a few years ago, it may no longer apply.

What changed

Permanent alimony was eliminated for new awards.
Durational alimony now has firm limits tied to the length of the marriage.
The amount is generally capped at the lesser of the recipient's reasonable need or a percentage of the difference between the spouses' net incomes.
Retirement is addressed directly, giving courts a framework for modifying support when the paying spouse retires.

Types of alimony still available

Temporary. Support while the divorce is pending, to keep both households running.
Bridge-the-gap. Short-term help with identifiable needs as a spouse moves from married to single life, limited to two years.
Rehabilitative. Support while a spouse completes education or training under a specific plan, limited to five years.
Durational. Support for a set time based on need and the length of the marriage.

How length of marriage matters

Florida measures a marriage from the wedding date to the date the divorce petition is filed. Under the reformed law:

Marriages under 3 years generally do not qualify for durational alimony.
For short marriages (under 10 years), durational alimony may not exceed 50 percent of the length of the marriage.
For moderate marriages (10 to 20 years), it may not exceed 60 percent.
For long marriages (20 years or more), it may not exceed 75 percent.

Exceptions exist: Courts can exceed some limits only in exceptional circumstances, and adultery can be considered. These details turn on specific facts, so get advice about your situation.

Need and ability to pay

The spouse requesting alimony has to prove a real need for support and that the other spouse can pay. Judges look at both spouses' incomes, earning capacity, the standard of living during the marriage, each spouse's contributions, health and age, and the tax effects. Detailed financial affidavits and a realistic budget are the foundation of any alimony case.

What about older alimony awards?

People paying or receiving alimony under older judgments often ask whether the reform changes their award. The answer depends on the type of award and the circumstances, and courts are still working through how the new law applies to existing orders. Changes such as retirement, a significant drop in income or a supportive relationship may justify a modification.

Under Florida's current law, alimony is about a transition, not a lifetime arrangement.

When to talk to a lawyer

Whether you may pay or receive support, a consultation can show what is realistic under the new rules. Heather Harris Law handles alimony and alimony modifications for clients across Brevard County.

Frequently asked questions

Is permanent alimony still awarded in Florida?

No. The 2023 reform eliminated permanent alimony for new awards. Temporary, bridge-the-gap, rehabilitative and durational alimony remain available.

How long can alimony last after a 20-year marriage?

For a long marriage of 20 years or more, durational alimony generally cannot exceed 75 percent of the length of the marriage, absent exceptional circumstances.

Can I modify alimony if I retire?

The reformed law gives courts a framework to consider modifying or ending alimony when the paying spouse reaches a reasonable retirement age and retires. Timing and notice matter, so get advice before retiring.

Heather Harris Law, 650 South Courtenay Parkway, Suite 101, Merritt Island, FL 32952. Call (321) 452-7055. Heather Harris spent thirteen years as an Assistant State Attorney before opening her practice and is licensed in Florida and Alabama. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.