Alimony rules in Florida: what you need to know in 2025

Last updated 2026-07-09

What did Florida's 2023 alimony law actually change?

Florida Governor Ron DeSantis signed HB 1409 on June 30, 2023, effective July 1, 2023. That date matters. The law applies to all divorce cases filed on or after it, not to existing orders (unless a party separately moves to modify). The single biggest shift: permanent alimony is gone. Gone entirely. ^[1]

Before July 2023, a Florida court could order alimony to last until the paying spouse died or the recipient remarried, which in long marriages could mean decades of payments. Advocates for payers had pushed for this change for years. The new law replaced that option with durational alimony, now the longest category available, and set hard caps on how long awards can last and, for the first time, on how large the monthly amount can be.

Second change: a rebuttable presumption. If you were married for 20 years or less, there is now a legal starting assumption that alimony should not exceed 50% of the marriage's length. The spouse seeking alimony carries the burden of presenting facts that overcome that presumption. That reshapes how these cases get argued.

Third, the law limits total alimony (in most cases) to 35% of the difference between the spouses' net incomes. This income cap didn't exist in old Florida law. ^[1]

For an uncontested divorce, these changes are mostly good news procedurally. You and your spouse can negotiate an alimony agreement inside the new guardrails, and a judge is very likely to approve a reasonable deal you both sign.

What are the types of alimony available in Florida?

Florida law (Florida Statutes §61.08, as amended in 2023) recognizes four types of alimony. Each does a different job and fits a different situation. ^[2]

Type	Purpose	Maximum duration
Temporary	Supports a spouse during the divorce proceedings	Ends at final judgment
Bridge-the-gap	Helps spouse transition to single life; covers known, short-term needs	2 years max
Rehabilitative	Supports education or training so the spouse can become self-sufficient	5 years max
Durational	Provides support for a set period after a marriage; now the longest available	Capped at length of marriage

Temporary alimony is what courts grant while your divorce is pending. It holds the financial status quo so neither spouse is left without income during what can be a many-month process. It evaporates the moment the final judgment is signed.

Bridge-the-gap alimony is short by design. It covers specific, identifiable needs like a few months of rent while the receiving spouse gets back on their feet. Two years is the hard ceiling. Courts cannot modify the amount or duration once it's ordered, which makes it unusual among the categories.

Rehabilitative alimony requires the receiving spouse to submit a rehabilitation plan, an actual written plan describing the training, education, or work experience they intend to pursue and the timeline for getting there. No plan, no rehabilitative alimony. Courts can modify this type if circumstances change or the spouse fails to follow the plan.

Durational alimony is now the workhorse of Florida spousal support. It's for marriages where bridge-the-gap or rehabilitative alimony isn't enough but there's no justification for an indefinite award. The duration cannot exceed the length of the marriage, and the amount cannot exceed 35% of the difference between the spouses' net incomes unless the court finds exceptional circumstances. ^[2]

For an overview of how alimony works across the country before you look at Florida specifics, see our general alimony guide.

How does Florida decide whether alimony is appropriate at all?

Before a court gets to how much or how long, it answers a threshold question: does this spouse actually need support, and can the other actually pay? Florida Statutes §61.08(2) requires the court to make findings on both need and ability to pay. If either is missing, there's no alimony. Period. ^[2]

Once need and ability are established, the court works through a list of factors:

• The standard of living the couple established during the marriage
• How long the marriage lasted
• Each spouse's age, physical condition, and emotional condition
• Each spouse's financial resources, including non-marital and marital assets
• Each spouse's earning capacity, education level, vocational skills, and employability
• The contribution of each spouse to the marriage, including homemaking and childcare
• All sources of income available to either spouse
• Any other factor the court considers equitable

The list is broad on purpose. A judge has real discretion here, which is part of why alimony outcomes can feel unpredictable in contested cases. In an uncontested divorce, you and your spouse define what's equitable by agreement, and the court generally approves reasonable settlements.

One factor no longer appears in the statute: adultery. Under the pre-2023 law, courts could explicitly consider a spouse's adultery when setting alimony. The 2023 reform removed that provision. Fault is no longer a statutory factor, though courts keep some discretion under the catch-all "any other relevant factor" language. ^[1]

How long does someone have to be married to get alimony in Florida?

The 2023 law created three formal marriage-length categories that anchor the alimony analysis, and they matter a lot for durational alimony. ^[2]

Short-term marriages are under 10 years. There is a rebuttable presumption against awarding durational alimony for a short-term marriage. You can overcome that presumption with specific facts, but the default is no long-term support.

Moderate-term marriages are 10 to 20 years. Durational alimony is available, but the presumption is that it should not last more than 50% of the marriage's length. A 14-year marriage carries a starting assumption that alimony shouldn't run beyond 7 years.

Long-term marriages are over 20 years. Durational alimony can run up to 75% of the marriage's length. A 25-year marriage could produce up to about 18 years and 9 months of alimony, in theory, though the court still weighs all §61.08 factors.

These are presumptions, not ceilings carved in stone. A party can present evidence to justify a longer award, and courts keep discretion for exceptional circumstances. In an uncontested case where both spouses negotiate in good faith, these percentages give you a concrete framework.

For very short marriages, say 2 or 3 years, bridge-the-gap alimony is realistically the only type a court would seriously consider, and even then only if one spouse genuinely can't cover basic expenses. Asking for durational alimony after a 2-year marriage would likely go nowhere.

How much alimony will a Florida court actually award?

The 35% cap is the most concrete number the 2023 law produced. The general rule: the alimony award cannot exceed 35% of the difference between the payer's net income and the recipient's net income. ^[1]

Here's a simple example. Spouse A earns $8,000 per month net. Spouse B earns $2,000 per month net. The difference is $6,000. Thirty-five percent of $6,000 is $2,100. That $2,100 is the presumptive ceiling for a monthly award.

It's not an absolute cap. Courts can go above it in exceptional circumstances, which the statute doesn't define precisely, leaving room for judicial discretion. For planning purposes in an uncontested case, the 35%-of-difference formula is a useful starting point.

What courts can't do under the new law is combine alimony and child support in a way that leaves the payer with less than 25% of their net income. That's a separate floor built to keep an order from impoverishing the paying spouse. ^[2]

Beyond the math, courts look at actual living expenses. If Spouse B needs $3,500 per month to hold a lifestyle close to the couple's marital standard, but the 35% formula only supports $2,100, the court is constrained. The formula wins unless exceptional circumstances are documented.

In an uncontested divorce where both spouses agree on an amount, you have significant flexibility, as long as the number is reasonable and the court sees a genuine agreement rather than a coerced one. Courts are not required to apply the 35% cap to a mutually agreed settlement, though a wildly above-cap agreement might draw scrutiny.

When does alimony end in Florida?

Several events can terminate a Florida alimony obligation, and they work differently depending on whether termination is automatic or needs a court order. ^[2]

Remarriage of the recipient triggers automatic termination. The moment the receiving spouse legally remarries, alimony stops. The paying spouse doesn't need to return to court to make this happen, though as a practical matter you'd want to document it and stop payments promptly.

Death of either party also terminates alimony automatically. The obligation does not pass to a deceased payer's estate unless the original order specifically says otherwise, which is rare.

Supportive relationship (cohabitation) is the tricky one. Florida Statutes §61.14(1)(b) allows a court to reduce or terminate alimony if the recipient is in a "supportive relationship" with another person. This doesn't mean the recipient shares rent with a roommate. The court looks at whether the relationship is financially supportive, similar to a marriage. A payer who believes this is happening must file a motion and prove it. The 2023 law reinforced this provision and added a list of factors courts use to judge whether a supportive relationship exists. ^[2]

End of the ordered term is how durational alimony naturally ends. When the clock runs out, it's done. No court action needed.

Court modification can reduce or end alimony early if there's a substantial change in circumstances. The 2023 law specifically names retirement as a potential basis for modification, something that was contested under the old law. A paying spouse who reaches full retirement age under Social Security (currently 67 for those born after 1960) and retires can petition to reduce or terminate alimony, and the court cannot refuse to consider it simply because the retirement is voluntary, as long as it's in good faith. ^[1]

Can a Florida alimony order be modified after the divorce?

Yes, with conditions. Florida Statutes §61.14 governs post-judgment modification of alimony, and the standard requires a showing of substantial, material, and unanticipated change in circumstances. ^[2]

The change has to be real and significant, more than inconvenient. A payer whose income drops modestly after a voluntary job change probably won't succeed. A payer who loses a job to a layoff, becomes disabled, or retires at a genuine retirement age has a much better case.

On the recipient's side, a meaningful jump in income or earning capacity can support a downward modification. If the recipient who trained as a nurse during rehabilitative alimony now works full-time as a nurse, the payer can point to that when asking a court to reduce or end payments.

Bridge-the-gap alimony is the one exception. It cannot be modified in amount or duration once ordered. That's unusual. Every other type is modifiable.

If you and your former spouse want to change a prior agreement voluntarily, you can file a written modification agreement with the court for approval. That's far simpler and cheaper than contested modification litigation.

Modification of alimony orders entered before July 1, 2023 follows the old law's standards, not the new ones. The 2023 reform was explicitly not retroactive. Someone still paying permanent alimony under a pre-2023 order continues under those terms unless they file a separate modification motion and meet the substantial change standard.

How does alimony affect taxes in Florida divorces?

This is where federal law takes over, and the picture changed hard in 2019. The Tax Cuts and Jobs Act of 2017 (P.L. 115-97) eliminated the alimony deduction for the payer and the alimony income inclusion for the recipient for any divorce or separation agreement executed after December 31, 2018. ^[3]

So if your divorce is finalized in 2025, alimony is not deductible by the payer and not taxable income for the recipient. Period. The old rules (deductible for payer, taxable for recipient) apply only to agreements signed before January 1, 2019.

The IRS states it directly: "alimony and separate maintenance payments are not deductible by the payer spouse or includable in the income of the receiving spouse if made under a divorce or separation agreement executed after December 31, 2018." ^[3]

This matters a lot in negotiation. Under the old tax treatment, a $2,000 monthly payment effectively cost a high-bracket payer less after tax and gave the recipient a smaller after-tax benefit. Now there's no tax shuffle at all. The gross payment is the real cost to the payer and the real benefit to the recipient. Alimony agreements sized under the old tax assumptions may have been miscalibrated.

Florida itself has no state income tax, so there's no separate state-level alimony deduction or inclusion question. Federal law is the only game in town on taxes. ^[4]

What happens to alimony in an uncontested Florida divorce?

An uncontested divorce means you and your spouse agree on everything, including whether either of you receives alimony, how much, and for how long. That agreement goes into your marital settlement agreement (MSA), which you submit to the court with your petition.

You have real flexibility in an uncontested case. You can waive alimony entirely (both spouses sign off, done). You can agree on an amount below what a court might award, which is perfectly legal. You can agree on a structure the statutes don't explicitly list, like a step-down arrangement where payments decrease over time, as long as the court finds it reasonable.

What you can't do is agree to something clearly unconscionable, or something that violates the new statutory framework in ways that harm a spouse who didn't understand what they signed. Courts do review MSAs for basic fairness, especially when one spouse is unrepresented.

The Florida Courts self-help center has form packets for uncontested divorce, including the financial affidavit forms (Form 12.902) that the court requires both spouses to file regardless of whether alimony is at issue. ^[5] Those affidavits carry weight. They're the factual base the court uses to check that an agreed alimony arrangement is grounded in reality.

If your situation is straightforward (both of you have income, the marriage was short to moderate, and you've agreed to waive alimony or set a modest fixed term), a document packet can handle the paperwork efficiently. DivorceClear's $149 complete document packet includes the MSA and all supporting forms tailored to Florida's current requirements, worth considering if attorney fees feel out of proportion to your situation.

For more on what paperwork an uncontested divorce takes in general, see our divorce papers guide.

What does Florida require in the marital settlement agreement about alimony?

If you're settling alimony by agreement, your marital settlement agreement needs to be specific. Vague language causes problems later. Florida courts expect the MSA to spell out:

• Whether alimony is awarded or waived
• The type of alimony (bridge-the-gap, rehabilitative, durational)
• The monthly or periodic amount
• The start date and end date, or triggering termination events
• Any modification provisions you're agreeing to, if different from the statutory defaults
• Whether the alimony obligation survives the payer's death (and if so, how it's secured)

For rehabilitative alimony, the rehabilitative plan must be attached or incorporated by reference. Courts will not approve rehabilitative alimony without it.

If you're waiving alimony, the waiver language needs to be clear and knowing. Something like: "Each party waives any right to seek alimony from the other, now and in the future, and this waiver survives the entry of final judgment." Courts have seen ambiguous waiver language lead to post-judgment alimony claims, so precision matters.

Once the MSA is signed and notarized (Florida requires notarization for MSAs), it's filed with your petition. The judge incorporates it into the final judgment. At that point it's a court order, more than a contract, which means violations get enforced through contempt proceedings rather than breach-of-contract suits.

How do Florida courts handle alimony when the paying spouse retires?

Retirement was one of the most contested corners of old Florida alimony law, because "permanent" alimony created situations where a 68-year-old on Social Security was still writing checks to a former spouse who had worked for 20 years post-divorce. Courts split on whether voluntary retirement was enough to justify a modification.

The 2023 law addressed this head-on. Under the amended §61.08 and §61.14, a paying spouse's retirement at a reasonable retirement age is explicitly recognized as a basis for modification or termination. The court cannot deny a modification petition solely because the retirement was voluntary. ^[1]

"Reasonable retirement age" tracks Social Security full retirement age, currently 67 for anyone born after 1960, per the Social Security Administration. ^[6] A paying spouse who retires at 67 and files to modify alimony has a much cleaner case under the new law than before 2023.

The receiving spouse can still contest the modification by showing the retirement was done in bad faith (for example, to dodge payments rather than for genuine retirement reasons) or that the payer has significant other income or assets. But the burden structure shifted. The new law leans toward allowing modification, not blocking it.

This change matters for settlement talks too. If the paying spouse is 55 and retirement is 12 years out, you'd be smart to address in the MSA what happens to alimony at retirement, rather than leaving it to a future court fight.

How do Florida's alimony rules compare to nearby states?

Florida's 2023 reform pushed it toward the more restrictive end of the southeastern spectrum. Here's a quick comparison of the key policy choices across a few neighboring states, based on their current statutes:

State	Permanent alimony available?	Amount formula?	Cohabitation ends alimony?
Florida	No (eliminated 2023)	35% of income difference (cap)	Yes, via court finding
Georgia	Yes (discretionary)	No statutory formula	Statutory, with conditions
Alabama	Yes (discretionary)	No statutory formula	Statutory, with conditions
North Carolina	Yes (discretionary)	No statutory formula	Yes, automatic on cohabitation
South Carolina	Yes (discretionary)	No statutory formula	Yes, via statute

Florida is now more structured than most of its neighbors. The explicit income-based cap and the presumptions tied to marriage length make Florida outcomes more predictable than Georgia or South Carolina, where judges keep broader discretion and permanent alimony remains on the table. ^[7][8]

If you moved to Florida from a state where you or your spouse had a prior alimony order, that prior order continues under the law of the originating state unless you register and modify it in Florida. Interstate alimony enforcement is governed by the Uniform Interstate Family Support Act (UIFSA), which Florida adopted at Florida Statutes §88.0011 et seq. ^[9]

What are the filing fees and costs involved in a Florida alimony case?

Filing an uncontested dissolution of marriage in Florida costs about $408 in most counties, though it varies slightly by circuit. ^[10] That fee covers the whole case, more than the alimony piece.

If your divorce is contested because alimony is disputed, costs climb fast. A contested alimony hearing might need financial expert testimony, vocational evaluations (to assess a spouse's earning capacity), and attorney fees for motion practice. Family law attorneys in Florida typically charge $250 to $450 per hour in major metro areas, and a contested alimony fight can run $5,000 to $20,000 or more depending on complexity.

Florida law lets courts order one spouse to pay the other's attorney fees in family law cases, under §61.16, based on each party's financial circumstances. ^[2] The provision keeps a wealthier spouse from winning by exhaustion. In practice, courts look at the relative financial positions of the parties, not who filed or who "caused" the dispute.

For couples with a clear agreement, skipping litigation entirely is the obvious move. See the divorce attorney guide for a realistic breakdown of when hiring one is worth the cost and when a document packet gets the job done.

The Florida Courts self-help page lists filing fee schedules by circuit and has fee waiver (indigency) forms if a spouse cannot afford the filing fee. ^[5]

Frequently asked questions

Does Florida still have permanent alimony?

No. Florida eliminated permanent alimony effective July 1, 2023, when Governor DeSantis signed HB 1409. Durational alimony is now the longest category available, and it cannot exceed the length of the marriage. Existing permanent alimony orders from before that date are not automatically changed, but the paying spouse can petition for modification based on a substantial change in circumstances.

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

There's no minimum marriage length that guarantees alimony, but the 2023 law creates a presumption against durational alimony for marriages under 10 years. Marriages of 10 to 20 years are presumed to support alimony of no more than 50% of the marriage's length, and marriages over 20 years may support alimony up to 75% of the marriage's length. Short marriages might still produce bridge-the-gap alimony.

Can a working spouse get alimony in Florida?

Yes, if they earn significantly less than the other spouse and meet the need-and-ability standard. Florida law doesn't require the recipient to be unemployed. A spouse earning $30,000 per year who was married 15 years to a spouse earning $120,000 per year could potentially receive durational alimony, since there's a clear income gap and documented need. The 35% income-difference cap would apply.

Is alimony taxable income in Florida?

For divorces finalized after December 31, 2018, no. The Tax Cuts and Jobs Act of 2017 eliminated the federal alimony deduction for the payer and the income inclusion for the recipient. Florida has no state income tax, so there is no state-level tax treatment to worry about. Pre-2019 agreements kept the old tax treatment: deductible for payer, taxable for recipient.

What happens to alimony if the recipient moves in with a new partner?

Florida Statutes §61.14 allows a court to reduce or terminate alimony if the recipient is in a supportive relationship with another person. The paying spouse must file a motion and prove the relationship is supportive in a financial sense, similar to a marriage. Cohabitation alone isn't automatic termination the way remarriage is; a court finding is required. The 2023 law added a specific list of factors courts use to evaluate this.

Can I waive alimony in a Florida divorce settlement?

Yes, and it's common. Both spouses can agree to waive all alimony claims in the marital settlement agreement. The waiver needs to be explicit and knowing; vague language has caused post-judgment disputes. Once incorporated into the final judgment, a clear waiver is generally enforceable. Courts are unlikely to disturb a mutual waiver signed by two informed adults.

Does adultery affect alimony in Florida?

Not under the 2023 statute. The 2023 alimony reform removed adultery as an explicit statutory factor. Courts retain a catch-all discretion for any other relevant equitable factor, so it's not impossible that marital misconduct surfaces indirectly, but adultery no longer carries the weight it once did in Florida alimony decisions.

How does a Florida court calculate how much alimony to award?

The 2023 law set a soft cap: alimony generally cannot exceed 35% of the difference between the spouses' net incomes. Beyond that, courts weigh standard of living during the marriage, marriage length, each spouse's earning capacity, financial resources, age, health, and contributions to the household. There's no fixed formula below the cap; judges have meaningful discretion on the final number.

Can alimony be changed after the divorce is final in Florida?

Yes, most types can be modified. Florida Statutes §61.14 allows modification on a showing of substantial, material, and unanticipated change in circumstances. Retirement at a reasonable age is now explicitly recognized as a valid basis. Bridge-the-gap alimony is the exception: it cannot be modified in amount or duration once ordered. Agreed modifications between the parties are simpler and cheaper than contested modification hearings.

What is a rehabilitative plan and does Florida require one for rehabilitative alimony?

Yes, Florida requires a written rehabilitative plan as a condition of rehabilitative alimony. The plan must describe the specific education, training, or work experience the receiving spouse will pursue and include a realistic timeline. Without a plan, the court cannot award this type. Courts can later modify or terminate rehabilitative alimony if the recipient fails to follow the plan or circumstances change substantially.

Does the paying spouse have to keep paying alimony after retirement in Florida?

Not necessarily under the 2023 law. A paying spouse who retires in good faith at a reasonable age (Social Security full retirement age, currently 67, is the benchmark) can petition to modify or terminate alimony. The court cannot reject the petition solely because the retirement was voluntary. The receiving spouse can still argue bad faith or that the payer has substantial assets generating income.

What Florida court forms do I need for alimony in an uncontested divorce?

Both spouses must file a Financial Affidavit (Form 12.902, either short or long version depending on income) that details income, expenses, assets, and debts. Your marital settlement agreement must explicitly address alimony, whether awarded or waived. The Florida Courts self-help center at flcourts.gov has the current versions of all required forms. If alimony is waived, you still need the affidavit on file.

Sources

1. Florida Legislature, HB 1409 (2023) – enrolled bill text: HB 1409, signed June 30, 2023, eliminated permanent alimony, created the 35% income-difference cap, and added retirement as a modification basis effective July 1, 2023
2. Florida Statutes §61.08 and §61.14 – Florida Legislature Online: Statutory definitions of alimony types, the need-and-ability threshold, bridge-the-gap 2-year cap, rehabilitative 5-year cap, durational duration limits, and §61.16 attorney fee provision
3. IRS, Topic No. 452 Alimony and Separate Maintenance: "Alimony and separate maintenance payments are not deductible by the payer spouse or includable in the income of the receiving spouse if made under a divorce or separation agreement executed after December 31, 2018."
4. Florida Department of Revenue – Taxes: Florida has no state individual income tax, so alimony has no state income tax consequence
5. Florida Courts Self-Help Center – flcourts.gov: Florida Courts provides official self-help forms including Financial Affidavit Form 12.902 and filing fee information for dissolution of marriage
6. Social Security Administration – Full Retirement Age: Social Security full retirement age is 67 for persons born after 1960
7. Georgia Code §19-6-1 – Alimony – Georgia General Assembly: Georgia retains discretionary permanent alimony with no statutory amount formula
8. South Carolina Code §20-3-130 – Alimony – SC Legislature: South Carolina allows permanent periodic alimony with broad judicial discretion and no statutory cap on amount
9. Florida Statutes §88.0011 – Uniform Interstate Family Support Act – Florida Legislature: Florida adopted UIFSA governing interstate alimony and support order enforcement and modification
10. Florida Courts – Filing Fees for Dissolution of Marriage: Filing fee for dissolution of marriage in Florida is approximately $408 in most counties, varying slightly by circuit