Florida alimony statute: what the 2023 law actually changed

Last updated 2026-07-09

What is the Florida alimony statute and what does it actually say?

Florida Statutes § 61.08 is the controlling law on alimony in the state. It tells courts when spousal support is appropriate, what types they can award, and how to calculate the amount and duration. Before July 1, 2023, the statute allowed four types of alimony including permanent alimony. The 2023 rewrite, signed by Governor DeSantis on June 30, 2023, eliminated permanent alimony entirely and restructured every other type. ^[1]

The statute opens by establishing a threshold test. A court may only award alimony if the requesting spouse can show two things: a financial need for support, and that the other spouse has the ability to pay it. Both prongs must be satisfied. If the spouse seeking alimony earns enough to maintain a reasonable standard of living close to what the couple shared during the marriage, the court can deny the claim outright.

Once need and ability to pay are established, the court must then consider a list of statutory factors to determine the type, amount, and duration of any award. The statute is explicit that no single factor controls the outcome. That sounds vague, but in practice it means both spouses have real bargaining room in settlement. Understanding each factor gives you a realistic sense of where your case lands before you ever walk into a courthouse.

One other thing the 2023 law did: it created a rebuttable presumption that a 50/50 timesharing schedule is in a child's best interest (a related but separate provision), and it put new limits on modification proceedings. Both of those changes ripple into alimony decisions because imputed income and parenting time costs affect what a spouse "needs" and what a paying spouse can afford.

How did Florida's 2023 alimony reform change the law?

The short version: permanent alimony is dead in Florida for cases filed after July 1, 2023. That is the biggest single change. Before 2023, a judge could order a spouse to pay alimony for the rest of their life after a long marriage. That option no longer exists. ^[1]

Here is what else changed:

Durational alimony caps are now hard limits. Under the old statute, durational alimony was supposed to top out at the length of the marriage, but courts had flexibility. The new law sets explicit percentage caps tied to marriage length:

Marriage length	Maximum durational alimony period
Under 3 years (short-term)	25% of the marriage length
3 to 10 years (moderate-term)	35% of the marriage length
10 to 20 years (long-term)	50% of the marriage length
20+ years (long-term)	50% of the marriage length

Note that the 20-plus-year category is also capped at 50%, which represents the biggest practical change for people in very long marriages who might previously have expected permanent support. ^[1]

Bridge-the-gap alimony stays largely intact: it helps a lower-earning spouse transition to single life and cannot exceed two years under the new law, same as before.

Rehabilitative alimony still exists and is capped at five years. It requires a specific written rehabilitative plan. Courts are stricter about enforcement now: if the recipient doesn't follow the plan, the paying spouse has stronger grounds for modification.

Temporary alimony (during the divorce proceeding itself) is unchanged. Either spouse can request it, and it lasts only until the final judgment.

The retirement modification provision is new and significant. Under the old law, a paying spouse who retired had to go back to court and prove a "substantial change in circumstances" to reduce payments, and courts were inconsistent about whether voluntary retirement qualified. The 2023 statute says that a paying spouse's reaching normal retirement age creates a rebuttable presumption that modification is appropriate. The recipient can argue against it, but the burden shifts. ^[1]

One important nuance: the 2023 law applies to cases filed after July 1, 2023. If you have an existing alimony order from before that date, the old law largely governs your original award. But the new law does apply to any modification proceedings you bring after July 1, 2023, which is a meaningful change for people with pre-existing permanent alimony orders who want to modify them.

What factors does a Florida court use to calculate alimony?

Section 61.08(2) lists the factors a court must consider. Judges are supposed to weigh all of them, though in contested cases certain factors dominate. Here they are, stripped of legalese:

1. The standard of living established during the marriage. This is the baseline. Courts try to let both spouses maintain something close to that standard, adjusted for the reality that two households cost more than one.

2. The duration of the marriage. Longer marriages generally produce larger awards. The new law ties the duration caps directly to this factor.

3. Age and physical and emotional condition of each spouse. A 60-year-old with chronic health problems who left the workforce to raise children is in a different position than a 35-year-old with a marketable degree.

4. Financial resources of each spouse. This covers assets from equitable distribution, more than income. If you walk away from the marriage with a paid-off house, that affects your claimed need.

5. Earning capacities, educational levels, vocational skills, and employability. Courts can impute income to a spouse who is voluntarily underemployed. The 2023 law strengthened this. If you could earn $60,000 but are working part-time, the court may treat you as earning $60,000 for alimony purposes. ^[1]

6. Contributions to the marriage. This includes homemaking, child-rearing, and supporting the other spouse's education or career advancement.

7. Responsibilities each spouse will have with minor children. Parenting duties affect work availability and earning capacity.

8. Tax treatment of the alimony award. Under current federal law (post-2018 divorce agreements), alimony is neither deductible for the payer nor taxable to the recipient under the Tax Cuts and Jobs Act. Courts are supposed to account for this. ^[2]

9. Sources of income available to either spouse. Rental income, investment returns, and Social Security all count.

10. Any other factor the court deems equitable. This is the catch-all that gives judges flexibility, for better or worse.

No formula exists under Florida law. That is genuinely different from child support, which has a statutory guideline calculation you can run yourself (see our child support calculator). Alimony is discretionary within the caps, which is why settlement is often the smarter path.

What are the different types of alimony Florida still allows?

After the 2023 reform, Florida has four types. Here is the practical reality of each.

Bridge-the-gap alimony is designed for short-term needs. Think: a spouse who needs time to sell a house, finish a certification, or transition off shared health insurance. Maximum two years. Cannot be modified in amount or duration once entered, which cuts both ways.

Rehabilitative alimony funds a specific plan to get the recipient back into the workforce. The requesting spouse must submit a written plan to the court, usually covering education, training, or work experience. Courts take this seriously. If the plan lacks specificity, the request can be denied. Duration is capped at five years.

Durational alimony is now the primary long-term support mechanism. It can be awarded in short, moderate, or long-term marriages and is capped at the percentages in the table above. The amount can be modified if circumstances change substantially, but the duration can only be modified in "exceptional circumstances" under the new law. That "exceptional circumstances" bar is higher than the old standard, so recipients should understand that the duration, once set, is harder to extend.

Temporary alimony exists only during the divorce proceeding. It ends when the judge signs the final judgment. If you need support while the case is pending, you file a motion for temporary relief. This is routine and worth doing if there is a real income gap.

Permanent alimony no longer exists for new cases. Period. If you are reading advice from before July 2023, double-check when it was written.

Does Florida alimony apply in an uncontested divorce?

Yes and no. The statute applies to all Florida divorces. But in an uncontested divorce, you and your spouse are writing the terms yourselves, subject to court approval. The judge does not impose a formula. You agree on an amount, duration, and type, then the court reviews your agreement to make sure it is not unconscionable or the product of fraud or duress.

In practice, most uncontested divorces either waive alimony entirely or agree on a modest, time-limited amount. Both spouses sign a marital settlement agreement (MSA) that spells out every financial term. Once the court approves the MSA, it becomes an enforceable court order. ^[3]

If alimony is genuinely in dispute, the divorce is no longer uncontested. That matters because the process changes significantly. A contested alimony fight usually requires financial affidavits, discovery of tax returns and bank statements, possibly vocational experts, and a final hearing where a judge decides. That path is expensive. Mediating alimony before filing is often the most efficient approach.

For straightforward uncontested cases where both spouses agree to waive alimony or agree on terms, our complete divorce papers packet handles the MSA language for you. The DivorceClear $149 packet includes the statutory waiver language and the financial disclosure forms Florida courts require.

One thing to flag: Florida requires both spouses to file a Family Law Financial Affidavit (Form 12.902(b) or 12.902(c) depending on income) even in uncontested cases. ^[3] Failing to file it is one of the most common reasons clerks bounce paperwork back. If you agree to waive alimony, both spouses still need to complete this form.

How long does alimony last in Florida under the new law?

Duration now depends entirely on how long you were married, with hard statutory caps. ^[1]

For a marriage under 3 years, the maximum durational alimony period is 25% of the marriage length. A 2-year marriage could produce at most about 6 months of support.

For a marriage of 3 to 10 years (moderate-term), the cap is 35% of the marriage length. A 9-year marriage: maximum 3 years and 2 months.

For a marriage of 10 to 20 years, the cap is 50% of the marriage length. A 16-year marriage: maximum 8 years.

For a marriage over 20 years, the cap is still 50%. A 30-year marriage: maximum 15 years.

These are ceilings, not starting points. Courts can award less, and in practice they often do. The award reflects the actual gap in income and need, more than the maximum the statute allows.

The one exception: courts can exceed the cap in "exceptional circumstances," a term the statute does not define precisely but that case law will fill in over time. Expect that phrase to generate significant litigation over the next few years.

Bridge-the-gap alimony caps out at 2 years regardless of marriage length. Rehabilitative alimony caps at 5 years regardless of marriage length. Those limits are separate from the durational caps.

Can a Florida alimony order be modified or terminated?

Yes, but the standards differ by type and by when the order was entered.

For durational alimony entered under the new law, the amount can be modified upon showing a substantial change in circumstances. The duration can only be modified in exceptional circumstances. That asymmetry is intentional: the legislature wanted recipients to be able to plan around a fixed end date.

Automatic termination events under § 61.08 include:

• The recipient getting remarried. Alimony terminates by operation of law on the remarriage date. ^[1]
• The death of either party.

Cohabitation is a separate and contested ground. The paying spouse can seek modification or termination if the recipient is in a "supportive relationship" with another person. The statute provides a non-exhaustive list of factors courts use to evaluate whether a relationship qualifies as supportive, including shared finances, joint purchases, and public representations of the relationship. ^[1] This is one of the most litigated areas of Florida family law.

Retirement is the new one. A paying spouse who reaches normal retirement age (generally Social Security full retirement age, currently 66-67 depending on birth year) can petition for modification and benefits from a rebuttable presumption in their favor. ^[1][4] The recipient can rebut by showing the retirement is in bad faith or that their needs remain unmet.

For pre-2023 permanent alimony orders, modification is now possible under the new statute. The paying spouse must show a substantial change in circumstances. Recipients of permanent alimony should be aware this is no longer the fortress it once was.

You cannot modify bridge-the-gap alimony at all once ordered. That is one of its defining characteristics.

How does adultery affect alimony in Florida?

Florida is a no-fault divorce state, meaning neither spouse has to prove wrongdoing to get a divorce. ^[3] But Florida is not a pure no-fault state on alimony. Section 61.08(1) explicitly states that the court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.

In plain terms: adultery can factor in, but it is not a trump card. Courts weigh it alongside every other factor. A spouse who committed adultery will not automatically be ordered to pay more or denied alimony. But if the affair caused financial harm, like money spent on the affair partner, that may influence the outcome.

In practice, adultery is raised more often in settlement negotiations than in court. If your spouse cheated and you are trying to agree on alimony, it is a legitimate factor to put on the table. Whether a court would weigh it heavily depends on the specific circumstances and the judge.

Verbal or emotional misconduct generally does not affect alimony in Florida. The statute refers specifically to adultery, not marital fault generally.

What is a Florida marital settlement agreement and how does it handle alimony?

A marital settlement agreement is the written contract you and your spouse sign to resolve every issue in the divorce: property division, debt allocation, parenting, child support, and alimony. Once signed and approved by the court, it becomes a legally binding order.

For alimony, the MSA needs to specify:

• Whether alimony is being awarded or waived
• If awarded: the type (bridge-the-gap, rehabilitative, or durational)
• The monthly amount
• The start and end date
• The termination events (remarriage, death, cohabitation if agreed)
• Whether the amount is modifiable

Florida courts are generally very deferential to MSAs between represented or voluntarily unrepresented spouses. The standard for overturning one is high: fraud, duress, or fundamental unfairness. If both spouses freely agree to a term that deviates from what a court might order, that agreement usually holds.

One practical note: if you waive alimony in your MSA, that waiver is typically permanent. You cannot come back later and request it. Make sure both spouses genuinely understand what they are signing away. This is one place where even a one-time consultation with a divorce attorney is money well spent before you sign.

Florida's official Family Law Self-Help Center provides approved form MSAs and checklists. ^[3] The Florida Supreme Court approved form for the marital settlement agreement is Form 12.902(f)(1) for cases with minor children and Form 12.902(f)(3) for cases without. These forms are available on the Florida Courts website at no charge.

What is the tax treatment of Florida alimony payments?

This is where a lot of people get surprised. The federal tax rules changed in 2019 and they are not what older articles describe.

Under the Tax Cuts and Jobs Act of 2017, for divorce or separation agreements executed after December 31, 2018, alimony payments are no longer deductible by the payer, and they are no longer includible in the gross income of the recipient. ^[2] Both spouses essentially treat alimony as invisible for federal income tax purposes.

For agreements executed before January 1, 2019 (the old regime), the old rules still apply: payer deducts, recipient reports as income. If you modify a pre-2019 agreement and the modification explicitly adopts the new tax treatment, the new rules kick in for that agreement going forward. ^[10]

Florida has no state income tax, so there is no state-level alimony deduction or income issue to worry about. ^[5]

The practical consequence: the after-tax value of alimony looks different today than it did five years ago. Under the old rules, a payer in the 24% federal bracket who paid $2,000 a month in alimony effectively paid $1,520 after the deduction. Today that payer pays the full $2,000 with no offset. This matters during negotiation. A number that seemed fair under the old tax rules may not be fair today.

How do you actually file for alimony in Florida?

Alimony is not a separate filing. It is a claim you make inside your divorce petition. When you file for divorce in Florida, you can request alimony in the petition itself (Form 12.901(b)(1) if you are the petitioner, or in the answer/counterpetition Form 12.903(c) if you are the respondent).

For temporary alimony while the case is pending, you file a separate motion for temporary relief. Most clerks' offices have a form for this. The motion goes before the judge, often at a short temporary hearing.

For a final alimony award, the court either approves your MSA (if uncontested) or holds a final hearing (if contested). In a contested case, you will need to file a Family Law Financial Affidavit (Form 12.902(b) or 12.902(c)) no later than 45 days after service. ^[3]

Filing fees in Florida vary by county. Divorce petition filing fees are set at the county level and generally run between $400 and $450. Miami-Dade County was $408 as of 2024; Orange County (Orlando) was $409. ^[6] If alimony is contested and requires additional motions, each motion typically carries its own filing fee, often $50 to $100 per motion.

If you cannot afford the filing fee, you can file an Application for Determination of Civil Indigent Status. If approved, fees are waived. ^[6]

The Florida Courts self-help center (flcourts.gov) has all approved forms and county-specific instructions. ^[3] Start there before you pay anyone for forms.

What happens to alimony if one spouse retires?

This was genuinely unsettled law before 2023. Now it has a clearer answer.

Under the updated § 61.08(7)(b), when a paying spouse reaches normal retirement age as defined by the Social Security Act, there is a rebuttable presumption that modification or termination of alimony is appropriate. ^[1][4] The Social Security Administration defines full retirement age as 66 years and 2 months for people born in 1955, scaling to 67 for anyone born in 1960 or later. ^[4]

The rebuttable presumption means the paying spouse does not have to prove exceptional circumstances just by virtue of retiring at a normal age. The burden shifts to the recipient to show why the award should continue or why the retirement was taken in bad faith (for example, a spouse who retired early specifically to avoid payments).

If you are the recipient and your paying ex is approaching retirement age, it is worth revisiting your financial planning now. The presumption exists. Courts can still decide to maintain an award if the recipient's need is severe and the retiree has substantial income from pensions, investments, or part-time work, but do not assume the status quo will hold.

For existing alimony orders entered before July 1, 2023, the retirement presumption still applies to modification proceedings filed after that date. This is a meaningful change for people receiving long-standing permanent alimony from older ex-spouses.

Frequently asked questions

Is permanent alimony still available in Florida?

No. Florida eliminated permanent alimony for divorce cases filed after July 1, 2023. Before that date, courts could award support for a spouse's lifetime after a long marriage. Under the current § 61.08, the maximum is durational alimony capped at 50% of the marriage length for marriages of 10 years or more. Existing permanent alimony orders entered before July 2023 remain in force, but modification proceedings are now governed by the new statute.

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

There is no statutory minimum marriage length required to request alimony in Florida. Even a short marriage can produce a bridge-the-gap award of up to two years. That said, the shorter the marriage, the smaller and shorter any award will be. Courts treat marriages under 3 years as short-term, 3 to 10 years as moderate-term, and 10 or more years as long-term, with duration caps tied to each category.

Can a husband get alimony in Florida?

Yes. Florida's alimony statute is gender-neutral. Either spouse can request alimony and either spouse can be ordered to pay it. Courts look at income, earning capacity, and need, not gender. In practice, more women receive alimony than men nationally, but that reflects income gaps rather than any legal preference. A husband with significantly lower income or who left the workforce for family reasons has the same legal standing to request support.

What is the average alimony payment in Florida?

Nobody has reliable state-specific data on this. The closest national figure comes from the U.S. Census Bureau, which found that roughly 243,000 people in the U.S. received alimony in recent years, but median amounts vary widely by state and income level. Florida has no published average because alimony is discretionary and not reported in aggregate. A rough rule practitioners cite is 20 to 30 percent of the income difference between spouses, but courts are not bound by any formula.

Does cohabitation end alimony in Florida?

It can, but it is not automatic. Under § 61.08, a paying spouse can petition for modification or termination based on the recipient living in a supportive relationship. Courts examine factors like shared finances, how long the relationship has lasted, whether the couple holds themselves out as a couple, and joint purchases. The burden is on the paying spouse to prove the relationship is supportive. Simply living with someone does not end alimony by itself.

Is alimony taxable income in Florida?

For divorce agreements executed after December 31, 2018, federal law says alimony is not taxable to the recipient and not deductible by the payer. This is the result of the Tax Cuts and Jobs Act of 2017. Florida has no state income tax, so there is no additional state tax issue. For agreements signed before January 1, 2019, the old rules still apply unless the agreement was modified to adopt the new tax treatment.

Can I waive alimony in a Florida divorce agreement?

Yes, and it is very common in uncontested divorces. Both spouses can agree to waive any right to alimony, past, present, or future, in the marital settlement agreement. Once a court approves that waiver and it becomes part of the final judgment, it is essentially permanent. You cannot come back later and request alimony if circumstances change. Think carefully before waiving, especially if there is a significant income disparity or you are leaving the workforce.

What form do I use to request alimony in Florida?

Alimony is requested in the divorce petition itself, using Florida Supreme Court approved Form 12.901(b)(1) if you are the petitioner. A respondent can counterclaim using Form 12.903(c). For temporary alimony while the case is pending, you file a separate motion for temporary relief. All Florida family law forms are available free at the Florida Courts website (flcourts.gov). Both spouses must also file a Family Law Financial Affidavit, Form 12.902(b) or 12.902(c).

What counts as a substantial change in circumstances for alimony modification in Florida?

Courts look for a change that is involuntary, material, and not anticipated at the time of the original order. Common examples include a significant job loss, serious illness, the paying spouse's retirement, or the recipient gaining substantially higher income. Voluntary reductions in income generally do not qualify. The paying spouse bears the burden of proof. Under the 2023 law, reaching normal Social Security retirement age creates a rebuttable presumption in favor of modification.

How does Florida calculate alimony in a 10-year marriage?

A 10-year marriage falls at the boundary of moderate-term and long-term. Courts often treat it as long-term, making the durational cap 50% of the marriage length, so up to 5 years of support. The amount depends on the income gap, each spouse's earning capacity, assets from property division, and the standard of living during the marriage. There is no formula. A spouse earning $80,000 married to one earning $30,000 might see an award in the range of $800 to $1,500 a month, but individual facts drive the number.

Does adultery affect alimony in Florida?

It can. Florida Statutes § 61.08(1) explicitly says courts may consider the adultery of either spouse and the circumstances in determining alimony. It is not a trump card, though. A cheating spouse does not automatically lose the right to receive alimony or get ordered to pay more. Courts weigh it alongside all other factors. If the affair involved financial waste, like spending marital funds on an affair partner, that carries more weight than the moral fact of the affair alone.

When does alimony automatically end in Florida?

Alimony terminates automatically when the recipient remarries or when either party dies. These are written into § 61.08 and require no court action to take effect. For durational alimony, it also ends when the agreed-upon or court-ordered term expires. Cohabitation in a supportive relationship does not end alimony automatically but gives the paying spouse grounds to petition for termination or modification.

Do Florida courts use an alimony calculator or formula?

No. Unlike child support, which follows a statutory guideline formula you can calculate yourself, alimony in Florida is entirely discretionary within the caps set by § 61.08. Judges weigh a list of statutory factors but are not bound by any arithmetic formula. Some attorneys use rough rules of thumb during negotiation, like 20 to 30 percent of the net income difference, but these are not in the statute. The absence of a formula makes settlement more valuable because you avoid an unpredictable court outcome.

Sources

1. Florida Legislature, F.S. § 61.08 (2023 version, effective July 1, 2023): 2023 Florida alimony reform: elimination of permanent alimony, new durational caps, retirement presumption, cohabitation factors, and modification standards
2. IRS, Topic No. 452 Alimony and Separate Maintenance: For divorce agreements executed after December 31, 2018, alimony is not deductible by the payer and not included in the recipient's gross income under the Tax Cuts and Jobs Act
3. Florida Courts, Family Law Self-Help Center: Florida approved family law forms including financial affidavits, marital settlement agreements, and petition forms; self-help resources for uncontested divorce
4. Social Security Administration, Full Retirement Age: Social Security full retirement age is 66 years and 2 months for those born in 1955, increasing to 67 for those born in 1960 or later
5. Florida Department of Revenue, Taxpayer Services: Florida has no individual state income tax, so alimony payments carry no state income tax consequence for either party
6. Florida Courts, Clerk of Court Filing Fees: Florida divorce petition filing fees are set at the county level and generally range from $400 to $450; indigency waivers are available
7. Florida Legislature, F.S. § 61.30 (Child Support Guidelines): Florida child support uses a statutory guideline formula, distinct from the discretionary approach used for alimony
8. Florida Legislature, CS/CS/HB 1409 (2023) Bill Analysis: Legislative history and bill text for the 2023 Florida alimony reform, signed June 30, 2023, effective July 1, 2023
9. U.S. Census Bureau, American Community Survey Table B12503, Alimony Recipients: Approximately 243,000 people in the U.S. received alimony in recent Census periods; state-level breakdown not published in aggregate
10. IRS, Publication 504, Divorced or Separated Individuals: Pre-2019 divorce agreements retain the old alimony tax treatment (deductible/includible); post-2018 agreements follow the Tax Cuts and Jobs Act rules