How does alimony work in Florida? A plain-English guide

Last updated 2026-07-09

What is alimony and who can get it in Florida?

Alimony is a court-ordered payment from one spouse to the other after a divorce. Either spouse can ask for it, and the law does not favor either gender. Florida calls it "spousal support" and "alimony" interchangeably. Florida Statute 61.08 says, "In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or temporary." ^[1]

Two things have to be proven, more than claimed. The spouse asking for support must show a financial need, and the other spouse's ability to pay. A judge will not split income down the middle. They work through a detailed list of factors before ordering a dollar.

Adultery can legally affect the amount. Section 61.08(1) says the court "shall consider the adultery of either spouse and the circumstances thereof" when setting the amount. It rarely swings a case hard, but it is on the table.

What changed with Florida's 2023 alimony reform?

On July 1, 2023, HB 1409 took effect, the biggest change to Florida alimony in a generation. ^[2] Knowing what changed keeps you from following advice that is now dead wrong.

The headline: permanent alimony is gone. Before 2023, a Florida court could award alimony that never ended. For divorces filed on or after July 1, 2023, no court can order permanent alimony. Existing permanent orders from before that date stay in place, but they can now be modified once the paying spouse hits full Social Security retirement age.

Other real changes from the 2023 law:

• Durational caps tightened. The maximum length of a durational award is now 50% of the marriage length for marriages under 10 years, 60% for marriages of 10 to 20 years, and 75% for marriages of 20 years or more. ^[1]
• Courts must now weigh each party's retirement assets when calculating alimony, something that used to be hit or miss.
• Cohabitation became a clearer basis to modify or end payments. The law tightened the definition of a "supportive relationship," giving the paying spouse a defined path to cut or stop payments when the recipient moves in with a new partner.
• Durational alimony is generally capped at 35% of the difference between the parties' net incomes. A court can go higher only in "exceptional circumstances" and must write out why. ^[1]

If your divorce was finalized before July 1, 2023, your order lives under the old rules until you go back to court to change it.

What are the 6 types of alimony in Florida?

Florida law after 2023 recognizes four types of alimony a judge can put in a final judgment, plus two that exist only during the divorce itself.

Type	When it applies	How long it lasts
Bridge-the-gap	Short-term transition needs; identifiable, specific needs	Max 2 years; non-modifiable
Rehabilitative	Spouse needs education or training to become self-supporting	Length of the rehab plan; modifiable
Durational	Marriages where bridge-the-gap or rehabilitative is not enough	Capped by marriage length (see below)
Temporary (during divorce)	Support while the case is pending	Ends when final judgment is entered
Special circumstances (lump sum)	Court-ordered in equity cases	Paid once or in installments
Permanent (pre-July 2023 only)	Long marriages, significant need, no ability to self-support	Until death or remarriage; no new awards

Bridge-the-gap alimony covers short-term, specific needs during the shift from married to single, like a lease deposit or a car payment while you get on your feet. It cannot run longer than two years and cannot be changed in amount or length once it is entered. ^[1]

Rehabilitative alimony is the type judges reach for most in mid-length marriages. The recipient has to submit a written rehabilitative plan, a specific roadmap of education, training, or work experience that leads to financial independence. A court can modify or end it if the plan is not followed.

Durational alimony provides support for a set period when permanent support would be wrong but some ongoing help is needed. It cannot run past the length caps described above. The amount can move on a substantial change in circumstances, but the duration generally cannot stretch past those caps. ^[1]

Temporary alimony is on the table the moment the case is filed. Either spouse can ask the court to order the other to pay support while the case is pending. It is not the final award. It just keeps the household afloat during litigation.

For how alimony sits inside the wider divorce money picture, see our guide to alimony.

How does a Florida court calculate alimony amounts?

There is no dollar formula for alimony in Florida, unlike child support, which runs on a statutory formula. Judges have wide discretion. ^[3] The 2023 law did add the 35% net-income-difference cap for durational alimony, the first real numerical anchor the state has ever used.

Here is what Florida Statute 61.08(2) tells courts to weigh:

1. The standard of living during the marriage 2. How long the marriage lasted 3. Each spouse's age and physical and emotional condition 4. Each spouse's financial resources, including marital and non-marital assets and liabilities 5. Each spouse's earning capacity, education, vocational skills, and employability 6. Each spouse's contribution to the marriage, including homemaking, child care, education, and building the other spouse's career 7. Each spouse's responsibilities for minor children 8. Tax treatment of any award 9. All income sources, including investment income 10. Any other relevant factor ^[1]

The 35% cap works like this. Take each spouse's monthly net income, subtract the lower from the higher, multiply by 0.35. That is the general ceiling on a durational payment. If Spouse A nets $6,000 a month and Spouse B nets $2,000, the difference is $4,000, and 35% is $1,400 a month. A court can top that only with written findings of exceptional circumstances.

"Net income" here is not the payroll definition. Courts adjust for taxes, mandatory retirement contributions, and other deductions.

Nobody has good public data on Florida's average alimony amount since the reform. The statute is too new for reliable aggregate numbers. Pre-reform surveys of Florida family lawyers pointed to median awards in the $500 to $2,500 a month range for middle-income divorces, but those predate the codified cap.

How does the length of marriage affect alimony in Florida?

Florida law ties alimony duration straight to marriage length. The 2023 statute sorts marriages into three bands. ^[1]

Short-term marriages: under 10 years. Durational alimony cannot run past 50% of the marriage length. An 8-year marriage caps out at 4 years of durational alimony.

Moderate-term marriages: 10 to under 20 years. The cap is 60% of the marriage length. A 15-year marriage caps at 9 years.

Long-term marriages: 20 years or more. The cap is 75% of the marriage length. A 24-year marriage caps at 18 years.

Bridge-the-gap alimony caps at 2 years no matter how long the marriage lasted. Rehabilitative alimony runs on the length of the rehab plan, not the marriage, though longer marriages tend to produce longer plans.

These caps are ceilings, not defaults. A judge can award less. And the marriage length runs from the date of legal marriage to the date of filing, not the date of final judgment.

When does alimony end in Florida?

Alimony ends automatically when the recipient remarries. The paying spouse does not have to go back to court. Payments stop as of the remarriage date. ^[1]

Death of either party also ends alimony, unless the court specifically ordered payments to survive death (which can happen with lump-sum arrangements).

Cohabitation is messier. If the recipient moves in with a new partner in a "supportive relationship," the paying spouse can petition to reduce or end alimony. The 2023 law did not make cohabitation an automatic off switch, but it spelled out what courts look at: whether the couple shares finances, how long they have lived together, whether the new partner chips in on household expenses, and similar factors. ^[1] The paying spouse still has to file a motion and prove the supportive relationship exists.

Durational alimony simply ends when the court-ordered duration runs out. No extra order needed.

Retirement is now a clearer modification trigger too. Under the 2023 law, a paying spouse who reaches full Social Security retirement age (67 for anyone born in 1960 or later) has that fact weigh heavily in a modification petition. ^[10] Courts are directed to ask whether the retirement was in good faith and whether it substantially changes the ability to pay.

Can alimony orders be modified in Florida?

Most alimony orders can be modified if circumstances change substantially, involuntarily, and permanently. That three-part test is what Florida courts apply. ^[3]

Bridge-the-gap alimony is the exception. Once the order is entered, it cannot be changed in amount or duration.

For rehabilitative alimony, either spouse can ask to modify or end it on a substantial change, if the recipient finished the plan early, or if the recipient failed to finish it without good cause.

Durational alimony can be modified in amount (though generally not duration) on a showing of substantial change. The 2023 law caps the amount at 35% of the net income difference, so any upward modification hits that ceiling too.

To modify, you file a Supplemental Petition for Modification of Alimony with the court that issued the original order. Florida counties charge a filing fee for these; most run $50 to $100 for a supplemental petition, though fees vary by county. ^[4]

If both spouses agree to the change, you can file a Consent Order of Modification. That is faster and cheaper than a fight. It is the route most people on decent terms take.

Is alimony taxable in Florida divorces?

Federal law drives this one, not state law. Under the Tax Cuts and Jobs Act of 2017, alimony paid under divorce agreements executed after December 31, 2018 is not deductible by the paying spouse and not counted as income by the recipient. ^[5] Florida has no state income tax, so there is no state-level wrinkle.

For divorces finalized before January 1, 2019, the old rules still run: the paying spouse deducts, the recipient reports the income. Those pre-2019 agreements keep the old tax treatment unless they are modified in a way that specifically adopts the new rules.

Here is the practical effect for new divorces. The tax break that used to make alimony cheaper for the paying spouse is gone. Courts are supposed to factor this in under Section 61.08(2)(h), which requires considering "all sources of income available to either party, including income available to either party through investments of any asset held by that party." ^[1] In practice, tax neutrality sometimes means lower nominal awards, because the paying spouse no longer gets the deduction.

What happens if someone stops paying alimony in Florida?

Alimony ordered by a Florida court is enforceable much like child support. Contempt of court is the main tool.

Miss payments, and the recipient can file a Motion for Contempt. A judge can order wage garnishment, seize assets, suspend a driver's or professional license, or jail a spouse for willful non-payment. Florida courts do not treat this lightly, especially when the paying spouse clearly has the money.

Unpaid alimony piles up as a judgment lien. Once payments fall behind, the arrearage is treated as a civil money judgment and can accrue interest. ^[6]

Florida's Department of Revenue handles child support enforcement but generally does not enforce spousal support. The alimony recipient has to file enforcement actions themselves, which usually means hiring a family lawyer or going back to court pro se.

This is where DIY gets hard fast. If you are owed unpaid alimony and the other spouse is stonewalling, a divorce attorney who handles post-decree enforcement is worth the consult.

Can you agree on alimony without a judge deciding?

Yes, and this is the path to take if both spouses can negotiate in good faith. An uncontested divorce where you agree on alimony (type, amount, duration, and what ends it) is cheaper, faster, and far less brutal than a courtroom fight.

You put your alimony agreement in a Marital Settlement Agreement (MSA), which becomes part of the final judgment. As long as it is not unconscionable and both parties signed on their own free will, Florida courts usually approve it. ^[3]

If your divorce is truly uncontested, meaning you agree on property, debt, and support, a document preparation service can get the paperwork done right. DivorceClear's $149 document packet includes the Marital Settlement Agreement and every Florida-required form, worth a look if the alimony terms are settled and you just need the forms filled out correctly.

Watch what you waive in writing. Sign an MSA giving up alimony entirely, and Florida courts treat that waiver as final. You generally cannot come back later saying you needed support. ^[3]

For a plain picture of the divorce papers an uncontested Florida divorce actually needs, that guide walks through every form.

What does it cost to handle alimony issues in a Florida divorce?

Cost hinges almost entirely on whether you and your spouse agree.

Uncontested divorce with agreed alimony terms: Filing fees in Florida run about $408 in most counties for a dissolution petition with no minor children, and roughly $409 with children, varying slightly by county. ^[4] Prepare your own paperwork correctly and that is close to your whole cost for the divorce. Alimony terms go into the Marital Settlement Agreement at no extra filing cost.

Contested alimony litigation: This gets expensive. A single alimony hearing can run $2,000 to $5,000 in attorney fees, and a full trial can hit $15,000 to $30,000 or more per side. Those figures track Florida Bar survey data on family law rates, which put median hourly rates at $350 to $450 for family law attorneys in metro areas in recent years. ^[7] Nobody has precise statewide litigation cost data; the closest public source is attorney fee surveys, not court records.

Post-decree modification: File a supplemental petition yourself and it costs $50 to $100 in court fees in most counties. With an attorney, plan on $1,500 to $5,000 depending on whether it is contested.

The biggest cost driver is whether the other spouse fights the alimony decision. Agree, and you can finish a Florida divorce for under $500 in most cases. Disagree on support, and there is no ceiling.

Florida's court self-help centers (in most counties) can point you to local fee schedules and forms. The Florida Courts website keeps a directory of self-help resources by county. ^[8]

How do you ask for alimony in a Florida divorce?

You ask for alimony in the initial Petition for Dissolution of Marriage. Florida's family law petition (Form 12.901(b)(1) or 12.901(b)(2)) has a section where you mark whether you are requesting alimony. ^[8]

Skip that request in your initial petition or your response, and you may waive the right to ask for it later. This is not a step to gloss over. Lawyers call it a pleading requirement, and Florida courts have tossed alimony claims raised for the first time late in a case.

Once you have asked, a contested alimony determination runs like this:

1. Financial disclosure (both parties file a financial affidavit, Form 12.902(b) or 12.902(c) depending on income) 2. Discovery (trading tax returns, pay stubs, bank statements) 3. A hearing or trial where each side presents evidence 4. The judge's written order

File uncontested with agreed terms, and steps 2 and 3 collapse into your signed Marital Settlement Agreement. The judge reviews the MSA and, if it reads fairly, approves it without a trial.

Florida Family Law Self-Help forms are free at the Florida Courts website. ^[8] You can download every required form there. The hard part is filling them out correctly and consistently. Errors in the financial affidavit are the top reason pro se alimony cases get bounced back.

Frequently asked questions

Does Florida still have permanent alimony?

No. Florida ended permanent alimony effective July 1, 2023 for divorces filed on or after that date. If your divorce was finalized earlier and you got a permanent award, that order stays in effect under the old law, but the paying spouse can now petition to modify it once they reach full Social Security retirement age.

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

There is no minimum marriage length in the statute. Even short marriages can produce a bridge-the-gap or rehabilitative award if the requesting spouse shows need and the other has the ability to pay. Courts rarely award durational alimony for marriages under 3 to 4 years unless the facts are unusual. The longer the marriage, the more likely a court finds a need for ongoing support.

Is Florida an adultery state for alimony?

Florida courts can consider adultery when setting the alimony amount. Section 61.08(1) of the Florida Statutes requires the court to consider adultery and the circumstances around it. In practice, adultery rarely changes the outcome much unless it directly hit marital finances, for example a spouse spending significant marital money on an affair partner.

Can a wife be required to pay alimony to a husband in Florida?

Yes. Florida alimony law is gender-neutral. Either spouse can be ordered to pay based on comparative income, earning capacity, and contributions to the marriage. If the husband was the lower earner or stayed home to raise children, he can receive alimony just as a wife in the same spot would.

What is the 35% rule for alimony in Florida?

The 2023 reform set a general cap for durational alimony: the amount cannot exceed 35% of the difference between the parties' net monthly incomes. If the higher earner nets $5,000 a month and the lower earner nets $1,000, the cap is 35% of $4,000, or $1,400 a month. Courts can exceed this only in exceptional circumstances with written findings.

Does alimony stop when you live with someone in Florida?

Not automatically. If the recipient starts living with a new partner in what the court finds is a "supportive relationship," the paying spouse must file a petition to modify or end alimony and prove the relationship exists. The 2023 reforms clarified the factors courts weigh, including shared finances and the new partner's contributions, but cohabitation alone does not flip an off switch.

Can you waive alimony in a Florida divorce agreement?

Yes. Both spouses can agree in a Marital Settlement Agreement to waive all alimony, past and future. Florida courts usually enforce that waiver. Once you waive alimony in writing and the court enters a final judgment incorporating the agreement, you generally cannot come back and request it later, even if your finances change hard.

How is alimony different from child support in Florida?

Child support runs on a statutory formula based on both parents' incomes and the time-sharing schedule. Alimony has no formula; judges use discretion guided by the Section 61.08 factors. Child support is enforced by Florida's Department of Revenue; alimony enforcement falls on the recipient to file. And alimony ends on remarriage or the agreed end date, while child support runs until the child turns 18 (or longer in some cases). See our child support calculator for Florida numbers.

What financial documents do you need for an alimony hearing in Florida?

Both parties file a Financial Affidavit (Form 12.902(b) for income under $50,000 a year; Form 12.902(c) for income at or above $50,000). Courts also commonly review the last 3 years of tax returns, recent pay stubs, bank statements, retirement account statements, and proof of debts. If you own a business, business financial statements are usually required too.

Can you get alimony in an uncontested divorce in Florida?

Yes. In an uncontested divorce, both spouses agree on every term, including alimony. You spell out the type, amount, duration, and termination conditions in the Marital Settlement Agreement. The court reviews and approves it as part of the final judgment. Agreed alimony costs far less than a litigated fight and wraps up much faster, often 30 to 90 days from filing.

Does retirement affect alimony in Florida?

Yes, especially after the 2023 reform. A paying spouse who reaches full Social Security retirement age can petition to modify or end alimony, and the court must weigh whether the retirement was in good faith and substantially changes the ability to pay. Retirement is not an automatic termination, but the 2023 law made it a much clearer path to modification than before.

How do Florida courts calculate each spouse's net income for alimony purposes?

Net income for alimony is not simply take-home pay. Courts start with gross income from all sources (wages, investments, rental income, business distributions) and subtract taxes, mandatory retirement contributions, and other required deductions. The result often differs from a pay stub. Both spouses complete a financial affidavit under oath, and courts can impute income if they believe a spouse is voluntarily underemployed.

Can you negotiate alimony in mediation instead of going to court?

Yes. Florida courts often require mediation before a contested alimony hearing, and many couples settle alimony there without ever reaching trial. A trained family mediator helps both spouses reach a written agreement that goes to a judge for approval. Mediation typically costs $150 to $300 an hour per side, far cheaper than a courtroom fight.

Sources

1. Florida Legislature, Florida Statute Section 61.08 (Alimony): Florida alimony types, the 35% cap, marriage length duration caps, and the requirement to consider adultery all appear in Section 61.08 as amended by HB 1409 (2023)
2. Florida Governor's Office, HB 1409 Enrolled Bill (2023): Governor DeSantis signed HB 1409 in 2023, effective July 1, 2023, eliminating permanent alimony and reforming durational alimony caps
3. Florida Courts, Family Law Self-Help Information: Florida courts apply a three-part test for alimony modification (substantial, involuntary, permanent change) and will approve Marital Settlement Agreements that are not unconscionable
4. Miami-Dade Clerk of Courts, Civil Filing Fees: Filing fee for dissolution of marriage petition in Florida counties is approximately $408 to $409 depending on whether minor children are involved; supplemental petitions cost $50 to $100
5. IRS, Topic No. 452 Alimony and Separate Maintenance: Under the Tax Cuts and Jobs Act of 2017, alimony paid under divorce agreements executed after December 31, 2018 is not deductible by the payor and not includable in income by the recipient
6. Florida Legislature, Florida Statute Section 61.14 (Modification of Alimony): Unpaid alimony accumulates as a judgment lien and Florida courts can enforce alimony through contempt, wage garnishment, and license suspension
7. The Florida Bar, Economics of Law Practice Survey: Median hourly rates for Florida family law attorneys in metropolitan areas were $350 to $450 in recent Florida Bar economics surveys
8. Florida Courts, Family Law Forms: Florida Family Law Rules of Procedure Forms 12.901(b)(1), 12.901(b)(2), 12.902(b), and 12.902(c) are available free through the Florida Courts website and are required for dissolution of marriage filings
9. Florida Legislature, Florida Statute Section 61.30 (Child Support Guidelines): Florida child support is calculated by statutory formula under Section 61.30; alimony has no equivalent formula and is left to judicial discretion under Section 61.08
10. Social Security Administration, Retirement Age: Full Social Security retirement age is 67 for individuals born in 1960 or later, the benchmark referenced in Florida's 2023 alimony reform for modification petitions based on retirement