Florida alimony laws: what you actually need to know in 2024

Last updated 2026-07-10

What did Florida's 2023 alimony law actually change?

Florida Governor Ron DeSantis signed HB 1409 into law on June 30, 2023. It's the biggest rewrite of Florida's alimony statutes in decades. The law took effect July 1, 2023 and applies to all divorce petitions filed on or after that date. ^[1]

The headline change: permanent alimony is gone. Florida courts can no longer award alimony that lasts indefinitely. Every award now has a defined end date tied to the length of the marriage, except in rare cases involving age or a disabling condition. ^[1]

The law also inserted a new standard: for marriages under 20 years, there is a rebuttable presumption against awarding alimony at all. The spouse requesting support has to overcome that presumption with evidence. For marriages of 20 years or longer, no such presumption applies, but permanent alimony is still off the table. ^[1]

A few other things shifted. The new law sets explicit caps on how long durational alimony can run (more on those below). It also lets either spouse seek modification or termination of alimony when the paying spouse reaches "full retirement age" as defined under Social Security, even if the divorce was finalized before 2023. That retroactivity piece is being litigated in Florida courts right now, so if it applies to your situation, get a lawyer. ^[1]

Adultery is now a named statutory factor. Under Florida Statute 61.08(1), a court may consider the adultery of either spouse and its economic impact when setting an award. That's not new language exactly, but the 2023 revision made it more explicit. ^[2]

What are the types of alimony available in Florida?

After the 2023 reform, Florida law recognizes five types of alimony under Florida Statute 61.08. Here's what each one does:

Bridge-the-gap alimony. Short-term. Designed to help a spouse move from married life to single life by covering specific, identifiable short-term needs. Maximum duration is two years. Not modifiable in amount or duration. ^[2]

Rehabilitative alimony. Meant to help a spouse gain the skills or credentials needed to become self-sufficient, based on a specific written plan the requesting spouse must present to the court. Modifiable if circumstances change substantially. ^[2]

Durational alimony. This is now the most commonly ordered long-term type. The court sets a lump sum or periodic payments for a defined period. The key constraint: the length of the award cannot exceed the length of the marriage. Tighter caps apply on top of that. For marriages under 3 years, the maximum duration is 50% of the marriage length. For marriages 3 to 10 years, it's still 50%. For marriages 10 to 20 years, 60%. For marriages over 20 years, 75%. ^[2]

Lump-sum alimony. A one-time fixed payment. Courts use this sparingly, when periodic payments are impractical or when there's reason not to trust the paying spouse to make ongoing payments.

Temporary alimony. Awarded during the divorce proceedings to hold the status quo in place. Ends when the final judgment is entered.

Permanent alimony was eliminated by the 2023 reform. Courts also cannot stack durational alimony with bridge-the-gap or rehabilitative alimony for the same purpose at the same time.

Type	Max Duration	Modifiable?	Best For
Bridge-the-gap	2 years	No	Short-term transition costs
Rehabilitative	Per plan	Yes	Education, job training
Durational	% of marriage length	Amount yes, duration limited	Long marriages, income gap
Lump-sum	One payment	No	When trust is an issue
Temporary	Until final judgment	Yes	During proceedings

How does a Florida court decide whether to award alimony at all?

Before a court picks a type or amount, it answers two threshold questions: does the requesting spouse have an actual financial need, and does the other spouse have the ability to pay? Both must exist. If the answer to either is no, Florida courts are not supposed to award alimony. ^[2]

Florida Statute 61.08 lists the factors a court considers once need and ability are established. Here's the actual statutory language from the 2023 version: "In determining whether to award alimony or maintenance, the court shall first make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance." ^[2]

The specific factors courts weigh include:

• The standard of living established during the marriage
• The length of the marriage (under 3 years is short-term, 3 to 10 years is moderate-term, 10 to 20 years is long-term, over 20 years is long-term with no presumption against)
• Each spouse's age and physical and emotional condition
• Each spouse's financial resources, including marital and non-marital property and liabilities
• The earning capacity, educational level, vocational skills, and employability of each spouse
• The contribution of each spouse to the marriage, including homemaking, childcare, and career support
• The responsibilities each spouse will have toward minor children
• Tax treatment of any award
• Any sources of income available to either spouse
• Adultery of either spouse and its economic impact ^[2]

Notice what's missing: Florida does not use a formula or calculator for alimony the way it does for child support. There's no worksheet you fill out that spits out a number. Judges have real discretion. That's why two similar cases can produce very different results.

How long does alimony last in Florida after the 2023 reform?

Duration now depends almost entirely on how long the marriage lasted. The 2023 law created hard caps that didn't exist before. ^[1]

For durational alimony, the award cannot exceed these percentages of the marriage length:

• Marriages under 3 years: maximum 50% of the marriage length
• Marriages of 3 to 10 years: maximum 50% of the marriage length
• Marriages of 10 to 20 years: maximum 60% of the marriage length
• Marriages over 20 years: maximum 75% of the marriage length ^[2]

So if you were married for 12 years, the longest a durational alimony award can run is 7.2 years (60% of 12). The court can order less. It cannot order more.

The only way past those caps is the exception for exceptional circumstances: age or a disabling condition that keeps the receiving spouse from becoming self-supporting. Even then, the court must make written factual findings. ^[2]

Bridge-the-gap alimony stops at two years regardless of marriage length. Rehabilitative alimony runs as long as the rehab plan specifies, though courts expect a reasonable timeline.

Alimony automatically terminates in Florida on the death of either party or the remarriage of the recipient. Cohabitation in a supportive relationship is grounds to modify or terminate but doesn't end it automatically. ^[2]

Can you calculate a rough Florida alimony amount?

There is no official Florida alimony calculator. The state does not publish a formula, and judges are not required to use one. Family law attorneys and some financial analysts do use rough rules of thumb to estimate a range for negotiation.

One frequently cited informal benchmark: award somewhere between 17% and 33% of the difference in the spouses' gross monthly incomes, scaled by the length of the marriage. Nobody has published peer-reviewed research validating that range as a Florida-specific norm. It's a practitioner heuristic, not a statute.

What courts actually do is compare the monthly budget each spouse submits (Florida uses the Financial Affidavit, forms 12.902(b) and 12.902(c)) and figure out whether a gap exists after accounting for the receiving spouse's income and assets. The award is supposed to bridge that gap toward the marital standard of living without leaving the paying spouse unable to meet their own needs. ^[3]

DivorceClear is a $149 one-time self-help document preparation and organization service for uncontested, simple-custody divorces. You answer questions in plain language and get a personalized preparation packet: your worksheets and numbers organized, a settlement completeness outline, and a county-specific filing roadmap, so you can get organized without paying an attorney $2,000 to $5,000. It is not a law firm and does not give legal advice; court forms, deadlines, and fees are set by your state and county, and for advice about your situation you should consult a licensed family law attorney. See what the packet includes.

The Florida Courts self-help center has the official financial affidavit forms and instructions at no cost. ^[3]

Does adultery affect alimony in Florida?

Yes, but it's not automatic and rarely the deciding factor. Florida Statute 61.08(1) explicitly lets a court consider "the adultery of either spouse" and the economic impact of that adultery when determining the amount of any award. ^[2]

In practice, courts want an actual economic connection. Did the cheating spouse spend marital funds on the affair partner? Did the relationship cause financial harm to the other spouse? Abstract moral wrongdoing, with no economic angle, usually doesn't move the needle much in a Florida courtroom.

Florida is a no-fault divorce state, so you don't have to prove adultery to get divorced. ^[7] But because the alimony statute lists it as a factor, it can surface in alimony disputes even in a no-fault filing.

Can alimony be modified or terminated after the divorce is final?

Durational and rehabilitative alimony can both be modified if there's a substantial change in circumstances. That means something real and material that wasn't anticipated when the original order was entered. Typical examples: a significant drop in the paying spouse's income, the recipient's remarriage, or the recipient cohabiting in a supportive relationship. ^[2]

Bridge-the-gap alimony cannot be modified in either amount or duration. Lump-sum alimony, once paid, is done.

The 2023 law added a new modification basis. A paying spouse reaching full Social Security retirement age (currently 67 for people born after 1960) is a material change that lets the payer petition for reduction or termination. ^[1][8] This provision applies retroactively to orders entered before July 1, 2023, but courts are still sorting out the constitutional questions around that retroactivity.

If the receiving spouse remarries, alimony terminates automatically by statute. Death of either party also ends the obligation automatically. Cohabitation in a supportive relationship is grounds to modify or terminate, but the paying spouse has to petition the court and prove the relationship exists and is financially supportive. ^[2]

To modify alimony in Florida, you file a Supplemental Petition to Modify Alimony in the original divorce court. Florida Courts provides the standard form. ^[3]

How does marriage length affect alimony in Florida?

Marriage length is the single biggest variable in any Florida alimony analysis. The 2023 statute sorts marriages into four bands, and each band sets both the presumption for or against alimony and the cap on how long an award can run. ^[1]

Short-term marriage (under 3 years): strong presumption against any alimony. Durational alimony capped at 50% of marriage length, so a maximum of about 18 months.

Moderate-term marriage (3 to 10 years): presumption against alimony still exists but is easier to overcome with evidence of real need. Durational alimony capped at 50% of marriage length, so a maximum of 5 years for a 10-year marriage.

Long-term marriage (10 to 20 years): the presumption against alimony weakens considerably. Durational alimony capped at 60%, so a maximum of 12 years for a 20-year marriage.

Marriage over 20 years: no presumption against alimony. Durational alimony capped at 75%, so a maximum of 15 years for a 20-year marriage, or 22.5 years for a 30-year marriage. ^[2]

The length is calculated from the date of the marriage to the date the petition for dissolution is filed, not the date of the final judgment.

What happens to existing alimony orders from before the 2023 law?

This is the thorniest part of the 2023 reform, and the area where you genuinely should talk to a Florida family law attorney before acting.

The short version: orders entered before July 1, 2023 were not automatically converted. If you have a permanent alimony order from a 2015 divorce, that order stays in effect. Nothing in the new law rescinded it.

The new law does let the paying spouse petition to modify or terminate a pre-2023 order based on reaching full retirement age, which the statute treats as a material change in circumstances. ^[1] Courts are split on whether applying this retroactively to pre-2023 orders is constitutional. Several cases were working through the Florida appellate system as of mid-2024.

If you have a pre-2023 permanent alimony order and you're paying it, don't just stop paying based on the new law. File a petition. An order modifying alimony is not retroactive to the date you stopped paying, so you'll owe arrears for any period you stopped without a court order.

The Florida Courts self-help website at flcourts.gov has the Supplemental Petition form and instructions. ^[3]

Is Florida alimony taxable income?

For divorces finalized on or after January 1, 2019, alimony is no longer deductible by the payer or includable as income by the recipient under federal tax law. The Tax Cuts and Jobs Act of 2017 changed this. ^[4]

So if your Florida divorce is finalized in 2024, the paying spouse cannot deduct alimony payments from federal taxable income, and the receiving spouse does not report them as income on their federal return. ^[4]

Pre-2019 divorce agreements operate under the old rules only if they weren't modified after December 31, 2018 in a way that explicitly adopted the new tax treatment.

For Florida state income tax, this is simpler: Florida has no state personal income tax, so there's no state-level tax issue with alimony payments either way.

What if we agree on alimony without going to court?

You can absolutely settle alimony by agreement. In most uncontested divorces, that's exactly what happens. Both spouses negotiate a Marital Settlement Agreement (MSA) that spells out whether alimony will be paid, the amount, the type, the duration, and the conditions for termination. The court reviews the MSA and, as long as it doesn't violate Florida public policy or the new statutory caps, typically approves it. ^[3]

A few things your MSA should address clearly on alimony:

• Whether either spouse waives the right to alimony entirely (you can do this)
• If alimony is agreed, the specific monthly amount
• The start date and end date, or the terminating event
• Whether the amount can be modified later or is fixed
• Whether cohabitation will trigger a modification right

DivorceClear is a $149 one-time self-help document preparation and organization service for uncontested, simple-custody divorces. You answer questions in plain language and get a personalized preparation packet: your worksheets and numbers organized, a settlement completeness outline, and a county-specific filing roadmap, so you can get organized without paying an attorney $2,000 to $5,000. It is not a law firm and does not give legal advice; court forms, deadlines, and fees are set by your state and county, and for advice about your situation you should consult a licensed family law attorney. See what the packet includes.

For comparison, a Florida family law attorney typically charges $250 to $500 per hour, and even a relatively simple contested alimony negotiation can run $5,000 to $20,000 in fees. For couples who genuinely agree, those costs are avoidable.

See how alimony in Texas and alimony in Washington State handle similar questions if you're comparing across state lines.

How do I file for divorce in Florida and where does alimony fit in the process?

Florida requires one spouse to have lived in the state for at least six months before filing. ^[5] The filing fee for a dissolution of marriage petition is set by county but typically runs $400 to $409 at the clerk of court. ^[6] If minor children are involved, add the parenting course fee (usually $25 to $50 per person). ^[3]

Here's where alimony fits in the sequence:

1. One spouse files the Petition for Dissolution of Marriage (Florida Supreme Court Approved Form 12.901(b)) in the circuit court of the county where either spouse lives. 2. The petition is served on the other spouse, who has 20 days to respond. 3. Both spouses complete and exchange Financial Affidavits (form 12.902(b) for income under $50,000/year or 12.902(c) for income over $50,000/year). These forms are the foundation for any alimony analysis. ^[3] 4. If alimony is disputed, it goes through mediation or a contested hearing. If agreed, it's included in the MSA. 5. At the final hearing, the judge reviews the MSA or rules on disputed issues and enters the Final Judgment of Dissolution.

For an uncontested case with no children and an agreed MSA, the whole process can take as little as 20 days after service (the mandatory waiting period), though most Florida counties take 60 to 90 days from filing to final judgment in practice. ^[5]

The Florida Courts self-help website (flcourts.gov) has every standard form you need, instructions for self-represented parties, and a county-by-county resource locator. ^[3]

Frequently asked questions

Did Florida eliminate permanent alimony in 2023?

Yes. Governor DeSantis signed HB 1409 on June 30, 2023, effective July 1, 2023, and the law eliminated permanent alimony for all divorce petitions filed on or after that date. Courts can no longer award alimony without a defined end date, except in extraordinary cases involving a disabling condition or advanced age where explicit written findings are required.

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

There's no absolute minimum. Even in a short-term marriage (under 3 years), a spouse can technically request alimony. But the 2023 law created a rebuttable presumption against any alimony for marriages under 20 years, and in very short marriages that presumption is extremely hard to overcome. Realistically, most awards come out of marriages of at least 7 to 10 years with a significant income gap.

Can a working spouse get alimony in Florida?

Yes. A working spouse can still receive alimony if their income is substantially lower than the other spouse's and they can show a financial need. Florida courts look at the gap between the marital standard of living and what the requesting spouse can achieve on their own income, not simply whether they are employed. The requesting spouse's ability to earn more through education or training is a factor that affects the type and duration, not a disqualification.

What is the average alimony payment in Florida?

There's no publicly reported average for Florida alimony awards. Florida does not have a formula, so awards vary enormously with income, marriage length, and the specific facts of each case. Practitioners sometimes use an informal benchmark of 17% to 33% of the income difference between spouses as a starting negotiation point, but that's a heuristic, not a statute. Your actual exposure depends on the financial affidavits both parties file.

Does cheating affect alimony in Florida?

It can. Florida Statute 61.08(1) explicitly lists adultery of either spouse and its economic impact as a factor courts may consider. The key is economic impact. If the cheating spouse spent marital money on an affair partner, or if the affair caused direct financial harm, courts will weigh that. General moral fault without a financial angle rarely moves the outcome significantly in a Florida courtroom.

Can I waive alimony in a Florida divorce agreement?

Yes. Both spouses can agree to waive alimony entirely, and courts routinely accept that waiver in a Marital Settlement Agreement. If you waive alimony in your MSA, you generally cannot come back later and request it, because the waiver is treated as a contract. Make sure you understand what you're giving up before signing, especially in a long-term marriage where one spouse significantly out-earns the other.

How does retirement affect alimony in Florida?

The 2023 law made reaching full Social Security retirement age (67 for those born after 1960) a basis to petition for modification or termination of alimony. This applies to both pre-2023 and post-2023 orders. The paying spouse must file a petition and the court decides, but reaching retirement age is now treated as a material change in circumstances by statute, which was not the case before July 1, 2023.

Is alimony taxable in Florida?

For any divorce finalized on or after January 1, 2019, alimony is not deductible by the payer and not taxable income to the recipient under federal law, following the Tax Cuts and Jobs Act of 2017. Florida has no state income tax, so there's no state tax issue. Pre-2019 agreements operate under the old rules unless they were modified post-2018 with explicit adoption of the new tax treatment.

Can Florida alimony be paid as a lump sum?

Yes. Florida courts can award lump-sum alimony, which is a single one-time payment rather than monthly installments. Courts tend to use this when the paying spouse has liquid assets, when there's a trust concern about ongoing compliance, or when the parties agree it's cleaner. A lump-sum award is not modifiable after it's paid. It can also be structured into a property transfer instead of cash.

Does cohabitation end alimony in Florida?

Not automatically. In Florida, if the receiving spouse moves in with a new partner in a supportive relationship, the paying spouse must petition the court to modify or terminate the alimony. The court then evaluates whether the relationship is financially supportive enough to reduce or eliminate the need. Remarriage is the trigger for automatic termination. Cohabitation requires a court order to change anything.

What forms do I need to request alimony in a Florida divorce?

You'll need the Petition for Dissolution of Marriage (Florida form 12.901(b)), which includes a checkbox to request alimony. Both spouses must complete a Financial Affidavit (form 12.902(b) or 12.902(c) depending on income level). If alimony is agreed, it goes in the Marital Settlement Agreement (form 12.902(f)(1) or equivalent). All forms are free at flcourts.gov under the self-help section.

How long does it take to get an alimony order in Florida?

In an uncontested case where alimony is agreed in the MSA, you can have a final order in as little as 30 to 90 days after filing, depending on the county's docket. Contested alimony cases take much longer. If both spouses disagree on alimony and the case goes to a hearing, 12 to 24 months from filing to final judgment is common in Florida's busier circuit courts.

Can men receive alimony in Florida?

Yes. Florida alimony law is gender-neutral. Courts apply the same need-and-ability-to-pay analysis regardless of which spouse is requesting support. In marriages where the wife is the higher earner, the husband can and does receive alimony awards. The 2023 reform did not change this aspect of the law.

What is a Financial Affidavit and why does it matter for alimony?

The Financial Affidavit (Florida forms 12.902(b) and 12.902(c)) is a sworn document each spouse completes listing all income, expenses, assets, and debts. It's the foundation for every alimony decision. If you understate income or overstate expenses and the other side finds it, you can face contempt of court. Judges use these affidavits to determine both the need for support and the paying spouse's capacity.

Sources

1. Florida Legislature, HB 1409 (2023) - Enrolled Bill: HB 1409 signed June 30, 2023, effective July 1, 2023; eliminates permanent alimony; creates presumption against alimony for marriages under 20 years; adds retirement age as modification basis
2. Florida Statutes Section 61.08 - Alimony: Lists types of alimony, durational caps by marriage length (50%/50%/60%/75%), statutory factors including adultery, and termination rules
3. Florida Courts - Self-Help Center, Family Law Forms: Official source for Financial Affidavit forms 12.902(b) and 12.902(c), Marital Settlement Agreement templates, and Supplemental Petition to Modify Alimony
4. IRS - Publication 504, Divorced or Separated Individuals: For divorces finalized on or after January 1, 2019, alimony is not deductible by the payer and not includable as income by the recipient under the Tax Cuts and Jobs Act of 2017
5. Florida Statutes Section 61.021 - Residence requirements: One spouse must have resided in Florida for at least 6 months before filing for dissolution of marriage
6. Florida Clerk of Courts - Filing Fees Schedule: Filing fee for dissolution of marriage petition is approximately $400 to $409 depending on county; additional fees apply when minor children are involved
7. Florida Statutes Section 61.001 - Legislative purpose, dissolution of marriage: Florida is a no-fault divorce state; irretrievable breakdown of the marriage is the sole grounds required
8. Social Security Administration - Full Retirement Age: Full Social Security retirement age is 67 for individuals born after 1960, the definition referenced in Florida's 2023 alimony modification statute
9. Florida Senate Staff Analysis, HB 1409 (2023): 2023 Florida alimony reform legislative history and staff analysis of the bill's provisions
10. Florida Statutes Section 61.30 - Child support guidelines (context for absence of alimony formula): Florida uses a statutory formula for child support but has no equivalent formula for alimony, leaving alimony amounts to judicial discretion under 61.08