Alimony (spousal support) in Florida is designed to help a lower-earning spouse maintain a reasonable standard of living after divorce. This comprehensive guide covers the types of alimony available in Florida, how courts calculate amounts, duration guidelines, modification rules, and the impact of remarriage, cohabitation, and retirement on support obligations. Understanding Florida’s alimony laws helps both paying and receiving spouses plan their financial futures.
Verified against Florida family law statutes as of May 2026.
In This Florida Alimony Guide:
Types of Alimony in Florida
Florida courts may award the following types of alimony:
- Temporary alimony (pendente lite
- during proceedings)
- Bridge-the-Gap alimony (assists transition from married to single life
- max 2 years
- not modifiable in amount or duration)
- Rehabilitative alimony (assists in developing capacity for self-support through education/training
- requires a specific rehabilitative plan
- max 5 years)
- Durational alimony (provides support for a set period tied to marriage length
- most common form post-2023 reform). Permanent alimony was abolished effective July 1
- 2023 by SB 1416.
How Florida Calculates Alimony
Florida uses a guideline formula for calculating alimony: Alimony amount is capped at the lesser of: (1) the obligee’s reasonable need, or (2) 35% of the difference between the parties’ net incomes. The award may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances. Duration caps for durational alimony: short-term marriage (under 10 years) — up to 50% of marriage length; moderate-term marriage (10-20 years) — up to 60% of marriage length; long-term marriage (20+ years) — up to 75% of marriage length. Marriages under 3 years are ineligible for durational alimony. Courts may exceed duration limits only upon clear and convincing evidence of exceptional circumstances.
Florida courts consider these factors when determining alimony:
- Per Florida Statute 61.08(3)
- the court shall consider all relevant factors including but not limited to: (a) The standard of living established during the marriage and the anticipated needs and necessities of life for each party after entry of the final judgment; (b) The duration of the marriage; (c) The age
- physical
- mental
- and emotional condition of each party
- including whether either party is physically or mentally disabled and the resulting impact on either the obligee’s ability to provide for his or her own needs or the obligor’s ability to pay alimony
- and whether such conditions are expected to be temporary or permanent; (d) The resources and income of each party
- including income generated from both nonmarital and marital assets; (e) The earning capacities
- educational levels
- vocational skills
- and employability of the parties and
- when applicable
- the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment; (f) The contribution of each party to the marriage
- including but not limited to services rendered in homemaking
- child care
- education
- and career building of the other party; (g) The responsibilities each party will have with regard to any minor children whom the parties have in common
- with special consideration given to the need to care for a child with a mental or physical disability; (h) The tax treatment and consequences to both parties of any alimony award
- including the designation of all or a portion of the payment as a nontaxable
- nondeductible payment; (i) All sources of income available to either party
- including income available to either party through investments of any asset held by that party; (j) Any other factor necessary for equity and justice between the parties
- which shall be specifically identified in the written findings of fact. The court may also consider the adultery of either spouse and any resulting economic impact.
Income disparity: YES. The court must first determine that one party has an actual need for alimony and the other party has the ability to pay before awarding any form of alimony. This requires showing a financial need and income disparity. Additionally, the alimony award may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances.
Vocational evaluation: YES. Florida courts commonly use vocational evaluations (occupational assessments) conducted by vocational experts to assess a party’s earning capacity. The court may impute income to a party found to be voluntarily unemployed or underemployed. The vocational expert reviews work history, educational background, job training, health, age, length of absence from the workforce, and other factors. The party seeking imputation of income bears the burden of proving that the other party could be earning more. Imputed income is used in both alimony and child support calculations.
Florida Alimony Duration Guidelines
YES. Florida uses a rebuttable presumption system based on marriage length. Short-term marriage: less than 10 years — durational alimony capped at 50% of marriage length. Moderate-term marriage: 10 to 20 years — durational alimony capped at 60% of marriage length. Long-term marriage: 20 years or more — durational alimony capped at 75% of marriage length. Marriages under 3 years are ineligible for durational alimony. Bridge-the-gap alimony is capped at 2 years regardless of marriage length. Rehabilitative alimony is capped at 5 years regardless of marriage length. Courts may exceed duration caps only upon clear and convincing evidence of exceptional circumstances.
| Marriage Length | Typical Alimony Duration |
|---|---|
| Short-term (under Less than 10 years (rebuttable presumption under Fla. Stat. 61.08)) | Rehabilitative or bridge-the-gap; limited duration |
| Moderate-term | Durational alimony; set period based on marriage length |
| Long-term (20 years or more (rebuttable presumption under Fla. Stat. 61.08). Note: permanent alimony has been abolished entirely as of July 1, 2023, so even long-term marriages receive durational alimony capped at 75% of marriage length.+) | May qualify for permanent or indefinite alimony |
Permanent alimony: NO. Permanent (lifetime) alimony was abolished effective July 1, 2023 by Senate Bill 1416. It has been replaced with durational alimony with duration caps. For marriages over 20 years, durational alimony may last up to 75% of the marriage length. The reform does not retroactively apply to pre-July 1, 2023 final judgments, so existing permanent alimony orders remain in effect unless modified.
Modifying & Terminating Florida Alimony
Modification: YES. Alimony (except bridge-the-gap, which is not modifiable in amount or duration) may be modified upon a showing of a substantial change in circumstances that was not contemplated at the time of the original award. Grounds for modification include: significant change in either party’s income, supportive relationship/cohabitation of the obligee, retirement of the obligor at reasonable age, and involuntary job loss. The party seeking modification bears the burden of proof. Rehabilitative alimony may be modified if the rehabilitative plan is not being followed or upon completion.
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Cohabitation: YES, cohabitation affects alimony. Under Fla. Stat. 61.14(1)(b), the court may reduce or terminate alimony upon written findings that a supportive relationship exists between the obligee and a person with whom the obligee resides. A supportive relationship must have existed for at least 12 months (one year). The court considers factors including: whether the couple holds themselves out as married, the duration of cohabitation, whether they have pooled assets or income, whether one supports the other in whole or in part, and whether one performs valuable services for the other. The relationship need not be romantic or conjugal — even platonic cohabitation providing economic support may qualify. The burden is on the obligor (payor) to prove by a preponderance of the evidence that a supportive relationship exists.
Remarriage: YES. Remarriage of the obligee (recipient) automatically terminates alimony. Bridge-the-gap and durational alimony terminate upon the remarriage of the obligee or upon the death of either party. The payor must file a petition to formally terminate the obligation and provide proof such as a certified marriage certificate.
Retirement: The payor may file a petition for modification no more than 6 months before anticipated retirement. The court may reduce or terminate alimony upon written findings that the obligor has reached normal retirement age (as defined by the Social Security Administration) or the customary retirement age for his or her profession, and has taken demonstrative and measurable efforts to retire or has actually retired. The burden is on the obligor to prove by a preponderance of the evidence that retirement reduces ability to pay. If that burden is met, the burden shifts to the obligee to prove alimony should not be reduced or terminated. The court considers the factors in 61.08(3) when deciding.
Tax Implications of Florida Alimony
Under the Tax Cuts and Jobs Act (2017), for divorce agreements executed after December 31, 2018, alimony payments are not deductible by the paying spouse and not taxable income for the receiving spouse at the federal level. This applies to all Florida divorces finalized after that date.
For divorces finalized before 2019, the old rules still apply unless the agreement is modified to adopt the new tax treatment.
Impact of Misconduct on Florida Alimony
Adultery: YES. The court may consider the adultery of either spouse and any resulting economic impact in determining the amount of alimony to be awarded. However, adultery alone — without a showing of economic impact such as dissipation of marital assets — is generally insufficient to alter alimony. Courts look for concrete financial misconduct such as spending marital funds on the affair (gifts, travel, hotels). Even with adultery evidence, the statutory 35% income-difference cap and duration caps still apply.
Other marital misconduct: Florida is a no-fault divorce state, but the court may consider marital misconduct to the extent it has had an economic impact on the marital estate. Under Fla. Stat. 61.08, the court considers “any other factor necessary for equity and justice between the parties” which can include misconduct that affected marital finances. However, non-economic marital misconduct (emotional abuse, verbal abuse, etc.) is generally not a factor in alimony determinations.
Additional Florida rules: (1) SB 1416 Reform (effective July 1, 2023): Major overhaul that abolished permanent alimony, established the 35% net income difference cap, created marriage-length duration caps for durational alimony, and set a 3-year minimum marriage for durational alimony eligibility. (2) Non-retroactivity: The reform does not retroactively apply to final judgments entered before July 1, 2023, though those orders may be subject to modification under the new law’s standards if there is a substantial change in circumstances. (3) Simultaneous awards: The court may award more than one form of alimony simultaneously (e.g., bridge-the-gap plus rehabilitative). (4) Priority of forms: The court must first consider bridge-the-gap and rehabilitative alimony before considering durational alimony — the statute establishes a hierarchy. (5) Written findings required: The court must make specific written findings of fact relative to each factor enumerated in the statute to justify any alimony award. (6) Exceptional circumstances: Duration caps can only be exceeded upon clear and convincing evidence of exceptional circumstances. (7) No state income tax: Florida has no state income tax, which is relevant to net income calculations and tax treatment of alimony.
Official Sources & Resources
- Cornell LII — Alimony: law.cornell.edu
- NCSL Spousal Support: ncsl.org
- Florida Alimony Statute: Florida Statutes § 61.08 (Alimony) and § 61.14 (Enforcement and modification of support, maintenance, or alimony agreements or orders). As amended by Senate Bill 1416, effective July 1, 2023.
Last verified May 2026. Contact us if you notice outdated information.