2023 Florida alimony reform law

Florida’s 2023 reform (SB 1416\) applies to final judgments entered on or after July 1, 2023\. It eliminated permanent alimony going forward and narrowed the focus to time-limited awards.

The reform also tightened durational alimony in two important ways:

It also strengthened rules on two common modification triggers: supportive relationships (cohabitation-like relationships) and retirement.

One quick correction to a common misconception: the reform did not eliminate adultery as a factor across the board. The statute still allows courts to consider adultery and any resulting economic impact when determining the amount of alimony.

Types of alimony in Florida

Florida recognizes several forms of alimony, but the key is that each one has a specific job. Courts can award one type or a combination, depending on what fits your facts.

Bridge-the-gap alimony

This is short-term support meant to help you transition from married life to single life, covering identifiable short-term needs. It’s intentionally limited:

Bridge-the-gap is often used for immediate expenses that come with separating households, like setting up a new place to live.

Rehabilitative alimony

Rehabilitative alimony is designed to help you become self-supporting through education, training, or rebuilding work experience. The law requires a specific rehabilitative plan in the order, and the duration is capped:

Durational alimony

Durational alimony is the main long(ish)-term support tool after the 2023 changes. It’s used when ongoing help is appropriate, but permanent alimony is not available.

Key limits to know:

Durational alimony is also capped in amount. It can’t exceed the recipient’s reasonable need, and it also can’t exceed 35% of the difference between the parties’ net incomes, whichever is less.

Permanent alimony (pre-2023 cases only)

Permanent alimony is no longer available in new judgments entered on or after July 1, 2023\.

If you already have a permanent alimony award from before the reform, modification is still case-specific, but the updated law provides clearer paths to argue modification or termination in situations like retirement or supportive relationships.

Marriage length categories

Florida uses marriage length categories because they directly affect whether durational alimony is available and how long it can last.

Marriage length is measured from the date of marriage to the date the divorce is filed.

How long can alimony last in Florida?

This is one of the most practical parts of the new law. If durational alimony is awarded, the maximum duration is capped at:

Courts can extend beyond these caps only under exceptional circumstances, and the statute lays out additional factors the court must consider when doing that.

Factors courts consider in awarding alimony

Florida doesn’t use a single universal alimony calculator that spits out the number for every case. Instead, the court looks at a list of statutory factors, including the standard of living during the marriage, the length of the marriage, each spouse’s age and health, financial resources, earning capacity, contributions to the marriage (including homemaking and childcare), and parenting responsibilities going forward.

This is also where the court can consider adultery, but the statute frames it in terms of adultery and any resulting economic impact.

How is alimony calculated in Florida?

Here’s the plain-English version: the court looks at what you reasonably need to maintain something close to the marital standard of living (to the extent possible), and what your spouse can reasonably pay while still meeting their own needs. Then the court applies the type-specific caps.

Need and ability to pay

The court’s decision generally hinges on two realities: your actual need and your spouse’s ability to pay after looking at income, assets, and expenses. The statutory factors guide that analysis and should be addressed with real financial documentation, not estimates.

Imputation of income

If the court believes a spouse is voluntarily unemployed or underemployed, it can attribute income based on work history and earning capacity. This comes up most often when someone suddenly changes jobs, reduces hours, or stops working during the divorce. (In Florida, income definitions for these calculations commonly track the child support net-income framework referenced in the durational alimony provision.)

Modification and termination of alimony

Life changes, and Florida allows modification in certain circumstances, but you typically need a meaningful change, and you usually need to file a formal petition.

Retirement

The 2023 reform codified standards and procedures for retirement-related modification or termination. It also allows a paying spouse to apply for modification no sooner than 6 months before the planned retirement.

Supportive relationships

Florida law can require a court to reduce or terminate alimony if it makes specific written findings that a supportive relationship exists. The statute lays out a structured approach, including burden-shifting once the relationship is proven.

Termination of alimony

Some termination triggers are straightforward:

For supportive relationships and other modification-based terminations, you generally need a court order after filing the proper request.

Legal guidance for Florida alimony cases

Alimony outcomes in Florida now depend heavily on matching the right type of support to the facts, documenting need and ability to pay, and understanding how the 2023 limits apply to duration and net-income caps. If you’re seeking alimony, you’ll want to build a clean record that supports the specific type you’re requesting. If you’re paying, you’ll want to make sure any request stays within the new statutory boundaries.

At Marble, we can help you connect with a Florida divorce attorney who understands the 2023 reform and can help you evaluate options, negotiate a workable agreement, or pursue modification when circumstances change.