Florida Alimony Reform: What Changed and How It Affects Your Divorce

Florida’s alimony laws underwent significant changes in 2023 when Governor DeSantis signed Senate Bill 1416 into law. If you’re considering divorce or currently going through one, these changes directly affect your financial future. Understanding the new framework helps you prepare for realistic outcomes in your case.

The End of Permanent Alimony

The most substantial change involves the elimination of permanent alimony in Florida. Previously, courts could award indefinite spousal support, particularly in long-term marriages. Under the new law, durational alimony—support with a defined end date—is now the longest-term option available.

This shift reflects a broader policy change in how Florida views post-divorce financial obligations. The goal is to provide transitional support rather than lifetime dependency.

Four Types of Alimony Remain

Florida courts can still award four types of alimony under the reformed system:

Temporary Alimony provides support during the divorce proceedings. This ends when the divorce is finalized and helps maintain stability while the case is pending.

Bridge-the-Gap Alimony assists with short-term transitional needs and cannot exceed two years. This type helps a spouse adjust to single life by covering immediate expenses like housing deposits or job search costs.

Rehabilitative Alimony supports education or job training for up to five years. Recipients must present a specific plan for becoming financially self-sufficient through skill development or career advancement.

Durational Alimony provides longer-term support with limits tied to marriage length:

• Marriages of 3-10 years: Support cannot exceed 50% of the marriage duration
• Marriages of 11-20 years: Support cannot exceed 60% of the marriage duration
• Marriages over 20 years: Support cannot exceed 75% of the marriage duration

Marriages lasting less than three years generally do not qualify for alimony under the new framework.

The 35% Income Cap

The new law establishes a payment ceiling for durational alimony. Awards cannot exceed the lesser of:

• The recipient’s genuine, reasonable financial needs, or
• 35% of the difference between the spouses’ net incomes

This formula provides more predictability in alimony calculations while ensuring awards remain reasonable relative to both parties’ financial circumstances.

Adultery Now Matters

While Florida remains a no-fault divorce state—meaning neither spouse needs to prove wrongdoing to obtain a divorce—adultery now plays a role in alimony determinations. Courts may consider a spouse’s infidelity and its economic impact when calculating spousal support.

This represents a departure from previous practice where marital misconduct had minimal bearing on financial outcomes.

Modifications and Retirement

The reformed law also addresses alimony modifications. Significant changes in circumstances can still justify modification requests. Notably, the paying spouse’s retirement may now serve as grounds for reducing or terminating alimony, provided the retirement is reasonable given their age and health.

What This Means for Your Case

These changes affect both those seeking alimony and those who may be required to pay. If you’re the higher-earning spouse, the new limits provide more certainty about your long-term obligations. If you anticipate needing support, understanding these caps helps you plan realistically for your post-divorce financial life.

Every divorce involves unique circumstances. Consulting with an experienced family law attorney ensures you understand how these reforms apply to your specific situation and helps you prepare for the most favorable outcome possible.