Family Law · Alimony
Alimony and Spousal Support During Divorce
Florida's alimony rules give judges real discretion. The right advocacy can be the difference between a fair outcome and one that doesn't fit your reality.
It's not unusual to have questions about support obligations in divorce, including specific questions about alimony. We can help you through the divorce process and in determining how alimony may affect your situation. Our firm represents men and women in divorce, property division, child custody, and all related family-law issues. When you work with our team, you get our full attention at every step.
How Alimony Is Determined in Florida
Before anything else, the court must decide whether one spouse has an actual need for support and whether the other spouse has the ability to pay it. If both are shown, the court weighs the factors set out in Florida's alimony statute when deciding whether to order alimony payments, including:
- The length of the marriage. Short, moderate, and long-term marriages are treated differently under Florida statute. Since July 1, 2023, a marriage of under 10 years is short-term, a marriage of 10 to 20 years is moderate-term, and a marriage of 20 years or more is long-term, measured from the date of marriage to the date the divorce petition is filed.
- Financial need vs. ability to pay. Both halves of the equation matter, and the court must find both before it can award alimony.
- The standard of living during the marriage. The court looks at the lifestyle you established together, along with each spouse's needs after the divorce.
- The ability of both spouses to support themselves. This includes earning capacity, education, vocational skills, and employment history.
- Each spouse's financial resources. This includes the marital and non-marital assets each of you receives in the property division.
- Contributions to the marriage. Homemaking, child care, and helping the other spouse build a career or complete an education all count, not just paychecks.
- The age and health of both parties. Physical and mental health can shift the analysis.
- Adultery. Florida is a no-fault divorce state, but a judge may consider either spouse's adultery, and the circumstances around it, when setting the amount of alimony.
Types of Alimony in Florida After the 2023 Reform
Florida overhauled its alimony law effective July 1, 2023. Permanent alimony was eliminated for new awards, and each type of alimony that remains has a defined purpose and, in most cases, a firm time limit.
- Temporary alimony. Support paid while the divorce is pending. It covers the period until the final judgment is entered.
- Bridge-the-gap alimony. Helps a spouse make the transition from married to single life by covering identifiable short-term needs. It cannot last more than 2 years and cannot be modified in amount or length.
- Rehabilitative alimony. Supports a spouse while they complete the education, training, or work experience needed to become self-supporting, or redevelop previous skills or credentials. It requires a specific, defined plan and cannot last more than 5 years.
- Durational alimony. Provides support for a set period after a short, moderate, or long-term marriage. It is not available after a marriage of less than 3 years, and its length cannot exceed 50 percent of the length of a short-term marriage, 60 percent of a moderate-term marriage, or 75 percent of a long-term marriage.
- Permanent alimony. No longer available for new awards. Permanent awards entered before the reform were not automatically ended, and whether one can now be modified depends on the facts of the case.
Discretion and Strategy
Other factors can affect alimony, including child custody and child support. While there are statutory guidelines for support obligations, judges have real discretion when ordering alimony. We work to protect your rights and make sure a fair divorce settlement is reached, whether you're the spouse seeking support or the one being asked to pay.
When Alimony Can Change or End
An alimony award is not always the last word. Depending on the type of alimony and the terms of your judgment, support can be modified or ended when life changes:
- Substantial change in circumstances. A significant, lasting change in either spouse's finances, such as a serious health problem or a major involuntary drop in income, can support a request to modify or terminate alimony.
- Supportive relationship. If the spouse receiving alimony enters a supportive relationship with another person, the court can reduce or end the award.
- Retirement. The 2023 law added rules that let a paying spouse ask the court to reduce or end alimony based on a planned, reasonable retirement. The court considers factors such as age, health, the type of work, and the customary retirement age in the paying spouse's field.
- Remarriage or death. Bridge-the-gap and durational alimony end when the receiving spouse remarries or when either spouse dies.
- Bankruptcy does not erase it. Alimony and child support are domestic support obligations that cannot be discharged in Chapter 7 or Chapter 13 bankruptcy. If other debts are making support hard to keep up with, our bankruptcy team can explain how filing can relieve those debts so you can stay current.
Common Questions
Florida Alimony Questions, Answered
Is permanent alimony still available in Florida?
No. Florida eliminated permanent alimony for new awards when its alimony reform took effect on July 1, 2023. Courts can now award temporary, bridge-the-gap, rehabilitative, or durational alimony. Permanent awards entered before the change were not automatically ended, but they may be open to modification depending on the circumstances.
How long does alimony last in Florida?
It depends on the type. Bridge-the-gap alimony lasts no more than 2 years, rehabilitative alimony no more than 5 years, and durational alimony is capped at 50, 60, or 75 percent of the length of a short, moderate, or long-term marriage. Temporary alimony lasts only while the divorce is pending.
How long do you have to be married to get alimony in Florida?
Florida does not set one minimum for every type of alimony, but durational alimony is not available after a marriage of less than 3 years. The length of the marriage is measured from the wedding date to the date the divorce petition is filed. In every case, the court must first find that one spouse needs support and the other can afford to pay it.
Does adultery affect alimony in Florida?
It can. Florida is a no-fault divorce state, so you do not need to prove wrongdoing to get divorced, but a judge may consider either spouse's adultery and the circumstances around it when deciding the amount of alimony. How much weight it carries depends on the facts of the case.
Can alimony be modified or terminated after the divorce?
In most cases, yes. Either spouse can ask the court to modify or end alimony after a substantial change in circumstances, and the court can also reduce or end it if the receiving spouse is in a supportive relationship. The 2023 law added rules for modification when the paying spouse plans to retire. Bridge-the-gap alimony is the exception, because it cannot be modified in amount or length.
Does alimony end if my ex-spouse remarries?
Bridge-the-gap and durational alimony end when the receiving spouse remarries or when either spouse dies. If the receiving spouse is in a supportive relationship with a new partner instead of remarrying, the paying spouse can ask the court to reduce or end alimony on that basis.
Can alimony be discharged in bankruptcy?
No. Alimony and child support are domestic support obligations, and they cannot be discharged in Chapter 7 or Chapter 13 bankruptcy. Bankruptcy can still help a paying spouse eliminate or restructure other debts, which can make it easier to stay current on support.
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