Alimony Laws in Florida (2026): Major Changes You Should Know
Most people think alimony means paying your ex forever. Not anymore. Florida completely changed the game in 2023, and those rules are still in effect today.
The biggest change? Permanent alimony is gone. Seriously. No more lifetime payments to your former spouse.
Let’s break down exactly what you need to know about alimony in Florida right now.
What Is Alimony?
Alimony is money one spouse pays to the other after a divorce. It’s also called spousal support or maintenance.
The whole point is to help the lower-earning spouse maintain a similar lifestyle after the marriage ends. At least for a while.
But here’s the thing. Not everyone gets alimony. You have to prove you actually need it. And your ex has to be able to pay it.
Pretty straightforward, right?
The Big 2023 Reform That Changed Everything
On July 1, 2023, Florida passed Senate Bill 1416. This law completely overhauled alimony in the state.
Here’s what changed:
Permanent alimony was eliminated entirely. No more paying your ex until one of you dies. Durational alimony became the standard for longer marriages. This type has strict time limits based on how long you were married.
The law also capped how much you can be ordered to pay. Maximum is 35% of the difference between your net incomes.
These changes apply to all divorces filed on or after July 1, 2023. If your divorce was finalized before that date, the old rules might still apply to you. Unless you modify your agreement.
Hold on, this part is important. The 2023 changes are still the current law in 2026. Nothing major has changed since then.
How Florida Decides If You Get Alimony
Before a judge awards alimony, they need to see two things:
First, the spouse asking for money must prove they genuinely need it. Second, the other spouse must have the ability to pay.
Wondering if this applies to you? Courts look at your financial affidavits. These documents show your income, expenses, assets, and debts.
If you earn similar amounts, alimony probably won’t happen. If one spouse is living paycheck to paycheck, they might not be able to pay either.
Florida law actually prohibits awards that leave the paying spouse with less income than the receiving spouse. That wouldn’t be fair to anyone.
What Factors Do Judges Consider?
Judges have to look at specific factors when deciding alimony. These are written right into Florida law.
The length of your marriage is huge. Short marriages get different treatment than long ones. Your standard of living during the marriage matters. Courts try to help both spouses maintain a similar lifestyle.
Each spouse’s age and health come into play. A 60-year-old who hasn’t worked in decades faces different challenges than a healthy 35-year-old.
Financial resources count too. This includes income from jobs, investments, retirement accounts, everything.
Education level and job skills matter. Can you support yourself? Do you need training or education to get back into the workforce?
Contributions to the marriage are important. Did you stay home with the kids while your spouse built their career? That counts. Did you put your spouse through medical school? That counts too.
Responsibilities for minor children factor in. Especially if you’re caring for a child with disabilities.
Tax consequences get considered. And judges can look at any other factor they think is relevant to make things fair.
Types of Alimony in Florida
Florida now has four types of alimony. Each one serves a different purpose.
Let me break them down.
Temporary Alimony
This is support paid while your divorce is still pending. It keeps things stable until everything is finalized.
Temporary alimony ends the day your divorce becomes final. It can’t be modified once it’s ordered.
Think of it as a bridge to get you through the divorce process itself.
Bridge-the-Gap Alimony
Bridge-the-gap helps you transition from married life to single life. It covers short-term, specific needs.
Maybe you need first and last month’s rent on a new place. Maybe you need money to buy a car. Moving expenses. Utility deposits. Things like that.
The maximum length is two years. Period. Once the court sets the amount and duration, it cannot be changed. Not modifiable at all.
This type ends if either spouse dies or if the receiving spouse remarries.
Okay, this one’s important. Bridge-the-gap is the only type of alimony that can’t be modified. All the others can be changed if circumstances change substantially.
Rehabilitative Alimony
This type helps you become financially independent. It’s meant to fund education, training, or career development.
You need a specific plan. The court won’t just hand you money and hope for the best.
Your plan needs to include what program you’re doing, how much it costs, and how long it takes. It should also explain how this training will help you support yourself.
The maximum length is five years. Rehabilitative alimony can be modified if your circumstances change. It can also be changed if you don’t follow your plan. Or if you finish your plan early.
Here’s the deal. Stay-at-home parents often get this type. Maybe you left the workforce to raise kids. Now you need to update your skills or get new certifications.
Makes sense, right?
Durational Alimony
This is the big one. Durational alimony replaced permanent alimony for most situations.
It provides economic support for a set period of time. The length depends on how long you were married.
But here’s where it gets interesting. Not all marriages qualify for the same duration.
Florida divides marriages into three categories:
Short-term marriages last less than 10 years. Durational alimony is capped at 50% of the marriage length. And honestly, you can’t even get durational alimony if your marriage lasted less than three years.
Moderate-term marriages last between 10 and 20 years. Durational alimony is capped at 60% of the marriage length.
Long-term marriages last 20 years or more. Durational alimony is capped at 75% of the marriage length.
For example, if you were married for 16 years, that’s moderate-term. Maximum alimony duration would be 16 years times 60%, which equals 9.6 years.
Sound complicated? It’s actually not. The formula is straightforward once you know your marriage category.
The amount can be modified if circumstances change substantially. But the duration almost never changes. Only in exceptional circumstances can a judge extend it.
What counts as exceptional? Usually things like caring for a disabled child. Or having a severe disability that prevents you from working.
Durational alimony ends automatically if either spouse dies or if the receiving spouse remarries.
How Much Can Alimony Be?
Now, here’s where things get serious. Florida caps the amount of alimony you can receive.
The maximum is the lesser of two things:
The recipient’s reasonable need, OR 35% of the difference between the spouses’ net incomes.
Whichever is lower wins.
Let’s say you need $1,000 per month to cover your basic expenses. Your spouse earns $6,000 per month in net income. You earn $2,000 per month.
The difference is $4,000. Take 35% of that, and you get $1,400.
But wait. You only need $1,000. So the court would award $1,000, not $1,400.
Now flip it. Let’s say you need $2,000 per month. Using the same incomes, the 35% cap gives you a maximum of $1,400.
Even though you need more, you can only get $1,400. The cap is the cap.
Honestly, this is the part most people miss. Need doesn’t automatically equal what you get.
What’s Included in Net Income?
Net income isn’t just your paycheck. It includes all sources of income.
Employment income counts. Salaries, wages, bonuses, commissions, all of it. Retirement benefits count too. Pensions, 401(k) distributions, Social Security.
Investment income gets included. Dividends, interest, rental income. Basically anything that puts money in your pocket.
Then you subtract certain things. Federal, state, and local taxes come out. Child support payments you make come out. Mandatory retirement contributions come out.
What’s left is your net income. That’s what the court uses for the 35% calculation.
When Can Alimony Be Modified?
Life changes. Sometimes those changes are big enough to modify alimony.
But wait, there’s more to know. Not all changes qualify.
The change has to be substantial, involuntary, and permanent. All three.
Job Loss
Losing your job might qualify. But it has to be through no fault of your own.
Layoffs count. Company closures count. Your position being eliminated counts.
Quitting because you’re tired of your boss? Probably not going to work.
If you lose your job, file for modification immediately. Don’t wait. Modifications only take effect from the date you file, not from when you actually lost your job.
Income Changes
A major decrease in income can justify modification. But it needs to meaningfully change the income gap between you and your ex.
If you were earning $100,000 and now earn $50,000, that’s substantial.
If you were earning $100,000 and now earn $95,000, probably not substantial enough.
Income increases for the receiving spouse can also trigger modifications. Got a big promotion? Your ex might petition to reduce or end alimony.
Retirement
Once you reach typical retirement age (usually 65 to 67), you can petition for modification or termination.
The court looks at whether your retirement is reasonable. Your age matters. Your health matters. Your career history matters.
Retiring at 45 because you’re sick of working won’t fly. The court might see that as dodging your obligations.
Retiring at 67 after a full career? Much more likely to be approved.
Health Issues
Serious health problems or disabilities can warrant modification. You need solid medical documentation.
Show how your condition affects your ability to work. Show how it impacts your finances.
This works both ways. If you’re paying and you become disabled, you might get a reduction. If you’re receiving and you become disabled, you might get an increase.
Remarriage
If the receiving spouse remarries, alimony ends automatically. No court hearing needed. It just stops.
Cohabitation is different though. If the recipient lives with a new partner in a supportive relationship for at least one year, the paying spouse can petition to end alimony.
What’s a supportive relationship? The court looks at whether the couple shares finances, owns property together, presents themselves as a couple, that sort of thing.
Confused about the difference? Remarriage is automatic. Cohabitation requires proof and a court order.
How to Request Alimony Modification
You need to file a Supplemental Petition for Modification of Alimony. This is an official court document.
Include a Financial Affidavit. Use the short form or long form depending on your income level.
File a Certificate of Compliance with Mandatory Disclosure. This shows you’ve exchanged financial information with your ex.
Then you need to schedule a Notice of Hearing. This tells everyone when the court will hear your case.
The court typically encourages mediation first. Try to work it out before going to trial.
Making sure your paperwork is accurate and complete really helps. Mistakes can slow everything down.
Not sure what counts as a violation? Talk to a family law attorney. They can tell you if your situation qualifies for modification.
Can You Avoid Paying Alimony?
You’re not alone, this confuses a lot of people. But the answer is pretty straightforward.
You can’t avoid alimony if the court has ordered it. Period.
Trying to hide income or assets is a terrible idea. Courts can hold you in contempt. That means fines or even jail time.
Quitting your job to avoid payments doesn’t work either. Courts can impute income to you. That means they calculate what you should be earning based on your skills and experience.
What you can do is negotiate during your divorce. Try to reach an agreement that works for both of you. Maybe you pay a lump sum instead of monthly payments.
Or maybe you give up a bigger share of marital assets in exchange for no alimony. Courts often approve reasonable agreements.
The key word? Reasonable.
Special Circumstances and Exceptions
Most alimony follows the rules we’ve covered. But some situations are different.
Adultery
Courts can consider adultery when deciding alimony. But only if it had an economic impact on the marriage.
If your spouse’s affair drained the bank account paying for hotels and gifts, that matters. If the affair itself didn’t cost money, it probably won’t affect alimony much.
Marriages Under Three Years
Super short marriages usually don’t qualify for durational alimony. The law sets three years as the minimum.
You might still get bridge-the-gap or rehabilitative alimony though.
Caring for a Disabled Child
If you’re the primary caregiver for a child with disabilities, courts can extend durational alimony beyond the normal caps.
This is one of the few exceptions where the duration limits can be exceeded.
Extreme Circumstances
Courts can consider other exceptional circumstances too. Severe disabilities, unusual financial situations, things like that.
These are rare. Don’t count on them unless your situation is truly extraordinary.
Tax Treatment of Alimony
Here’s something that surprises people. The tax rules changed in 2019.
If your divorce was finalized on or after January 1, 2019, alimony is not tax-deductible for the payer. The recipient doesn’t pay taxes on it either.
It’s basically treated as a tax-neutral transfer of money.
If your divorce was finalized before 2019, the old rules might still apply. The payer could deduct it. The recipient had to pay taxes on it.
This can make a big difference in your finances. Factor it into your planning.
Lump Sum vs. Periodic Payments
Alimony can be paid in different ways.
Periodic payments are the most common. You pay a set amount on a regular schedule. Monthly, bi-weekly, whatever the court orders.
Lump sum means you pay everything at once. Or in a few large payments.
Lump sum alimony has some advantages. It’s final. No going back to court for modifications. No worrying about your ex’s future circumstances.
But it requires having enough cash or assets available right now. Not everyone can do that.
The type of alimony (bridge-the-gap, rehabilitative, or durational) is separate from how you pay it. You can have durational alimony paid as a lump sum, for example.
What Happens If You Don’t Pay?
Don’t worry, we’ll break it down step by step. Missing alimony payments is serious.
Your ex can file a motion for contempt. If the court finds you in contempt, consequences can include wage garnishment, liens on your property, suspension of your driver’s license, or even jail time.
Courts don’t mess around with alimony enforcement.
If you genuinely can’t afford to pay, file for modification immediately. Don’t just stop paying and hope for the best.
Explain your situation to the court. Provide documentation. Show you’re trying to do the right thing.
Arrears (back payments) don’t just disappear. They accumulate with interest. Even if alimony ends, you still owe what you didn’t pay.
Do Prenuptial Agreements Affect Alimony?
Yep, they can.
If you signed a valid prenuptial agreement before getting married, it might limit or eliminate alimony. Courts generally enforce these agreements as long as they’re fair and both parties had proper legal representation.
Post-nuptial agreements work similarly. These are agreements made after you’re already married.
Can you negotiate alimony as part of your divorce settlement? Absolutely. Many couples do.
The court has to approve your agreement. But if it’s reasonable and both parties consent, judges usually sign off.
This can give you more control over the outcome than leaving it entirely up to a judge.
Resources and Help
Navigating alimony laws can feel overwhelming. You don’t have to do it alone.
Here are some places to start:
Consider consulting with a Florida family law attorney. They can evaluate your specific situation and explain your options.
Florida Courts website has forms and information. You can find the official alimony statute there too.
Legal aid organizations help people who can’t afford private attorneys. Check if you qualify for free or low-cost assistance.
Mediation can be less expensive and less stressful than going to trial. Many counties require it before you can have a court hearing.
Take your time researching. Talk to professionals. Make informed decisions.
Frequently Asked Questions
How long do you have to be married to get alimony in Florida?
There’s no minimum for bridge-the-gap or rehabilitative alimony. For durational alimony, you need at least three years of marriage. The length of your marriage determines how long alimony can last.
Can alimony be modified after it’s awarded?
Yes, for most types. Bridge-the-gap cannot be modified at all. Rehabilitative and durational alimony can be modified if there’s a substantial, involuntary, and permanent change in circumstances.
Does Florida have permanent alimony anymore?
No. Permanent alimony was eliminated on July 1, 2023. All divorces filed after that date use the new system with time-limited alimony.
What if my ex starts living with someone new?
If they’re in a supportive relationship for at least one year, you can petition to reduce or terminate alimony. You’ll need to prove they’re financially interdependent with their new partner.
Can I get alimony if I was the one who wanted the divorce?
Yes. Who filed for divorce doesn’t matter. What matters is need and ability to pay. If you qualify based on the statutory factors, you can receive alimony regardless of who initiated the divorce.
Final Thoughts
Florida’s alimony laws changed dramatically in 2023. Those changes are still in effect today.
Permanent alimony is gone. Support is now time-limited based on marriage length. Payments are capped at 35% of the income difference.
These rules apply to divorces filed on or after July 1, 2023. Older agreements might operate under different rules unless modified.
If you’re going through a divorce or thinking about modifying an existing order, understanding these laws can help you make better decisions.
Talk to a family law attorney. Review your finances carefully. Know your rights and obligations.
And remember, every case is different. What works for your neighbor might not work for you.
Stay informed, stay organized, and when in doubt, get professional help.
References
- Florida Statute § 61.08 – Alimony – Official Florida law on alimony types, calculation, and requirements
- Florida Senate Bill 1416 (2023) – The legislation that eliminated permanent alimony and reformed Florida’s alimony system
- Florida Courts Self-Help Center – Official resources and forms for family law matters including alimony
- Law Firm Ocala – Florida Alimony Reform Impact on Modifications – Analysis of how 2023 reforms affect modification requests
- Fairway Law Group – Florida Alimony Laws 2025 – Comprehensive guide to current alimony calculations and court decisions