Alimony Attorneys
Florida's alimony law was overhauled in 2023, ending permanent alimony and capping durational support based on the length of the marriage. Our family law attorneys help payers and recipients across Volusia, Flagler, and Central Florida navigate the new framework, from initial divorce filings to modifications of older alimony orders.
Trying to maintain your current standard of living after dissolving your marriage is one of the most difficult parts of divorce. A house that you could afford on two incomes may be too expensive on one, and providing for other necessities can become a real challenge.
Whether you are sure you want to end your marriage or are still considering your options, it helps to understand your rights when it comes to alimony. Sometimes called spousal support or spousal maintenance, alimony is a court-ordered provision of financial support for one spouse from the other after a divorce. Florida's framework changed significantly in 2023, and how those changes affect your case depends on the length of the marriage, your finances, and several other factors the statute now defines.
The Central Florida law firm of Aaron Delgado & Associates is here to explain your rights and guide you to a successful resolution. Our family law attorneys represent both men and women, payers and recipients, with offices in Daytona Beach, Port Orange, and DeLand. Call us at (386) 255-1400 to arrange a consultation.
Types of alimony in Florida today
Under Florida's reformed alimony statute (Fla. Stat. § 61.08), courts can award four kinds of alimony in a new divorce. Permanent alimony, which was previously the longest-running form, was eliminated by SB 1416 effective July 1, 2023.
Temporary alimony
Support during the divorce itself, ending when the final judgment is entered.
Bridge-the-gap
Short transitional support to move from married to single life. Capped at 2 years.
Rehabilitative
Funds education or training to rebuild earning capacity. Capped at 5 years.
Durational
Set period capped by marriage length. Replaces permanent alimony in new cases.
How long can alimony last?
Under the 2023 reform, durational alimony cannot exceed a percentage of the marriage's length, and the marriage itself is sorted into one of three tiers.
| Marriage length | Category | Durational alimony cap |
|---|---|---|
| Less than 10 years | Short-term | Up to 50% of marriage length |
| 10 to less than 20 years | Moderate-term | Up to 60% of marriage length |
| 20 years or longer | Long-term | Up to 75% of marriage length |
Per Fla. Stat. § 61.08(8). Courts may extend durational alimony in exceptional circumstances under § 61.08(8)(b).
What courts consider when awarding alimony
Florida courts weigh a defined set of factors before awarding any form of alimony. A few of the most consequential are:
- Length of the marriage
- Standard of living during the marriage
- Age, physical, and emotional condition of each spouse
- Financial resources, earning capacity, and education of each spouse
- Contributions to the marriage, including homemaking and child-rearing
- Responsibilities each spouse will have for any minor children
- Tax treatment of any alimony award
- All sources of income available to either spouse
Alimony law is still settling. Your strategy should reflect that.
The 2023 reform reshaped Florida alimony in ways the courts are still working through. Decisions from county to county vary on what counts as a "supportive relationship," when a payor's retirement is "reasonable," and how the new durational caps interact with older orders being modified. A family law attorney who tracks these decisions can help you build a case on the rules as they are actually being applied today, not just as they read on paper in 2023.
Frequently asked
Questions about this practice area
- Does Florida still have permanent alimony?
- No. SB 1416, effective July 1, 2023, eliminated permanent alimony in Florida. The remaining statutory forms under Fla. Stat. § 61.08 are temporary (paid while the divorce is pending), bridge-the-gap (up to two years to help transition to single life), rehabilitative (tied to a specific education or training plan), and durational (a fixed term tied to the length of the marriage). Orders entered before July 1, 2023 generally remain enforceable as written, but new alimony awards have to fit one of those four forms.
- How long can durational alimony last in Florida?
- Durational alimony is capped by the length of the marriage under Fla. Stat. § 61.08(8). For short-term marriages (less than 10 years), the cap is 50% of the marriage's length. For moderate-term marriages (10 to 20 years), the cap is 60%. For long-term marriages (20 years or more), the cap is 75%. Marriages of less than three years are not eligible for durational alimony at all. The court can extend beyond the cap only on a finding of exceptional circumstances under § 61.08(8)(b), with specific written findings on the record.
- How does the court calculate Florida alimony?
- Florida alimony runs on a two-step framework rather than a strict formula. Step one: the court determines whether the requesting spouse has an actual need for support and whether the other spouse has the ability to pay it (Fla. Stat. § 61.08(2)). Step two: if need and ability are both established, the court applies the § 61.08(3) factors (standard of living during the marriage, length of the marriage, age and health, financial resources of each spouse, contributions to the marriage including homemaking and child-rearing, and any dissipation of marital assets) to set the form, amount, and duration. Adultery can be considered to the extent it dissipated marital assets, but is not by itself an aggravating factor.
- Can alimony be modified or terminated in Florida?
- Generally yes, on a substantial change in circumstances under Fla. Stat. § 61.14. Common grounds include a significant involuntary change in either spouse's income, the payor's retirement at a reasonable age, or the recipient entering a "supportive relationship" with someone else (cohabitation that functions like a remarriage) under § 61.14(1)(b). Remarriage of the recipient automatically terminates alimony. The party seeking the modification has the burden of proving the change, and modifications are not retroactive past the date the petition was filed.
Florida alimony rules changed in 2023. Make sure your case is built on current law.
From short-term divorces to long-marriage modifications, we represent both payers and recipients across Volusia, Flagler, and Central Florida.
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