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What Is Alimony Under Florida Law?
Alimony (also called spousal support) is a court-ordered payment from one spouse to the other during or after a divorce. Its purpose is to address the financial imbalance that often exists when one spouse earned significantly more or when one spouse sacrificed career advancement to support the family [1].
Under Florida Statute § 61.08, alimony is entirely separate from property division. The court first divides marital assets and debts through equitable distribution, then determines whether either spouse needs — and whether the other spouse can afford to pay — alimony.
Florida’s alimony law changed dramatically on July 1, 2023, when SB 1416 took effect. This was the most significant overhaul of Florida alimony in decades, eliminating permanent alimony entirely and introducing strict time limits and income caps on all remaining forms of support.
Florida’s 2023 Alimony Reform: What Changed
SB 1416 (Ch. 2023-301) fundamentally restructured Florida alimony law [2]. Here are the key changes:
- Permanent alimony eliminated. Florida no longer awards lifetime alimony under any circumstances. All alimony awards now have a defined end date.
- 35% income cap. No alimony award can exceed 35% of the difference between the parties’ net incomes — and it cannot exceed the recipient’s reasonable need, whichever is less.
- Marriage length categories changed. Short-term marriages are now under 10 years (previously 7). Moderate-term is 10–20 years. Long-term is 20+ years.
- Strict durational limits. Durational alimony cannot exceed 50% of the marriage length for short-term, 60% for moderate-term, or 75% for long-term marriages.
- No durational alimony for marriages under 3 years. Marriages lasting less than 3 years are not eligible for durational alimony at all.
- Retirement as termination event. The paying spouse can petition to modify or terminate alimony upon reaching retirement age, with the court considering the payor’s reasonable retirement.
- Adultery is a factor. Adultery by either party is now explicitly considered when determining the amount of alimony.
These changes apply to all divorce petitions filed on or after July 1, 2023. Existing alimony orders entered before that date are generally governed by the prior law, though modification petitions may be affected.
3 Types of Alimony in Florida (After 2023 Reform)
With permanent alimony eliminated, Florida now recognizes only three forms of spousal support [1]:
1. Bridge-the-Gap Alimony
Bridge-the-gap alimony helps a spouse transition from married life to single life. It addresses specific, identifiable short-term needs — such as covering living expenses while finding employment or securing housing.
- Maximum duration: 2 years
- Modifiable: No — cannot be modified in amount or duration once ordered
- Terminates upon: Death of either party or remarriage of the recipient
- Best for: Short marriages where one spouse needs temporary help with immediate post-divorce expenses
2. Rehabilitative Alimony
Rehabilitative alimony supports a spouse who needs education, training, or work experience to become self-supporting. The recipient must present a specific rehabilitative plan to the court — vague claims of needing support are not sufficient.
- Maximum duration: 5 years
- Modifiable: Yes — can be modified if the recipient fails to follow the plan or upon completion of the plan
- Requires: A defined rehabilitative plan (degree program, certification, job training)
- Best for: Spouses who left the workforce to raise children and need education or training to re-enter
3. Durational Alimony
Durational alimony provides economic assistance for a set period following the divorce. This is the most common form of alimony awarded in Florida after the 2023 reform.
- Maximum duration: Tied to marriage length (see chart below)
- Modifiable: Yes — amount can be modified, but duration cannot be extended beyond the statutory limit
- Income cap: Cannot exceed 35% of the difference between the parties’ net incomes
- Not available: For marriages lasting less than 3 years
Alimony Duration Limits by Marriage Length
The 2023 reform ties durational alimony directly to the length of the marriage [1]:
| Marriage Category | Duration | Max Alimony Duration | Example |
|---|---|---|---|
| Under 3 years | Less than 3 years | No durational alimony | Bridge-the-gap only (2 yr max) |
| Short-term | 3 – 9 years | 50% of marriage length | 8-year marriage = max 4 years |
| Moderate-term | 10 – 20 years | 60% of marriage length | 15-year marriage = max 9 years |
| Long-term | 20+ years | 75% of marriage length | 25-year marriage = max 18.75 years |
Important: These are maximum limits, not guaranteed awards. The court considers multiple factors before deciding whether to award alimony at all, and if so, for how long within these limits.
How Alimony Is Calculated in Jacksonville
Florida does not use a fixed formula to calculate alimony. Instead, the court considers the statutory factors under F.S. § 61.08 and applies two hard caps [1]:
- The recipient’s reasonable need — the court determines what the recipient actually needs to maintain a reasonable standard of living
- 35% of the net income difference — alimony cannot exceed 35% of the difference between the parties’ net incomes
The award is capped at whichever is lower.
Example calculation:
Spouse A net income: $8,000/month
Spouse B net income: $3,000/month
Income difference: $5,000/month
35% cap: $5,000 × 0.35 = $1,750/month maximum
If Spouse B’s reasonable need is $2,500/month but the 35% cap is $1,750, the court awards no more than $1,750.
The American Association of Matrimonial Lawyers (AAML) provides an informal guideline used by some practitioners: 30% of the payer’s gross income minus 20% of the payee’s gross income. While this is not binding in Florida, it serves as a rough starting point for negotiations [3].
8 Factors the Court Considers When Awarding Alimony
Under F.S. § 61.08(2), the court must consider the following factors when determining whether to award alimony and in what amount [1]:
- Duration of the marriage — longer marriages create a stronger basis for alimony awards
- Standard of living during the marriage — the court considers the lifestyle the couple maintained, but this is not a guarantee the recipient will maintain that same standard
- Age and physical/emotional condition of each spouse — health issues or advanced age that limit earning capacity weigh heavily
- Financial resources of each spouse — including income from all sources, marital and non-marital assets, and earning capacity
- Earning capacities and employability — education level, work history, skills, and the time and cost needed to acquire sufficient training
- Contribution of each spouse to the marriage — including homemaking, child care, education, and career building of the other spouse
- Responsibilities regarding minor children — the custodial parent’s time-sharing obligations may affect their ability to work full-time
- Adultery of either party — added as a factor in the 2023 reform; the court considers the circumstances of the adultery when determining the amount
The court also considers any other factor necessary to do equity and justice between the parties. This gives judges flexibility to address unique circumstances in each case.
The 35% Income Cap: How It Works
The 35% cap is one of the most significant changes in the 2023 reform. It creates a hard ceiling on alimony that did not previously exist [1].
Here’s how it works in practice:
- Calculate each spouse’s net income — this includes salary, bonuses, commissions, investment income, rental income, and most other income sources after taxes and mandatory deductions
- Find the difference — subtract the lower-earning spouse’s net income from the higher-earning spouse’s net income
- Apply 35% — multiply the difference by 0.35 to find the maximum alimony
- Compare to reasonable need — if the recipient’s reasonable need is less than the 35% figure, the award is limited to the reasonable need
The 35% cap means that even in long-term marriages with significant income disparity, the paying spouse retains at least 65% of their income advantage over the receiving spouse.
Alimony and Taxes: What You Need to Know
The Tax Cuts and Jobs Act (TCJA) of 2017 changed how alimony is treated for tax purposes [4]:
| Tax Rule | Agreements Before 2019 | Agreements After 2018 |
|---|---|---|
| Payer | Tax deductible | NOT deductible |
| Recipient | Taxable income | NOT taxable |
For any divorce or separation agreement executed after December 31, 2018, alimony payments are not tax-deductible for the payer and not taxable income for the recipient. This change significantly affects the economics of alimony negotiations — the paying spouse pays with after-tax dollars, making each dollar of alimony more expensive than under the old rules.
Pre-2019 agreements that are modified after 2018 may lose their tax-deductible status depending on the terms of the modification.
Temporary Alimony (Pendente Lite)
In addition to the three post-divorce types, the court can award temporary alimony during the divorce proceedings. This is sometimes called “pendente lite” support (Latin for “pending litigation”) [1].
Temporary alimony:
- Addresses immediate financial needs while the divorce is pending
- Ends when the final divorce judgment is entered
- Is not subject to the same durational limits as post-divorce alimony
- Can be modified without showing a substantial change in circumstances
This is particularly important in cases where one spouse controls all the finances and the other spouse needs funds to pay for basic living expenses and attorney fees during the divorce process.
Modifying or Terminating Alimony
Florida law allows modification or termination of alimony under specific circumstances [5]:
Substantial Change in Circumstances
Either party can petition to modify alimony by demonstrating a substantial, material, involuntary, and permanent change in circumstances. Examples include:
- Job loss or significant reduction in income (involuntary)
- Serious illness or disability
- Recipient’s income substantially increases
- Recipient receives a significant inheritance or windfall
Supportive Relationship
If the recipient enters into a supportive relationship (cohabitation with a new partner), the paying spouse can petition to reduce or terminate alimony. The court considers factors like shared living expenses, financial interdependence, and the duration of the relationship.
Retirement
Under the 2023 reform, reaching normal retirement age is now a recognized basis for modifying or terminating alimony. The paying spouse can petition the court to reduce or end payments upon retirement, and the court must consider whether the retirement is reasonable given the payor’s age, health, and financial situation [2].
Automatic Termination
Alimony automatically terminates upon:
- Death of either party
- Remarriage of the recipient
- The end date specified in the court order
Enforcing Alimony Orders in Jacksonville
If a spouse fails to pay court-ordered alimony, the recipient has several enforcement options:
- Contempt of court — the non-paying spouse can be held in contempt, facing fines or jail time
- Income deduction order — similar to wage garnishment, this directs the payor’s employer to withhold alimony from their paycheck
- Writ of execution — the court can order seizure of the non-paying spouse’s assets
- Attorney’s fees — the court can order the non-paying spouse to pay the recipient’s attorney fees for bringing the enforcement action
The court takes enforcement seriously. A spouse who has the ability to pay but refuses is at risk of being held in civil contempt, which can include incarceration until they comply with the court’s order.
Alimony vs. Child Support: Key Differences
Alimony and child support are separate obligations, but they interact in important ways:
| Feature | Alimony | Child Support |
|---|---|---|
| Purpose | Support the former spouse | Support the child |
| Calculation | Discretionary (35% cap) | Statutory formula (F.S. § 61.30) |
| Ends upon | Remarriage, death, or set date | Child turns 18 (or 19 if in school) |
| Tax treatment | Not deductible / not taxable | Not deductible / not taxable |
| Waivable | Yes — can be waived by agreement | No — cannot be waived |
The court considers child support obligations when determining alimony. If the paying spouse also pays child support, the court factors that into the analysis of the payor’s ability to pay alimony.
7 Common Mistakes in Jacksonville Alimony Cases
- Not understanding the 2023 reform. Many people still believe permanent alimony exists in Florida. It does not. Every alimony award now has a defined end date and is subject to the 35% income cap. Negotiating based on outdated law puts you at a serious disadvantage.
- Voluntarily reducing your income. If you quit your job, take a lower-paying position, or retire early to reduce alimony, the court can impute income — meaning they calculate your obligation based on what you could be earning, not what you actually earn.
- Hiding assets or income. Florida requires complete financial disclosure in divorce. Attempting to hide assets, underreport income, or transfer property to avoid alimony can result in sanctions, contempt charges, and an unfavorable ruling from the judge.
- Ignoring the rehabilitative plan requirement. Rehabilitative alimony requires a specific plan with defined goals, timeline, and costs. Simply saying “I need to go back to school” is not enough. You need a detailed plan identifying the program, duration, and expected outcome.
- Failing to document the standard of living. The marital standard of living is a key factor. If you cannot document your lifestyle during the marriage (housing costs, vacations, monthly expenses), you weaken your case for or against alimony.
- Not accounting for tax consequences. Since 2019, alimony is no longer tax-deductible for the payer. Failing to account for this when negotiating the amount can result in paying significantly more in real terms than you intended.
- Waiting to petition for modification. If your circumstances change (job loss, disability, recipient cohabitation), file for modification promptly. Alimony continues to accrue until a court modifies the order — past-due payments cannot be retroactively forgiven.
Why Choose Adam Sacks for Your Alimony Case
I’ve handled alimony cases in Jacksonville for over 25 years — representing both paying spouses and receiving spouses. The 2023 reform changed the landscape completely, and having an attorney who understands the new rules is critical to getting a fair outcome.
What sets me apart in alimony cases:
- Courtroom-tested. I started my career as a prosecutor for the State of Florida. That trial experience means I know how to present evidence, cross-examine witnesses, and make compelling arguments to the judge. When settlement negotiations fail, I’m ready to fight in court.
- Mediator perspective. As a Florida Supreme Court Certified Family Mediator, I understand how to negotiate settlements that work for both sides. Most alimony disputes settle before trial — having an attorney who knows both the courtroom and the mediation table gives you an advantage.
- 2023 reform expertise. I’ve been practicing through every major alimony reform in Florida. I understand how the new marriage length categories, durational limits, and 35% cap affect your specific situation.
- Honest assessment. I’ll tell you what to realistically expect — not what you want to hear. Whether you’re seeking alimony or defending against it, I set accurate expectations so there are no surprises.
Adam Sacks earned his J.D. from Western Michigan University Cooley Law School, where he received a Book Award for top academic performance. He served as an Assistant State Attorney in Seminole County before transitioning to private family law practice. He holds a degree in psychology from the University of Massachusetts and has been a member of the Florida Bar (#248370) since 2000.
What Happens When You Call Our Office
When you call (904) 396-5557, here’s exactly what happens:
- You talk to me. I personally handle the initial consultation — not a secretary, not an intake coordinator. You tell me your situation, and I listen.
- I analyze your financial picture. I’ll review your income, your spouse’s income, your marriage length, and any other relevant factors to give you a realistic assessment of what alimony might look like in your case.
- I explain the 2023 rules. Many clients come in with outdated expectations about alimony. I’ll walk you through exactly how the new law applies to your situation — the marriage category, the durational limits, and the 35% cap.
- You decide next steps. No pressure, no obligation. If you want to move forward, we’ll map out a strategy. If you need time to think about it, that’s fine too.
Worried about alimony in your divorce? Call me at (904) 396-5557 for a free consultation. I’ll give you a straight answer about where you stand — whether you’re the one paying or the one receiving.
Client Reviews
Don’t just take my word for it — hear from people who’ve been in your situation:
“Adam was absolutely amazing! He fought for my rights like I was family. He explained everything in plain English and made sure I understood every step of the process.”
— Hackie G., Google Review
“Best lawyer I’ve ever used! Adam truly fights for my child and me. He set realistic expectations and then exceeded them. Highly recommend.”
— Robert, Google Review
“My experience with Adam was awesome. He knocked it outta the park and made a most unpleasant situation manageable. He gave us compassionate guidance through the whole process.”
— Linda J., Google Review
Frequently Asked Questions About Alimony in Jacksonville
Can I still get permanent alimony in Florida?
No. Florida eliminated permanent alimony effective July 1, 2023, under SB 1416. All alimony awards now have a defined end date. The three remaining types are bridge-the-gap (max 2 years), rehabilitative (max 5 years), and durational (tied to marriage length with specific percentage caps). Existing permanent alimony orders from before July 2023 generally remain in effect but may be subject to modification.
How much alimony will I have to pay in Florida?
There is no fixed formula, but alimony cannot exceed 35% of the difference between the parties’ net incomes or the recipient’s reasonable need, whichever is less. For example, if your net income is $8,000/month and your spouse earns $3,000/month, the maximum would be $1,750/month (35% of the $5,000 difference). The actual amount depends on marriage length, standard of living, and other statutory factors. In my experience, most alimony awards fall well below the 35% cap.
Does adultery affect alimony in Florida?
Yes. The 2023 reform explicitly made adultery a factor the court considers when determining alimony. While adultery alone does not automatically increase or decrease an award, the court can consider the circumstances — including the economic impact of the adultery on the marital estate — when setting the amount. Florida is a no-fault divorce state, so adultery does not affect whether the divorce is granted, only the financial terms.
Can alimony be modified after the divorce is final?
Yes, but only under specific circumstances. You must show a substantial, material, involuntary, and permanent change in circumstances. Common grounds include job loss, disability, the recipient’s cohabitation with a new partner (supportive relationship), or the payor reaching retirement age. Bridge-the-gap alimony is the exception — it cannot be modified in amount or duration once ordered.
How long does a marriage have to last to get alimony in Florida?
There is no minimum marriage length for all types of alimony. Bridge-the-gap alimony can be awarded for any marriage length. However, durational alimony — the most common type — cannot be awarded for marriages lasting less than 3 years. For short-term marriages (under 10 years), the burden is higher to prove the need for alimony, and the maximum duration is limited to 50% of the marriage length.
What happens to alimony if my ex-spouse remarries or moves in with someone?
Alimony automatically terminates if the recipient remarries. If the recipient enters a supportive relationship (cohabitation), the paying spouse can petition to reduce or terminate alimony, but it is not automatic — you must file a petition and prove the relationship provides financial support equivalent to a marriage. The court considers factors like shared expenses, financial interdependence, and the duration of the relationship.
Can I waive alimony in a prenuptial agreement?
Yes. Florida law allows spouses to waive or limit alimony through a valid prenuptial or postnuptial agreement. However, the agreement must meet specific requirements: both parties must make full financial disclosure, the agreement must be in writing and signed voluntarily, and the terms cannot be unconscionable at the time of enforcement. I recommend having an attorney review any prenuptial agreement that addresses alimony before signing.
Sources:
[1] Florida Legislature, F.S. § 61.08 — Alimony (2025 Florida Statutes). leg.state.fl.us
[2] Florida Senate, CS/SB 1416 — Dissolution of Marriage (Ch. 2023-301, eff. July 1, 2023). flsenate.gov
[3] American Association of Matrimonial Lawyers, Considerations When Determining Alimony. aaml.org
[4] Internal Revenue Service, Tax Cuts and Jobs Act — Alimony Provisions (26 USC § 71, repealed for post-2018 agreements). irs.gov
[5] Florida Legislature, F.S. § 61.14 — Modification and Enforcement of Support Orders. leg.state.fl.us
[6] Centers for Disease Control and Prevention, Stats of the States: Divorce Rates (Florida: 3.0 per 1,000). cdc.gov
