Jacksonville Alimony Lawyer

Concerned about alimony in your divorce? Call (904) 396-5557 — free consultation, no obligation.

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 in Florida, governed by F.S. § 61.08. Its purpose is to address the financial imbalance that often exists when one spouse earned significantly more income during the marriage or when one spouse sacrificed career advancement, education, or earning potential to support the family through homemaking, child-rearing, or enabling the other spouse’s career growth. ^[1] Florida’s alimony framework changed dramatically on July 1, 2023, when SB 1416 eliminated permanent alimony entirely and introduced strict durational caps and a hard income ceiling of 35% of the net income difference between spouses. ^[2] Today, only three types of alimony remain available — bridge-the-gap, rehabilitative, and durational — each with defined time limits tied to the length of the marriage. Understanding these new rules is essential whether you are the spouse seeking support or the spouse defending against an alimony claim.

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), signed into law by Governor DeSantis and effective July 1, 2023, fundamentally restructured Florida alimony law after decades of legislative debate and two prior gubernatorial vetoes. ^[2] This reform represents the most significant overhaul of spousal support in Florida’s history, eliminating permanent (lifetime) alimony that had been available for long-term marriages, introducing a hard cap limiting all alimony awards to 35% of the net income difference between spouses, redefining the marriage length categories that determine how long alimony can last, and making adultery an explicit statutory factor in alimony determinations for the first time. The new law applies to all divorce petitions filed on or after July 1, 2023, while existing alimony orders entered before that date are generally governed by prior law but may be subject to modification petitions under certain circumstances. ^[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 under the 2023 reform, Florida now recognizes only three forms of spousal support, each designed for a specific purpose and subject to strict durational limits codified in F.S. § 61.08. ^[1] Bridge-the-gap alimony addresses short-term transitional needs for up to two years and cannot be modified once ordered. Rehabilitative alimony supports a spouse pursuing education, training, or credentials needed to become self-supporting, lasting up to five years and requiring a specific written plan. Durational alimony — the most common form awarded in Jacksonville divorce cases after the reform — provides ongoing financial assistance for a defined period tied to the length of the marriage, capped at the lower of 35% of the net income difference or the recipient’s demonstrated reasonable need. Understanding which type applies to your situation, and how to present your case effectively under the new statutory framework, is critical to achieving a fair outcome:

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 the maximum duration of alimony directly to the length of the marriage, creating four distinct categories with strict percentage caps that courts cannot exceed under F.S. § 61.08. ^[1] Marriages lasting fewer than three years are ineligible for durational alimony altogether — only bridge-the-gap support (maximum two years) is available. Short-term marriages of three to nine years allow durational alimony up to 50% of the marriage length. Moderate-term marriages of 10 to 20 years permit up to 60%, and long-term marriages exceeding 20 years allow up to 75%. These are maximum limits, not guaranteed awards — the court retains discretion to award less based on the statutory factors, and the 35% income cap applies as a separate ceiling. Understanding which category your marriage falls into is the starting point for every alimony analysis in Jacksonville:

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 mathematical formula to calculate alimony the way it does for child support under F.S. § 61.30. Instead, the court exercises judicial discretion by weighing the statutory factors under F.S. § 61.08 — including the duration of the marriage, each spouse’s earning capacity, the marital standard of living, and contributions to the marriage — and then applies two hard caps introduced by the 2023 reform. ^[1] The first cap limits the award to the recipient’s demonstrated reasonable need, which must be established through evidence of actual monthly expenses and the standard of living maintained during the marriage. The second cap limits the award to 35% of the difference between the parties’ net incomes. The court applies whichever cap produces the lower number, meaning that even a spouse with significant documented need cannot receive more than 35% of the income gap. This dual-cap system makes the calculation of net income — and what counts as income — one of the most contested issues in Jacksonville alimony cases:

1. The recipient’s reasonable need — the court determines what the recipient actually needs to maintain a reasonable standard of living
2. 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:

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 eight statutory factors when determining whether to award alimony, what type to award, and in what amount — and the 2023 reform added adultery as an explicit factor for the first time in Florida’s history. ^[1] These factors give the judge broad discretion to tailor the alimony award to the specific circumstances of each marriage, which is why two divorces with similar income levels can produce very different outcomes depending on how effectively each side presents evidence on these factors. In my experience handling alimony cases in Jacksonville for over 25 years, the factors that carry the most weight with Fourth Judicial Circuit judges are the duration of the marriage, each spouse’s earning capacity and employability, and the contributions each spouse made to the marriage — including homemaking, child-rearing, and supporting the other spouse’s career advancement. Here are all eight factors the court evaluates:

1. Duration of the marriage — longer marriages create a stronger basis for alimony awards
2. 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
3. Age and physical/emotional condition of each spouse — health issues or advanced age that limit earning capacity weigh heavily
4. Financial resources of each spouse — including income from all sources, marital and non-marital assets, and earning capacity
5. Earning capacities and employability — education level, work history, skills, and the time and cost needed to acquire sufficient training
6. Contribution of each spouse to the marriage — including homemaking, child care, education, and career building of the other spouse
7. Responsibilities regarding minor children — the custodial parent’s time-sharing obligations may affect their ability to work full-time
8. 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% income cap is one of the most significant and consequential changes introduced by the 2023 alimony reform, creating a hard mathematical ceiling on spousal support that did not exist under prior Florida law. ^[1] Before SB 1416, judges had broad discretion to award alimony at any level they deemed equitable, which sometimes resulted in awards that left the paying spouse with less disposable income than the receiving spouse. The new 35% cap ensures that the paying spouse always retains at least 65% of the income advantage, regardless of the marriage length or the recipient’s claimed need. This cap applies to all three types of alimony — bridge-the-gap, rehabilitative, and durational — and it is calculated based on net income after taxes and mandatory deductions, not gross income. The practical effect is that even in long-term marriages with substantial income disparity, there is now a predictable upper boundary on what a court can award. Here is 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 fundamentally changed how alimony is treated for federal tax purposes, and this change has a significant impact on the economics of every alimony negotiation in Jacksonville. ^[4] For any divorce or separation agreement executed after December 31, 2018, alimony payments are no longer tax-deductible for the paying spouse and are not counted as taxable income for the receiving spouse. Under the old rules, the payer could deduct alimony from their taxable income — effectively subsidizing the payment through a lower tax bill — while the recipient reported it as income at their typically lower tax rate. The elimination of this tax benefit means that every dollar of alimony now costs the paying spouse the full after-tax amount, making alimony awards significantly more expensive in real terms and changing the negotiation dynamics in settlement discussions. Understanding this tax treatment is essential when evaluating any alimony proposal:

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 of alimony, the court can award temporary alimony — also called “pendente lite” support, from the Latin for “pending litigation” — during the divorce proceedings themselves, before a final judgment is entered. ^[1] Temporary alimony serves a critical purpose: it provides the financially dependent spouse with the resources needed to maintain basic living expenses, pay for legal representation, and preserve the status quo while the divorce case works its way through the court system. Unlike post-divorce alimony, temporary support is not subject to the same strict durational limits or marriage-length categories introduced by the 2023 reform. The court has broader discretion to award temporary support based on the immediate needs of the requesting spouse and the other spouse’s ability to pay. This type of support is particularly important in cases where one spouse controls all household finances, access to bank accounts, or credit — leaving the other spouse unable to hire an attorney or pay basic bills without court intervention. 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 either the paying spouse or the receiving spouse to petition the court for modification or termination of an existing alimony order when circumstances change significantly after the divorce is finalized. ^[5] Under F.S. § 61.14, the petitioning party must demonstrate a substantial, material, involuntary, and permanent change in circumstances — all four elements must be present, and the change must have occurred after the final judgment was entered. The 2023 reform also added retirement as a recognized basis for modification, allowing the paying spouse to petition for reduction or termination upon reaching normal retirement age. It is critical to understand that alimony obligations continue to accrue as a legal debt until a court formally modifies the order, meaning that past-due payments cannot be retroactively forgiven regardless of the reason for nonpayment. If your circumstances have changed, filing a modification petition promptly is essential:

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 powerful enforcement mechanisms available through the Florida court system. A court-ordered alimony obligation is a legally binding directive, and a spouse who has the financial ability to pay but willfully refuses to do so is in contempt of court — a finding that can result in fines, sanctions, and even incarceration until the delinquent spouse complies with the order. ^[5] In Jacksonville, the Fourth Judicial Circuit enforces alimony orders aggressively, and judges have broad discretion to impose remedies that compel payment. The court can also award the recipient’s attorney’s fees and costs incurred in bringing the enforcement action, ensuring that the cost of enforcement does not fall on the spouse who is already being deprived of court-ordered support. If your former spouse has stopped paying or fallen behind on alimony, acting quickly is important because arrearages continue to accumulate as an enforceable debt. Available enforcement options include:

• 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 legally separate obligations under Florida law, but they interact in important ways that directly affect how much you pay or receive in total support. Child support is calculated using a statutory formula under F.S. § 61.30 based on both parents’ combined net income and the time-sharing schedule, while alimony is determined through judicial discretion under F.S. § 61.08 subject to the 35% income cap. ^[1] The court considers existing child support obligations when evaluating the paying spouse’s ability to pay alimony, and a substantial child support obligation can reduce the alimony award. Unlike alimony, child support cannot be waived by agreement between the parties because it is the child’s right, not the parent’s. Understanding how these two obligations interact is essential for negotiating a fair overall support arrangement in any Jacksonville divorce involving both spousal support and minor children:

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

1. 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.
2. 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.
3. 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.
4. Ignoring the rehabilitative plan requirement. Rehabilitative alimony requires a specific plan with defined goals, a 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.
5. 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.
6. 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.
7. Waiting to petition for modification. If your circumstances change (job loss, disability, or 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, you will speak directly with attorney Adam Sacks about your alimony situation — not a receptionist, not an intake coordinator, and not a junior associate. I have handled alimony cases in the Fourth Judicial Circuit for over 25 years, representing both paying spouses seeking to minimize their obligation and receiving spouses fighting for the support they need to maintain financial stability after divorce. The 2023 alimony reform changed the rules fundamentally, and many people come to me with outdated expectations based on the old law. During our free initial consultation, I will analyze your specific income levels, marriage length, and circumstances to give you a realistic, honest assessment of what alimony is likely to look like in your case under the current statutory framework. There is no obligation, and you will leave the conversation knowing exactly where you stand. Here is exactly what happens:

1. 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.
2. 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.
3. 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.
4. 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.

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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

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