Florida's alimony reform is the 2023 law, Senate Bill 1416, that ended permanent alimony for divorce cases filed on or after July 1, 2023. Courts can now award only temporary, bridge-the-gap, rehabilitative and durational alimony. Durational alimony is capped at 50, 60 or 75 percent of the length of the marriage, and its monthly amount cannot exceed 35 percent of the difference between the spouses' net incomes. Spouses who settle by agreement have more room than a judge does, which is why the rules matter before a Tampa mediation session.
For decades a Florida judge could order alimony that lasted for life: a spouse who stayed home to raise children, or who left a career to support a partner's advancement, could be supported until remarriage or death. Critics called that unpredictable for the paying spouse; supporters called it fair recognition of real economic sacrifice. The 2023 reform settled the argument by removing the option. This guide is general information, not legal advice, and a licensed Florida family law attorney should confirm how the statute applies to a specific marriage.
What the Florida Alimony Law Change Did and When It Took Effect
The bill was filed on March 2, 2023, passed the Senate 34-6 on April 19 and the House 102-12 on May 2, and was approved by the Governor on June 30, 2023, according to the Florida Senate's page for SB 1416. It took effect on July 1, 2023 and is published as Chapter 2023-315, Laws of Florida. The main alimony rules live in section 61.08 of the Florida Statutes, and the rules for changing an existing award live in section 61.14.
The act removed the provision authorizing permanent alimony, rewrote the caps for the remaining types, redrew the marriage-length categories, and added rules on burden of proof, adultery, retirement and modification. As of November 2026, the statute text published by the Florida Legislature matches the framework described below.
Which Divorce Cases Does the Reform Cover?
Section 61.08 says the court applies it to initial petitions for dissolution of marriage that were pending or filed on or after July 1, 2023. That means a case still open on that date, not only cases filed after it, falls under the new rules. A final judgment entered before the reform keeps the terms it was written with; the act's text does not say how its new modification provisions treat those older orders, so anyone with a pre-2023 order should ask an attorney rather than assume.
Florida Alimony Law at a Glance
- Permanent alimony: no longer an available award under section 61.08.
- Bridge-the-gap: up to 2 years; cannot be modified in amount or duration.
- Rehabilitative: up to 5 years, and only with a specific written plan.
- Durational: not available after a marriage under 3 years; otherwise capped at 50, 60 or 75 percent of the length of the marriage.
- Monthly amount (durational): the lesser of the recipient's reasonable need or 35 percent of the difference between the spouses' net incomes.
- Burden of proof: the spouse asking for alimony must show an actual need, and the other spouse must have the ability to pay.
The Four Types of Alimony Florida Courts Can Still Award
The reform restructured spousal support instead of abolishing it. Courts can still order support in appropriate cases, and under section 61.08 they may combine forms and use periodic payments, a lump sum, or both. Before awarding anything, the court first decides whether the spouse asking for support has an actual need and whether the other spouse can pay; the person requesting alimony carries the burden of proof. Only then does it weigh factors such as the duration of the marriage, the standard of living, age and health, earning capacity, each spouse's contributions, and childcare responsibilities. The court may also consider either spouse's adultery and its economic impact when setting the amount.
Temporary Alimony During the Divorce Process
Temporary alimony, formally called alimony pendente lite, covers the time between filing the petition and the final judgment. It keeps the financial status quo while the case is pending. In a contested case that period can stretch a year or more; in a mediated divorce that resolves quickly it may never become an issue, because the case closes before it is needed.
Bridge-the-Gap Alimony: What It Means in Florida
Bridge-the-gap alimony is short-term support that helps a lower-earning spouse move from married life to single life. The statute limits it to legitimate, identifiable short-term needs, such as keeping housing for a few months or covering expenses during a focused job search. Florida law caps it at 2 years. It ends on the death of either spouse or the remarriage of the recipient, and unlike other types it cannot be modified in amount or duration once ordered.
Because the award is fixed, the negotiation matters more than for other types: if the amount or the end date is wrong at signing, neither spouse can petition to change it later. Bridge-the-gap alimony is also separate from rehabilitative alimony, and the two can be combined, since the statute lets a court combine forms to help the recipient reach self-support.
Rehabilitative Alimony
Rehabilitative alimony funds a spouse's effort to restore earning capacity, either by renewing prior skills or credentials or by gaining education, training or work experience. The statute requires a specific, defined rehabilitative plan in the order and caps the award at 5 years. A spouse who left a healthcare career eight years ago to raise children might use it to finish a retraining program. A vague intention to return to school is not a plan. The award can be modified or ended for a substantial change in circumstances, noncompliance with the plan, or completion of the plan before the award expires.
Durational Alimony: The Main Ongoing Option
Durational alimony is now the principal form of ongoing support. It provides regular payments for a set period. Section 61.08 says it may not be awarded after a marriage lasting less than 3 years. For longer marriages the maximum duration is a share of the marriage's length, which runs from the wedding date to the date the divorce petition was filed:
- Short-term marriage (3 years up to 10 years): up to 50 percent of the length of the marriage.
- Moderate-term marriage (10 years up to 20 years): up to 60 percent.
- Long-term marriage (20 years or more): up to 75 percent.
These categories are a rebuttable presumption, not a rigid line. Durational alimony ends on the death of either spouse or the remarriage of the recipient. Its amount can be modified for a substantial change in circumstances under section 61.14, but its length can be changed only under exceptional circumstances. Verify current figures against Florida Statute 61.08, since the legislature can amend the law.
How the Duration Caps Work in Real Examples
The caps are clearest with numbers. These examples are hypothetical, illustrate the formula only, and are not predictions of any outcome.
- Short-term marriage, 8 years: the maximum duration is 50 percent of 8 years, which is 4 years.
- Moderate-term marriage, 15 years: for a couple married in 2010 who filed in 2025, the maximum is 60 percent of 15 years, which is 9 years. If the paying spouse's net monthly income is $7,000 and the recipient's is $2,000, the difference is $5,000, and 35 percent of that is $1,750 per month as the ceiling on the amount.
- Long-term marriage, 27 years: for a couple married in 1998 who filed in 2025, the maximum is 75 percent of 27 years, about 20 years and 3 months.
Note what the 27-year example means for a spouse in their mid-50s with little recent work history. Before the reform that spouse might have received support for life; now the support window has an end date. The amount is also never automatic: the statute sets the award at the lesser of the recipient's reasonable need or the 35 percent figure, so a modest need produces a modest award even when the cap is higher.
The 35 Percent Net Income Cap
The 35 percent limit applies to net income, not gross income. Section 61.08 calculates net income under section 61.30 of the Florida Statutes, the child support guidelines statute. Gross income there includes wages, bonuses, business and self-employment income, pensions, Social Security, interest, dividends and rental income, among other sources. From it the statute subtracts federal, state and local income taxes, FICA or self-employment tax, mandatory union dues and mandatory retirement payments, health insurance premiums (excluding coverage for a minor child), and certain court-ordered support that is actually paid.
Two spouses with similar salaries can therefore end up with different net figures because of different tax situations, benefits or retirement contributions, and the gap between the two net monthly incomes is the most important variable in the calculation. A wide gap produces a higher ceiling; a narrow gap, even in a long marriage, can make the question nearly moot.
Section 61.08 adds a second limit: an award may not leave the paying spouse with significantly less net income than the recipient, unless the court makes written findings of exceptional circumstances.
Imputed Income and Spouses Who Are Out of Work
Section 61.30 lets a court impute income to a spouse whose unemployment or underemployment is voluntary, based on work history, qualifications and local earnings, unless there is incapacity or circumstances beyond the person's control. The statute also limits imputation: the party seeking it must present competent, substantial evidence of the voluntariness and of the amount and source of available income, and income generally cannot be imputed from records more than 5 years old or for income never earned before, unless the person was recently degreed, licensed or certified. If a spouse has been out of the workforce for a decade, the court may therefore treat their income as something other than zero, which narrows the income gap and lowers the 35 percent ceiling.
Exceptional Circumstances: When the Durational Cap Can Be Extended
The statute keeps one narrow exception. Under exceptional circumstances, a court may extend the term of durational alimony if clear and convincing evidence shows the extension is necessary. It must consider the usual factors plus four more: the recipient's age and employability, the recipient's available financial resources, a mental or physical disability or diagnosed condition that limits self-support, and the recipient's role as caregiver for a disabled child the spouses share. An extension ends when the caregiving is no longer required, the child dies, or the listed factor no longer applies.
That is a demanding standard. Arguing for the exception in court means a separate contested hearing with its own cost and its own uncertainty. In mediation, spouses can address real health and capacity limits directly and build the agreement around them without a judge making a formal finding.
Can Florida Alimony Be Modified or Terminated?
It depends on the type. Bridge-the-gap alimony cannot be modified. Rehabilitative and durational alimony can be modified for a substantial change in circumstances under Florida Statute 61.14, although the length of durational alimony changes only in exceptional circumstances. Two grounds in section 61.14 get particular attention:
- Supportive relationship: the paying spouse must prove by a preponderance of the evidence that the recipient is in a supportive relationship with someone not related by blood or marriage, which existed within the 365 days before the petition was filed. The burden then shifts to the recipient. The statute does not recognize common law marriage, and a conjugal relationship is not required.
- Retirement: a court may reduce or end alimony on written findings that the paying spouse has reached normal retirement age and has either retired or taken measurable steps to retire. The paying spouse must show that retirement reduces the ability to pay, and may petition in anticipation of retirement no more than 6 months before it. Normal retirement age is measured by Social Security or the customary age in the person's profession.
Because modification rules cut both ways, many couples write clear terms into the agreement. The guide to post-divorce modifications explains how changes are handled after a judgment, including through mediation.
Why the Reform Makes Mediation Worth Considering
The caps and formulas in section 61.08 bind a judge. Spouses who settle can negotiate any lawful support arrangement they choose and have it incorporated into a marital settlement agreement, which becomes part of the final judgment once the judge approves it. Examples of terms a couple might consider include:
- A duration or monthly amount different from what the formula would produce, if both spouses agree it fits their situation.
- A lump-sum payment in place of monthly support, which can give both spouses a cleaner financial break.
- Support tied to milestones such as completing a degree, selling the marital home, or a child reaching a certain age.
- A hybrid: lower monthly support plus a larger share of an asset, such as home equity, a rental property or a business interest.
Two cautions apply. First, whether a private agreement can create indefinite, permanent-style support after the reform is not a settled question for every situation, so have an attorney review any terms that go beyond what a court could order. Second, an agreement is only as good as its drafting: decide in writing whether the amount can be modified and what ends the obligation.
Beyond that flexibility, mediation is usually faster and more private than litigation. A contested alimony case can take a year or more, while mediation can resolve alimony along with property and parenting issues in one to a few sessions. Court filings in Hillsborough County are generally public, while what is said in mediation is confidential. Cost matters too; the page on how divorce mediation fees work breaks down typical structures.
Situations Where the Reform Creates Special Challenges
Long Marriages and the 75 Percent Cap
For couples married 20 years or more, ending permanent alimony is the sharpest change. A 25-year marriage that could once have produced lifetime support now carries a maximum of 75 percent of 25 years, or 18 years and 9 months. For a spouse in their mid-50s at divorce, that window can close well before retirement age.
This puts pressure on the whole financial picture. A larger allocation of retirement assets, divided through a Qualified Domestic Relations Order for accounts such as 401(k) plans or pensions, may serve the lower-earning spouse better over a lifetime than monthly payments that eventually stop. See the QDRO guide to dividing retirement accounts for how that works. Tax treatment of support and property transfers also differs, as covered in the article on Florida divorce taxes.
Stay-at-Home Spouses and Earning Capacity
Under the imputation rules described above, a court may assign a realistic wage to a spouse who is voluntarily out of work. In mediation both spouses can address earning capacity candidly: what the out-of-work spouse can realistically earn and on what timeline, whether young children still need daily care, whether a health condition limits work, and whether a professional license has lapsed and needs time and money to restore. Those facts belong on the table, ideally with documentation.
How to Prepare for Alimony Discussions in Mediation
Walking into mediation without the numbers is one of the most common mistakes, even in cooperative divorces. Gather these before the session.
Income Documentation for Both Spouses
Bring recent pay stubs, the last two years of federal tax returns, and records of bonuses, commissions, rental income or self-employment earnings. If either spouse owns a business, bring profit-and-loss statements and business tax returns. Net income under section 61.30 drives the 35 percent calculation, so use the statutory deductions rather than a rough estimate of take-home pay.
A Realistic Post-Divorce Budget
List what it costs to live as a single adult: housing, health insurance outside an employer plan, childcare, transportation, utilities and debt payments. The article on health insurance after divorce covers one of the biggest new expenses. The more specific the budget, the more grounded the negotiation.
Documentation of Career Gaps or Retraining Plans
If one spouse has been out of the workforce, document when and why they left, their field and last salary, what re-entry would look like locally, and what training or licensing would be required. A specific plan supports a request for rehabilitative alimony, or a longer durational arrangement that both spouses can accept as fair.
A Complete Picture of Marital Assets
Alimony and property division are separate legal questions, but a spouse who receives more home equity or retirement balance may need less monthly support. Listing home equity, retirement balances, investment accounts, business interests and debts lets the spouses negotiate support and property as one package.
Frequently Asked Questions
Is permanent alimony still available in Florida?
No, not as an award a court can make in a case governed by the 2023 reform. Section 61.08 now lists temporary, bridge-the-gap, rehabilitative and durational alimony, and applies to initial petitions pending or filed on or after July 1, 2023. Orders entered before that date remain in effect according to their terms, and a modification request under section 61.14 should be reviewed by an attorney.
What is bridge-the-gap alimony in Florida?
It is short-term support, up to 2 years, for specific short-term needs during the shift from married to single life. It ends if either spouse dies or the recipient remarries, and it cannot be modified in amount or duration. It is different from rehabilitative alimony, which needs a written plan for education or training and can last up to 5 years.
Does Florida's 2023 alimony reform affect existing alimony orders?
The reform's applicability clause covers initial petitions for dissolution, and the text says nothing explicit about earlier final orders, so an existing order is not automatically ended. The modification rules in section 61.14, including those on supportive relationships and retirement, are the route for changing an award. Whether a given rule reaches an older order is a question for a Florida family law attorney.
Can spouses agree to permanent-style alimony in mediation?
A court cannot order permanent alimony in a case governed by the reform. Whether two spouses can privately contract for indefinite support through a marital settlement agreement involves both family law and contract principles, and attorneys differ on how far an agreement can go. Always have a licensed Florida family law attorney review the terms before signing.
How is net income calculated for the 35 percent alimony cap?
Section 61.08 points to the net income method of section 61.30: gross income minus federal, state and local taxes, FICA, mandatory union dues and retirement payments, health insurance premiums and certain court-ordered support. It is not the take-home deposit.
Does adultery affect alimony in Florida?
The court may consider either spouse's adultery and its resulting economic impact when deciding the amount of alimony. The consideration is tied to economic effect, such as marital money spent on an affair, and is one factor among many rather than an automatic bar or award.
How long does a mediated alimony agreement take to finalize?
Many couples reach an agreement in one to three sessions. Once both sign the settlement, it is filed with the Hillsborough County Clerk of Court and submitted for approval as part of the final judgment. Under section 61.19, no final judgment of dissolution may be entered until at least 20 days after the petition is filed, unless the court finds that injustice would result from the delay, so even an uncontested case cannot finish before that date.
What if we cannot reach agreement on alimony?
An impasse on alimony does not erase the rest of the agreement. Spouses can settle property division and parenting plans in mediation and let a judge decide alimony alone, which still saves time and money compared with a fully litigated case. A second session with differently framed proposals sometimes breaks the deadlock. More general questions are answered in the divorce mediation FAQs.
Does the length of the marriage really change the alimony outcome?
Yes, more than almost any other factor. Under 3 years, durational alimony is not available. Between 3 and 10 years the cap is 50 percent of the marriage length, between 10 and 20 years it is 60 percent, and at 20 years or more it is 75 percent. A marriage of 9 years versus 11 years can shift the maximum period by years, so calculate the length accurately, from the wedding date to the petition filing date.
Questions to Ask Before You Mediate
Because the 2023 reform changed how alimony works, it is worth asking a Florida family law attorney how the current statute applies to your marriage, and asking any mediator whether they are a Florida Supreme Court certified family mediator. A CPA or financial professional can help with income and tax questions. For more background, read the complete guide to divorce mediation in Florida, dividing marital assets in a Florida divorce, and how to prepare for mediation. This guide is general information, not legal advice.