Plain-English, not legal advice. This guide explains Florida's alimony framework so you know what to expect. Amicably is a document preparation service, not a law firm, and every case is different — if alimony is disputed in your divorce, talk to a Florida family-law attorney.
What alimony is in Florida
Alimony (also called spousal support) is money one spouse pays the other after a divorce to address an economic imbalance. In Florida, a court can only award it after a two-part threshold test: one spouse must have a genuine need, and the other must have the ability to pay. If either is missing, there's no alimony. It is not automatic, not a punishment, and not tied to gender — either spouse can request it.
The 2023 reform: no more permanent alimony
In 2023, Florida passed a major alimony overhaul (Senate Bill 1416), signed into law and effective July 1, 2023. The headline change: Florida eliminated permanent (lifetime) alimony. Courts can no longer order support with no end date. The law applies to divorce petitions pending or filed on or after July 1, 2023, but it does not reopen divorces that were already finalized before then. The reform also told courts to make written findings for any award and to weigh adultery's economic impact.
The four types of alimony
After the reform, Florida recognizes four types of alimony — and each has a built-in time limit:
| Type | What it's for | Time limit |
|---|---|---|
| Temporary | Support while the divorce is still in progress. | Ends at the final judgment |
| Bridge-the-gap | Helps a spouse transition from married to single life and cover short-term, identifiable needs. | Maximum 2 years |
| Rehabilitative | Supports a spouse while they regain the ability to self-support, under a specific written plan (education, training, or re-entering work). | Maximum 5 years |
| Durational | Economic assistance for a set period after a shorter or longer marriage — the replacement for permanent alimony. | Capped by marriage length (below) |
Note that durational alimony is not available after a marriage that lasted less than 3 years. For very short marriages, bridge-the-gap or rehabilitative alimony may still apply.
How long durational alimony lasts
Florida sorts marriages into three length categories, and caps durational alimony as a percentage of how long the marriage lasted:
Short-term marriage (under 10 yrs)
Moderate-term (10–20 yrs)
Long-term (20+ yrs)
So a 12-year (moderate-term) marriage could carry durational alimony for up to about 7.2 years (60% of 12). These are ceilings, not guarantees — the actual award can be shorter, and a judge can only go longer with clear and convincing evidence of exceptional circumstances.
How much alimony can be
The reform also capped the amount of durational alimony. It can't exceed the lesser of two numbers:
Durational alimony is capped at whichever of these is LESS:
The recipient's reasonable need
What the receiving spouse genuinely needs.
35% of the income gap
35% of the difference between the spouses' net incomes.
In other words, even if a spouse's "reasonable need" is high, the payment is still capped at 35% of the difference between the two spouses' net incomes — and if the need is lower than that, need controls.
What courts consider
Once need and ability to pay are established, a Florida court weighs all relevant factors to set the type, amount, and length, including:
- The length of the marriage and the standard of living during it
- Each spouse's age and physical, mental, and emotional health
- Each spouse's financial resources, income, assets, and debts after property is divided
- Earning capacity, education, and employability — and the time and cost to gain skills or training
- Contributions to the marriage, including homemaking, child-rearing, and supporting the other's career or education
- Responsibilities for any minor children
- Adultery and its economic impact (added by the 2023 reform)
When alimony changes or ends
Alimony isn't always set in stone. Two situations commonly change it:
- Retirement. A paying spouse can ask the court to reduce or end alimony upon reaching normal retirement age (as defined by Social Security, or the customary age for their profession) and taking real steps toward retiring — and may apply up to 6 months before the planned date.
- A "supportive relationship." If the recipient is in a supportive relationship with someone they live with, the court must reduce or terminate alimony. The paying spouse has to prove the relationship exists; the burden then shifts to the recipient to show it shouldn't change.
Bridge-the-gap alimony is the exception — it generally can't be modified. Remarriage of the recipient, or the death of either spouse, also ends most alimony.
If you agree on alimony (or waive it)
Here's the part that matters most for an amicable divorce: the statutory caps above constrain a judge who has to decide alimony — but you and your spouse can agree on it yourselves. You can set an amount and duration, or mutually waive alimony entirely, in a written marital settlement agreement, and the court will generally approve a fair, knowing agreement. Doing so keeps your divorce uncontested — which is faster and far cheaper than fighting it out.
If you and your spouse have settled the alimony question (in either direction), Amicably can prepare your complete Florida divorce, settlement agreement included, for a flat $99. If alimony is genuinely contested, that's the time to hire an attorney.
Agreed on support? Do the rest for a flat $99
If you and your spouse agree on the terms, check if you qualify in about 3 minutes — we'll prepare your complete uncontested Florida divorce.
Check if you qualifyFrequently asked questions
Does Florida still have permanent alimony?
No. Florida's 2023 reform eliminated permanent (lifetime) alimony for divorces filed or pending on or after July 1, 2023. Courts can now award only temporary, bridge-the-gap, rehabilitative, or durational alimony — all of which have time limits. Alimony ordered in divorces finalized before the reform generally remains in place.
What are the types of alimony in Florida?
Four: temporary (paid while the divorce is pending), bridge-the-gap (up to 2 years, for short-term transition needs), rehabilitative (up to 5 years, under a written plan to regain self-support), and durational (economic support for a set period, capped by the length of the marriage).
How is alimony calculated in Florida?
There's no single formula. A court first confirms one spouse's need and the other's ability to pay, then weighs factors like the length of the marriage, standard of living, and each spouse's resources. For durational alimony, the amount can't exceed the lesser of the recipient's reasonable need or 35% of the difference between the spouses' net incomes.
How long do you have to pay alimony in Florida?
It depends on the type. Bridge-the-gap lasts up to 2 years and rehabilitative up to 5. Durational alimony is capped as a share of the marriage length: up to 50% for short-term marriages (under 10 years), 60% for moderate-term (10–20 years), and 75% for long-term (20+ years).
What qualifies a spouse for alimony in Florida?
A spouse must show a genuine financial need and that the other spouse has the ability to pay. Beyond that threshold, the court considers the marriage length, standard of living, health, earning capacity, and contributions to the marriage. Either spouse can qualify — alimony isn't based on gender.
Can you avoid alimony in Florida?
Sometimes. If the requesting spouse can't show need, or the other can't show ability to pay, no alimony is awarded — and short marriages limit or rule out durational alimony. Spouses can also agree to waive alimony in a marital settlement agreement. A prenuptial agreement can address it in advance.
Does adultery affect alimony in Florida?
It can. The 2023 reform allows a court to consider adultery and, specifically, any economic impact it had (for example, marital money spent on an affair) when setting an alimony award. Florida remains a no-fault state for granting the divorce itself.
Can you agree on alimony without going to court?
Yes. Spouses can agree on an alimony amount and duration, or waive it entirely, in a written settlement agreement, and a judge will generally approve a fair, voluntary agreement. Agreeing keeps the divorce uncontested — faster and cheaper — while the statutory caps mainly apply when a court has to decide a contested award.
Official sources
Florida Statutes § 61.08 (2023) — Alimony
Senate Bill 1416 (2023) — enrolled text
Florida Senate — SB 1416 bill summary
Reviewed by the Amicably document team
Amicably is a Florida registered legal document preparation service. We prepare uncontested divorce packets — including marital settlement agreements that reflect what spouses have agreed about support — using the official Florida Supreme Court–approved forms. We are not a law firm and do not provide legal advice; this guide is general information about Florida law, not advice about your situation.