Spousal Support in Florida: A Full Guide

Florida overhauled its alimony law in 2023 when Governor DeSantis signed SB 1416, eliminating permanent alimony for all new cases filed on or after July 1, 2023. The reformed statute recognizes four forms of spousal support—temporary, bridge-the-gap, rehabilitative, and durational—each with distinct eligibility rules, amount limits, and duration caps. This guide explains who qualifies for Florida spousal support, how courts calculate awards, how long payments last, and when they can be modified or ended.

Types of Spousal Support in Florida

Florida law provides four distinct forms of alimony, each designed for a different purpose. Courts can award them individually or in combination, and each carries its own rules for modification and termination:

• Temporary alimony (pendente lite) — Short-term support ordered while the divorce case is pending under §61.071. It maintains the status quo until the final judgment. The court can modify or vacate temporary orders without the “substantial change” showing required for final orders, and adjustments can apply retroactively.
• Bridge-the-gap alimony — Covers specific, identifiable short-term needs during the transition from married to single life, such as security deposits or moving costs. Limited to a maximum of 2 years, non-modifiable in amount or duration, and terminates automatically upon the death of either party or the recipient's remarriage.
• Rehabilitative alimony — Funds a specific plan to develop the recipient's capacity for self-support—such as completing a degree program or vocational training. Capped at 5 years, and the plan must be detailed in the order. It can be modified or terminated for a substantial change in circumstances, early completion of the plan, or noncompliance.
• Durational alimony — The principal long-term form after the 2023 reform. Provides economic assistance for a set period, subject to strict duration and amount caps described below. Not available for marriages under 3 years. Terminates on the death of either party or the recipient's remarriage.

Permanent alimony can no longer be awarded in cases filed on or after July 1, 2023. Existing permanent alimony orders from earlier cases remain in effect unless modified through the new statutory framework.

Who Qualifies for Spousal Support

Before any form of alimony can be awarded, the court must make a specific factual determination that the requesting spouse has need and the other spouse has the ability to pay. The requesting spouse bears the burden of proof, and the court must issue written findings.

Once the need-and-ability threshold is met, the judge evaluates the mandatory factors listed in §61.08(3), including:

• Duration of the marriage (short-term under 10 years, moderate-term 10–20 years, long-term 20+ years, measured from the wedding date to the filing date)
• Standard of living established during the marriage
• Age and physical, mental, and emotional condition of each party
• Financial resources and income of each party, including income from both marital and nonmarital assets
• Earning capacities, education, vocational skills, and employability
• Contributions to the marriage, including homemaking, childcare, and career support
• Child-related responsibilities, including special-needs caregiving

Adultery may be considered only for its economic impact on the marital estate—it does not independently create or block eligibility for alimony.

How Much Can a Court Order

Florida does not use a statewide guidelines formula for alimony generally. The court sets the amount based on need versus ability, with required written findings. However, for durational alimony specifically, the 2023 reform added a hard ceiling: the monthly award cannot exceed the lesser of the recipient's reasonable need or 35% of the difference between the parties' net incomes.

Net income for the 35% cap is calculated using the definitions in §61.30(2)–(3), which include wages, bonuses, business income, retirement benefits, Social Security, interest, dividends, and rental income after allowable deductions like taxes, FICA, mandatory retirement contributions, and health insurance premiums.

An additional guardrail prohibits any alimony award from leaving the paying spouse with “significantly less” net income than the recipient, unless the court makes written findings of exceptional circumstances.

Practical Tip: The 35% cap is a ceiling, not a target. Courts frequently award less based on the recipient's documented budget shortfall and the paying spouse's ability to cover their own expenses while making payments.

See how Florida spousal support might apply to your situation:

How Long Does Alimony Last

Duration depends on the type of alimony and the length of the marriage. For durational alimony, the 2023 reform imposes strict caps based on marriage-length tiers:

• Under 3 years: No durational alimony permitted (bridge-the-gap or rehabilitative only)
• 3 to 10 years (short-term): Up to 50% of the marriage length
• 10 to 20 years (moderate-term): Up to 60% of the marriage length
• 20+ years (long-term): Up to 75% of the marriage length

A court may extend the term beyond these caps only in “exceptional circumstances” proven by clear and convincing evidence, such as the recipient's disability, depleted resources, or caregiving for a disabled common child.

For other types: bridge-the-gap is limited to 2 years, and rehabilitative is limited to 5 years. Temporary alimony ends when the divorce is finalized.

Modification and Termination

Either party can seek modification of a durational or rehabilitative alimony order by showing a substantial change in circumstances. For durational alimony, the amount is modifiable but the term can only be changed in exceptional circumstances. Bridge-the-gap alimony is non-modifiable.

Alimony terminates automatically upon:

• Death of either party (for bridge-the-gap and durational)
• Remarriage of the recipient (for bridge-the-gap and durational)
• Supportive relationship (cohabitation): Under §61.14, the court must reduce or terminate alimony if the obligor proves the recipient has been in a “supportive relationship” with a non-relative for 365 days before filing. A conjugal relationship is not required—the statute lists factors like shared residence, pooled finances, joint purchases, and mutual financial support.
• Retirement: The paying spouse may file to reduce or terminate alimony up to six months before a planned retirement. The court evaluates whether the retirement is reasonable based on age, health, profession, and the impact on the recipient. If granted, relief takes effect upon actual retirement.

Understanding how Florida alimony interacts with Florida marital property division is important, since the property each spouse receives in the divorce directly affects whether the need threshold is met.

Enforcement

Courts enforce alimony orders through several mechanisms. An income deduction order (wage withholding) is generally required when a final alimony order is entered. For nonpayment, the recipient can pursue civil contempt proceedings—the original order creates a presumption that the obligor has the ability to pay, and the obligor bears the burden of proving otherwise. Additional tools include garnishment of amounts owed to the obligor and, in appropriate cases, suspension of driver's licenses or certain professional licenses.

Tax Treatment

For divorce instruments executed after December 31, 2018, alimony is not deductible by the payer and not taxable to the recipient under the federal Tax Cuts and Jobs Act. Pre-2019 orders keep the old deductible/taxable treatment unless a later modification expressly adopts TCJA rules. See IRS Publication 504 for details. Florida has no state income tax, so the federal rule is the only tax treatment that applies.

Frequently Asked Questions

How long do you have to be married to get alimony in Florida? There is no minimum marriage length for temporary, bridge-the-gap, or rehabilitative alimony. However, durational alimony requires a marriage of at least 3 years. Marriages under 10 years are classified as short-term and receive the smallest duration cap (50% of the marriage length).

Can you still get permanent alimony in Florida? No. For cases filed on or after July 1, 2023, permanent alimony is no longer available. Durational alimony with duration caps is now the longest-term option. Existing permanent alimony orders from earlier cases continue unless modified.

Does living with someone affect alimony in Florida? Yes. If the paying spouse proves that the recipient has been in a “supportive relationship” for 365 days before filing, the court must reduce or terminate alimony. The factors include shared residence, pooled finances, and mutual financial support. No conjugal relationship is required.

How is alimony calculated in Florida after the 2023 reform? For durational alimony, the award cannot exceed the lesser of the recipient's reasonable need or 35% of the difference between the parties' net incomes. The court must also ensure the award does not leave the payer with significantly less net income than the recipient. If you are weighing your options, see our guide on Florida uncontested vs. contested divorce.