Orlando Alimony Attorney

 Attorney Jonathan Jacobs is a Florida Bar–licensed family law attorney serving Orlando, Clermont, Winter Park, and all of Central Florida. Below is a plain-English guide to how alimony works in Florida today, what you can ask for, what the court can award, and how the new limitations may affect your case.

Call or text (407) 335-8113 for a confidential consultation with Jacobs Law Firm. Virtual and in-person appointments available at our Winter Park and Clermont offices.

Florida Alimony in 2026: What Changed in 2023

On July 1, 2023, Florida Senate Bill 1416 took effect and rewrote Chapter 61.08, Florida Statutes (currently in year three since the law changed). Three substantial changes that matter are:

• Permanent alimony was eliminated. For most divorces finalized on or after July 1, 2023, lifetime alimony is no longer an option in Florida no matter how long the marriage lasted. Durational alimony might feel like lifetime alimony for those married more than 20 years.
• Durational alimony is now capped two ways: by length (a percentage of the marriage’s length) and by amount (35% of the difference between the parties’ net monthly incomes, or the recipient’s reasonable need, whichever amount is less).
• Retirement and “supportive relationships” are now statutory grounds for modifying or terminating an alimony obligation.

If your divorce was finalized before July 1, 2023, your existing alimony order is likely still governed by the old law. Modifications filed after that date, however, may be evaluated under the new framework.

The Four Types of Alimony Available in Florida Today

Under the current statute (61.08), a Florida court can order one or more of the following:

1. Temporary Alimony (Pendente Lite)

Support paid while the divorce is pending is called “pendente lite” or “suit money”. It ends when the court enters the final judgment. Its purpose is to keep the lower-earning spouse financially stable during the case so neither side is forced to settle out of economic desperation.

2. Bridge-the-Gap Alimony

Short-term support to help a spouse transition from married to single life which covers identifiable, short-term needs like moving costs, security deposits, or COBRA premiums is called bridge-the-gap alimony.

• Maximum duration: 2 years
• Modifiable? No (the amount and duration are fixed once ordered)
• Ends if: either spouse dies, or the recipient remarries

3. Rehabilitative Alimony

Support tied to a specific, written rehabilitative plan (for example, finishing a degree, completing a certification, or re-entering a profession) is called rehabilitative alimony.

• Maximum duration: 5 years
• Requires: a defined plan with milestones and a budget
• Can be modified or terminated if the plan is completed, abandoned, or breached

4. Durational Alimony

The closest replacement for what used to be called “permanent” alimony is durational spousal support. It provides ongoing support for a set number of years.

• Not available for marriages under 3 years
• Duration cap: the lesser of the recipient’s need or the percentage cap below
• Amount cap: the lesser of the recipient’s reasonable need, or 35% of the difference between the parties’ net incomes

Hypothetical example. A 12-year marriage is “moderate-term” meaning more than 10 years but less than 20 years. In this case, durational alimony could last up to 60% of 12 years = 7.2 years. If the paying spouse nets $9,000/month and the receiving spouse nets $3,000/month, the amount cap is 35% × ($9,000 − $3,000) = $2,100/month (assuming the recipient’s actual need supports that figure).

How a Florida Court Decides Whether to Award Alimony

Before ordering any alimony, a Florida judge must make written findings on two threshold questions:

1. Does the requesting spouse have an actual financial need?
2. Does the other spouse have the ability to pay?

If either answer is no, no alimony is awarded. If both are yes, the court then weighs the statutory factors in F.S. §61.08(3), including:

• The standard of living established during the marriage
• The length of the marriage
• The age and physical/emotional condition of each spouse
• Each spouse’s financial resources, including marital and non-marital assets
• Each spouse’s earning capacity, education, vocational skills, and employability
• Each spouse’s contribution to the marriage (homemaking, child care, education and career-building of the other spouse)
• The responsibilities each will have for any minor children
• The tax treatment and consequences to both parties
• All sources of income, including income from investments and assets
• Adultery and its economic impact, if applicable

The judge weighs these statutory factors together there’s no formula that produces a guaranteed result, which is why how your case is presented and documented matters enormously. Having an Orlando alimony attorney on your side can make a huge difference.

Modifying or Terminating an Existing Alimony Award

You can ask a Florida court to modify or end an alimony obligation if you can prove a substantial change in circumstances. Under the 2023 reform, two grounds are now spelled out clearly in the statute:

Retirement. A paying spouse who reaches normal retirement age (as defined by Social Security or their industry) can petition for modification. You can file up to 6 months before your planned retirement date.

Supportive Relationship. If the alimony recipient is in a relationship that functions like a marriage  cohabitation, shared finances, pooled resources, the paying spouse can seek a reduction or termination. The paying spouse bears the initial burden of proving the relationship exists; if proven, the burden shifts to the recipient to show why alimony should continue.

Other valid grounds include involuntary loss of income, serious illness or disability, and the remarriage of the recipient (which terminates alimony automatically under most orders).

What an Orlando Alimony Attorney Actually Does for You

Whether you expect to pay or receive alimony, the work falls into the same four pillars:

• Financial analysis. Building a complete, defensible picture of both spouses’ income, expenses, assets, and earning capacity including hidden or imputed income.
• Strategy. Identifying which type(s) of alimony fit your situation and what duration and amount are realistic under the new caps.
• Negotiation and mediation. Most Florida alimony cases settle. A strong financial affidavit and a clear settlement proposal often resolves the issue without trial.
• Trial preparation. When the other side won’t agree to a fair number, the case is decided by a judge and that means presenting evidence, witnesses, and expert testimony under the §61.08(3) factors.

Jacobs Law Firm handles alimony cases in Orange, Lake, Seminole, Osceola, Polk, Brevard, Volusia, Marion, Hernando, Sumter, Pasco, and surrounding counties.

Frequently Asked Questions About Florida Alimony

Is permanent alimony still available in Florida? No. Permanent (lifetime) alimony was eliminated by SB 1416 effective July 1, 2023. Any divorce finalized on or after that date can only result in temporary, bridge-the-gap, rehabilitative, or durational alimony. Existing permanent alimony awards from before July 1, 2023 remain in force under their original terms unless modified.

How is alimony calculated in Florida? There is no fixed formula like child support. The court first decides need and ability to pay, then weighs the statutory factors in F.S. §61.08(3). For durational alimony specifically, the amount cannot exceed the lesser of the recipient’s reasonable need or 35% of the difference between the parties’ net incomes.

How long do you have to be married to get alimony in Florida? There is no minimum for temporary, bridge-the-gap, or rehabilitative alimony. Durational alimony, however, is not available for marriages of less than 3 years. The longer the marriage, the longer durational alimony can last — up to 50%, 60%, or 75% of the marriage’s length depending on category.

Can adultery affect alimony in Florida? Yes, but only its economic impact. The court can consider whether marital assets were spent on the affair. Adultery alone, without financial waste, generally does not change the alimony number.

Will I still get alimony if my spouse retires? Possibly not. Reaching normal retirement age is now a statutory ground for modifying or terminating alimony. The retiring spouse can file up to 6 months before their planned retirement date and the court will weigh the impact on both parties.

What happens to alimony if I move in with a new partner? If the relationship functions like a marriage, cohabitation, shared expenses, pooled finances, the paying spouse can ask the court to reduce or terminate alimony based on a “supportive relationship,” even if you never remarry.

Does alimony stop if I remarry in Florida? Yes. Remarriage of the recipient terminates alimony automatically under almost every Florida alimony order.

Can I write alimony out of a prenup? Generally yes, with limits. Florida allows parties to waive or limit alimony in a properly executed prenuptial or postnuptial agreement, provided the agreement was entered voluntarily, with full financial disclosure, and is not unconscionable.

Is alimony taxable in Florida? For divorces finalized after December 31, 2018, alimony is not deductible by the payer and not taxable to the recipient under federal tax law. Older orders (pre-2019) generally still follow the old tax treatment unless modified.

How much does an alimony attorney cost in Orlando? Jacobs Law Firm offers flat-fee options for qualifying cases including contested alimony litigation. Call (407) 335-8113 for a transparent fee discussion before you commit.

Talk to an Orlando Alimony Attorney Today

Alimony cases turn on financial detail, statutory factors, and credible evidence. The 2023 reform makes outcomes more predictable than they used to be,  but only if your case is built around the new statute, not the old one.

We offer paid initial consultations by phone, video, or in person at either office:

• Winter Park Office: 331 S Wymore Rd, Winter Park, FL 32789
• Clermont Office: 838 W Desoto St, Clermont, FL 34711

Call or text: (407) 335-8113 Email: admin@jjlawfl.com

Jonathan Jacobs is a Florida Bar–licensed attorney (Bar #1002263) representing clients in divorce, alimony, child custody, child support, paternity, and family law matters throughout Central Florida.