Florida Durational Alimony: Length, Caps, and the 35% Rule

Durational alimony is now the centerpiece of Florida spousal support. Since Florida’s alimony reform took effect on July 1, 2023, permanent alimony is no longer available in new cases, and durational alimony which is loosely translated as spousal support for a set period of time, is the primary form of longer-term alimony a divorce court can award. Alimony reform placed firm statutory limits on both how long durational alimony can last and how much it can be barring special circumstances. Jonathan Jacobs is a Clermont and Orlando family law attorney; call Jacobs Law Firm at 407-335-8113 to discuss how durational alimony may apply to your divorce and to explore your

The New Marriage-Length Definitions

How long you were married now matters more than ever, and the reform changed the definitions in Florida Statute 61.08. A short-term marriage is one lasting less than 10 years. A moderate-term marriage lasts between 10 and 20 years. A long-term marriage lasts 20 years or more. The length of the marriage is measured from the date of marriage (look to your marriage license) to the date of filing the petition for dissolution. Unless you and your spouse have a valid separation agreement, do not look to the date of separation in determining the length of your marriage for purposes of awarding alimony.

How Long Can Durational Alimony Last?

The current statute imposes hard caps tied to marriage length. Durational alimony may not be awarded at all for a marriage lasting less than 3 years. For marriages of 3 years or more, the award generally may not exceed:

• 50% of the length of a short-term marriage
• 60% of the length of a moderate-term marriage
• 75% of the length of a long-term marriage

For example, after a 12-year (moderate-term) marriage, durational alimony would generally be capped at 7.2 years, or 60% of the length of the marriage. A court may extend these limits only in exceptional circumstances, applying the statutory factors. For instance, hypothetically, an exceptional circumstance might apply where the recipient of support is caring for a child with a permanent disability or has their own permanent limitation on their earnings capacity. Under no circumstances may the length of a durational award exceed the length of the marriage except in those exceptional circumstances. Case law is always evolving and may test this further as time goes on.

How Much Can Durational Alimony Be? The 35% Rule

Alimony reform also capped the amount a court may award a payee. Durational alimony is limited to the recipient’s reasonable need, or 35% of the difference between the parties’ net incomes, whichever is less. This formula gives divorcing spouses something Florida never had before: a predictable ceiling, though not a certain floor. It does not guarantee an award at that level, rather, the requesting spouse must still prove need and the other spouse’s ability to pay. The court still considers the statutory factors, including the standard of living during the marriage, each party’s age, health, earning capacity, and contributions to the marriage. Alimony is awarded at the discretion of the trier of fact (your family law judge).

When Does Durational Alimony End?

Durational alimony ends on the date set in the final judgment or marital settlement agreement, and it terminates earlier upon the death of either party or the remarriage of the recipient. It may also be reduced or terminated if the recipient enters a supportive relationship, though you may need to file a supplemental action to prove this. The amount of a durational award may be modified upon a substantial change in circumstances, but the length of the award may be modified only under exceptional circumstances.

Durational Alimony Must Be Pleaded and Proven

Florida courts do not award alimony automatically. Your attorney must specifically request it in your pleadings, and the court must make written findings supporting any award, including findings on need, ability to pay, and the statutory factors. Whether you expect to request durational alimony or defend against a claim, organized financial evidence is what wins these cases.

If you have questions about durational alimony after a short, moderate, or long-term marriage, call Jacobs Law Firm at 407-335-8113 or e-mail admin@jjlawfl.com. We serve clients in Clermont, Orlando, Winter Park, and throughout Central Florida.