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.
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:
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.
Under the current statute (61.08), a Florida court can order one or more of the following:
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.
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.
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.
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.
| Length of Marriage | Category | Max Durational Alimony Length |
|---|---|---|
| Less than 3 years | — | Not available |
| 3 to less than 10 years | Short-term | Up to 50% of the marriage length |
| 10 to less than 20 years | Moderate-term | Up to 60% of the marriage length |
| 20 years or more | Long-term | Up to 75% of the marriage length |
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).
Before ordering any alimony, a Florida judge must make written findings on two threshold questions:
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 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.
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).
Whether you expect to pay or receive alimony, the work falls into the same four pillars:
Jacobs Law Firm handles alimony cases in Orange, Lake, Seminole, Osceola, Polk, Brevard, Volusia, Marion, Hernando, Sumter, Pasco, and surrounding counties.
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.
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:
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.