How Does Alimony Work in Florida?

The 2023 Reform Changed Everything

On July 1, 2023, Florida’s alimony reform law (SB 1416) took effect, rewriting Florida Statute 61.08. The headline change: permanent alimony no longer exists for new divorce cases. Before the reform, a spouse in a long marriage could be ordered to pay support for life. Now every alimony award has a defined endpoint.

The reform applies to divorces filed after July 1, 2023. It did not automatically cancel permanent alimony awards from older cases, though the new law also created a clearer path for paying spouses to seek modification when they retire.

The Two-Part Test: Need and Ability to Pay

Before any alimony is awarded, the court must make two findings: the requesting spouse has an actual need for support, and the other spouse has the ability to pay it. If either piece is missing, there is no alimony — regardless of how long the marriage lasted. The spouse requesting alimony has the burden of proving both.

Once need and ability are established, the court weighs factors including the standard of living during the marriage, the length of the marriage, each spouse’s age and health, income and earning capacity, contributions to the marriage (including homemaking and child-raising), and each spouse’s responsibilities to minor children.

The Types of Alimony in Florida Today

Temporary alimony supports a spouse while the divorce is pending and ends when the case is finalized.

Bridge-the-gap alimony helps a spouse transition from married to single life — covering identifiable short-term needs like moving costs or bills while a house sells. It cannot exceed 2 years and cannot be modified.

Rehabilitative alimony funds a specific, written plan for the receiving spouse to become self-supporting — finishing a degree, renewing a license, retraining for work. It is capped at 5 years.

Durational alimony provides support for a set period after marriages of 3 years or more. How long it can last depends on the marriage length: up to 50% of the length of a short-term marriage (under 10 years), 60% of a moderate-term marriage (10–20 years), and 75% of a long-term marriage (20 years or longer). The amount is capped at the lesser of the recipient’s reasonable need or 35% of the difference between the spouses’ net incomes.

When Alimony Ends or Changes

Alimony generally ends if the receiving spouse remarries or either spouse dies. Courts must also reduce or terminate alimony if the recipient is in a “supportive relationship” — living with a partner who shares expenses, even without remarriage. And when the paying spouse reaches a reasonable retirement age, the new statute lays out a process to seek reduction or termination of payments.

Adultery and its economic consequences may also be considered by the court when setting an award.

Alimony Cases in Miami-Dade County

Alimony disputes in Miami are heard in the Family Division of the Eleventh Judicial Circuit, with filings handled through the Miami-Dade Clerk of Courts. Miami cases often involve complications the statute doesn’t spell out — a spouse’s business income, international assets, or income that fluctuates seasonally — and the outcome frequently turns on how well each side documents real income and real need. Arturo R. Alfonso P.A. has represented Miami-Dade spouses on both sides of alimony claims for over 35 years, in English and Spanish. If you’ve been searching for an alimony attorney near me in Miami, we can evaluate what the current statute means for your specific situation.

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