How Long Do You Have to Be Married to Get Alimony in Florida?
There is no minimum marriage length to request alimony in Florida, but durational alimony — the most common type — cannot be awarded if the marriage lasted less than 3 years. For marriages of 3 years or more, alimony can last up to 50%–75% of the marriage’s length, depending on how long you were married.
Florida’s Three Marriage Categories
Since Florida’s 2023 alimony reform (Senate Bill 1416, effective July 1, 2023), the length of your marriage is the single biggest factor in how long alimony can last. Under Florida Statute 61.08, a short-term marriage is one lasting less than 10 years, a moderate-term marriage lasts 10 to 20 years, and a long-term marriage lasts 20 years or more. The clock runs from your wedding date to the date the divorce petition is filed — not the date the divorce is finalized.
How Marriage Length Caps Durational Alimony
Durational alimony — a set monthly payment for a set number of years — is now the workhorse of Florida spousal support, since the 2023 reform eliminated permanent alimony for divorces filed on or after July 1, 2023. The length of the marriage caps how long it can last:
A marriage under 3 years does not qualify for durational alimony at all. For a short-term marriage (3 to under 10 years), payments may not exceed 50% of the marriage’s length — so a 6-year marriage supports at most 3 years of alimony. For a moderate-term marriage (10–20 years), the cap is 60% of the marriage’s length. For a long-term marriage (20+ years), it rises to 75%. Courts may extend these limits only in exceptional circumstances, such as a spouse’s permanent disability or full-time care of a child with special needs.
The amount is also capped: durational alimony is the lesser of the receiving spouse’s reasonable need or 35% of the difference between the spouses’ net incomes.
Short Marriages Aren’t Shut Out Entirely
Even if you were married less than 3 years, other forms of support may be available. Bridge-the-gap alimony (maximum 2 years) helps with the transition to single life, and rehabilitative alimony (maximum 5 years) funds a specific plan to rebuild earning capacity — education, training, or re-entering the workforce. Temporary alimony can also be ordered while the divorce is pending, regardless of marriage length.
Need Comes First
Marriage length only sets the ceiling. To award any alimony, a Florida court must first find that one spouse has an actual need for support and the other has the ability to pay. Judges then weigh the standard of living during the marriage, each spouse’s age, health, income, and earning capacity, and contributions to the marriage such as homemaking and child-rearing. A court may also consider adultery by either spouse and any resulting economic impact.
Alimony Cases in Miami-Dade County
If your divorce is filed in Miami, your alimony claim will be decided in the Family Division of the Eleventh Judicial Circuit, with filings through the Miami-Dade Clerk of Courts. Miami’s high cost of living often makes both the “need” and “ability to pay” questions sharply contested, and the income documentation behind a 35% net-income calculation matters enormously. Arturo R. Alfonso P.A. has served Miami-Dade families in English and Spanish for over 35 years and can give you a realistic assessment of what alimony you can expect to pay or receive. If you’ve been searching for an alimony attorney near me in Miami, we’re ready to help.
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