After years of legislative battles and vetoed bills, Florida finally overhauled its alimony system in 2023. The changes, which took effect July 1, 2023, represent the most significant shift in Florida alimony law in decades.
The new law eliminates permanent alimony entirely and establishes clear time limits and payment caps for spousal support.
Florida Senate Bill 1416 now governs how courts approach alimony awards, bringing structure to what was once a more discretionary process.
For anyone facing divorce or seeking to modify an existing agreement, these reforms create a fundamentally different landscape.
The End of Permanent Alimony in Florida
What Senate Bill 1416 Changed
Governor Ron DeSantis signed the Florida alimony reform bill into law on June 30, 2023. The bill took effect the next day, marking the culmination of nearly a decade of alimony reform efforts.
Previous attempts had failed due to controversial provisions affecting existing agreements. The 2023 version gained support from the Family Law Section of The Florida Bar by protecting pre-existing awards.
The reform’s most dramatic change: Elimination of permanent alimony.
Courts can no longer award indefinite spousal support that continues until death or remarriage.
Why This Matters for Florida Divorce Cases
The removal of permanent alimony in Florida fundamentally alters expectations in divorce cases. Couples married for decades can no longer count on lifetime support arrangements.
Key shifts include:
- Time-limited support replacing indefinite awards
- Focus on the recipient’s path to financial independence
- Predictable durational limits based on marriage length
- Caps on payment amounts tied to income differences
This reflects a policy preference for encouraging self-sufficiency over long-term dependency.
Types of Alimony Available Under the New Alimony Law
Florida courts can now award only these types of alimony:
- Temporary alimony: Support during the divorce process before the divorce is finalized
- Bridge-the-gap alimony: Short-term transition assistance, capped at two years
- Relocation
- Establishing a separate household
- Rehabilitative alimony: Education or training support for self-sufficiency, capped at five years
- Requires a specific plan
- Should show how to recipient will gain skills or credentials to become self-supporting
- Durational alimony: Time-limited support based on marriage length
Each type of alimony serves a distinct purpose under Florida’s new alimony law. Courts must approve the rehabilitative plan as part of any award.
Marriage-Based Duration Caps
The new alimony law in Florida establishes strict percentage-based caps on durational alimony:
Marriage Length:
- Under 3 years → No durational alimony allowed
- 3 to 10 years → Maximum 50% of marriage length
- 10 to 20 years → Maximum 60% of marriage length
- Over 20 years → Maximum 75% of marriage length
A 15-year marriage allows durational alimony for nine years, maximum. Even a 40-year marriage caps support at 30 years.
Courts may exceed these limits only in specified exceptional circumstances and must make written findings.
The 35% Payment Cap
Beyond duration, the 2023 alimony reform establishes payment amount restrictions. Alimony cannot exceed the lesser of:
- The recipient’s reasonable need, or
- 35% of the difference between the parties’ net incomes
This formula creates a ceiling tied to the income gap. Courts calculate each spouse’s net income after taxes and deductions, then apply the 35% cap to the difference.
Key Factors in Determining Alimony Awards
Adultery Now Affects Alimony
The new alimony law allows courts to consider adultery and any resulting economic impact when determining alimony. This does not make Florida a general “fault” state for divorce, but it permits consideration of adultery’s financial consequences.
If one spouse’s infidelity caused financial harm, courts must account for that in the award.
Traditional Factors Still Apply
Courts examine multiple factors under Florida Statutes § 61.08:
- Duration of the marriage
- Standard of living during the marriage
- Age and physical and emotional health of both parties
- Financial resources of each party
- Earning capacities, educational levels, and employability
- Contributions to the marriage, including homemaking and child care
- Time needed to acquire education or training for appropriate employment
The party seeking alimony bears the burden of proving both need and the other party’s ability to pay alimony.
Retirement Provisions Codified
One significant change involves alimony based on retirement. Under Florida Statutes § 61.14, a paying spouse can seek modification no sooner than six months before planned retirement.
Courts must consider:
- Customary retirement age for the obligor’s occupation
- Obligor’s age and health
- Motivation for retirement
- Financial impact on both parties
- Needs of the obligee and ability to contribute toward basic needs
- Economic impact of termination or reduction of alimony
This provides clearer guidance while maintaining court oversight to prevent abuse.
Impact on Existing Alimony Agreements
Pre-2023 Awards Remain Protected
The Florida alimony reform bill explicitly protects existing alimony from automatic changes. Any Florida divorce finalized before July 1, 2023, remains governed by the old law.
Existing permanent alimony awards continue unless modified through proper proceedings showing a substantial change in circumstances.
When Modification Is Possible
People with existing alimony agreements can still seek modifications. The paying spouse must prove a substantial change in circumstances under Florida Statutes § 61.14(1)(a).
Common grounds include:
- Significant income changes for either party
- Retirement of the paying spouse
- Supportive relationship development
- Changed health circumstances
Courts do not automatically apply the new durational caps or the 35% formula to pre-July 1, 2023 judgments unless both parties consent.
Modification petitions are evaluated under § 61.14 and the terms of the existing judgment. The new statute is not retroactive to automatically change prior awards.
Supportive Relationships Under the New Law
Stricter Enforcement Standards
Under Florida Statutes § 61.14(1)(b), courts must reduce or terminate alimony if the paying spouse proves by preponderance of evidence that a supportive relationship exists.
The burden is on the obligor to prove a supportive relationship exists or has existed in the 365 days before filing the modification petition. Once proven, the burden shifts to the recipient to show why alimony should continue.
What Courts Consider
A supportive relationship goes beyond casual dating. Florida Statutes § 61.14(1)(b)2 outlines specific factors:
- Extent parties hold themselves out as a married couple
- Using the same last name
- Common mailing address
- Referring to each other as spouses
- Period of time residing together
- Pooling of assets or income
- Support provided by the other person
- Performance of valuable services for each other
- Purchase of property jointly
Financial interdependence, not just romantic involvement, characterizes relationships that reduce alimony obligations. The relationship essentially takes the financial place of a marriage.
Guidance for Those Navigating Alimony Issues
For New Divorce Cases
The changes to alimony laws create different planning considerations for couples going through a divorce. Marriage length now matters more than ever, with clear thresholds at 3, 10, and 20 years.
Documentation becomes critical:
- Financial disclosures showing income and expenses
- Employment history and earning capacity
- Evidence of contributions to the marriage
- Rehabilitative plans if seeking that form of alimony
For marriages approaching threshold lengths, timing decisions take on new significance.
For Modification Seekers
People with existing alimony agreements face different considerations depending on their position:
Recipients of alimony:
- Pre-2023 rights remain protected
- Existing permanent alimony stays valid
- Still vulnerable to modification requests
- Should avoid supportive relationships
Understanding these protections helps recipients prepare for potential modification attempts.
Paying spouses:
- Must prove substantial changed circumstances
- New caps don’t automatically apply to existing awards
- Retirement and supportive relationships offer modification grounds
- Traditional standards still apply
The key is recognizing that existing agreements operate under different rules than new divorce cases.
Understanding Florida’s Reformed Alimony System
Florida’s alimony reform represents a complete restructuring of spousal support. The law creates both challenges and opportunities. Long-term marriages face tighter limits on support duration.
However, the clear structure and guidance from experienced legal representatives, like Vollrath Law, reduce uncertainty and potentially lengthy court battles over appropriate alimony amounts.