Florida
Florida Alimony (2023 Reform)
14 min read
Updated
Types of Alimony
Florida now recognizes these types of alimony:
**Temporary alimony**: Support during the divorce process
**Bridge-the-gap alimony**: Short-term support to help a spouse transition (up to 2 years, non-modifiable)
**Rehabilitative alimony**: Support while a spouse gets education or training for employment (requires a specific plan)
**Durational alimony**: Support for a set period based on marriage length (the primary form of post-divorce support)
**Permanent alimony**: Eliminated for marriages under 20 years. For marriages of 20+ years, only available in 'exceptional circumstances.'
The New Durational Limits
The 2023 law sets strict limits on how long durational alimony can last:
**Short-term marriage (under 7 years)**:
- Maximum duration: 50% of the length of the marriage
**Moderate-term marriage (7-20 years)**:
- Maximum duration: 60% of the length of the marriage
**Long-term marriage (20+ years)**:
- Maximum duration: 75% of the length of the marriage
- Permanent alimony possible only in 'exceptional circumstances'
**Example**: A 10-year marriage (moderate-term) can result in alimony lasting no more than 6 years (60% of 10).
Amount Limits
The 2023 reform also caps the amount of durational alimony:
**The 35% Rule**: Durational alimony cannot exceed 35% of the difference between the parties' net incomes.
**Example calculation**:
- Spouse A earns $150,000 net
- Spouse B earns $50,000 net
- Difference: $100,000
- Maximum alimony: $35,000/year (35% of $100,000)
This is a significant change from prior law, which gave courts more discretion. The cap applies to durational alimony, not bridge-the-gap or rehabilitative.
Retirement and Termination
A major change: **reaching normal retirement age is now a clear basis for terminating or reducing alimony.**
- The paying spouse can petition to modify or terminate alimony based on reaching normal retirement age
- 'Normal retirement age' is defined as the age for full Social Security benefits
- Courts must consider the payor's ability to continue paying and the recipient's ability to support themselves
**Cohabitation (supportive relationships)**: If the receiving spouse is in a 'supportive relationship' (living with a romantic partner), alimony can be reduced or terminated. This codifies prior case law.
**Remarriage**: Alimony automatically terminates if the recipient remarries.
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