What Is Alimony in Florida? Types, 35% Cap, and Eligibility

Alimony in Florida is court-ordered financial support one spouse pays the other during or after a divorce, awarded only when the requesting spouse proves a genuine financial need and the other spouse has the ability to pay.¹ Since July 1, 2023, every new alimony award must have a defined end date. Permanent alimony no longer exists in Florida for cases filed after that date, and the law now caps both the duration of support and the dollar amount based on the length of the marriage and the income gap between the spouses.

Who Qualifies for Alimony

Getting alimony is a two-step inquiry. The spouse asking for support must first prove two things: an actual financial need, and the other spouse’s ability to pay. If either element is missing, the analysis stops and no alimony is awarded. The burden of proof sits squarely on the person requesting support.¹

Once need and ability are established, the judge weighs a list of statutory factors to decide the type, amount, and length of any award:

Length of the marriage, measured from the wedding to the filing of the divorce petition.
Standard of living established during the marriage and what each spouse will reasonably need afterward.
Age and physical, mental, and emotional condition of both spouses.
Financial resources of each spouse, including income from both marital and separate property.
Earning capacity, education, job skills, and the time needed for the recipient to become self-supporting.
Contributions to the marriage, including homemaking, childcare, and supporting the other spouse’s career or education.
Parenting responsibilities for minor children, with particular weight given to caring for a child with a disability.
Any other equitable factor the court finds relevant.

The judge must issue written findings explaining how these factors support the ruling, whether the request is granted or denied.¹

Adultery can factor in, but only when it had an economic impact on the marriage. Spending marital funds on an affair, say on gifts, trips, or a separate household, gives the court a concrete reason to adjust the award. Adultery without financial consequences carries little weight.¹

The Four Types of Alimony

Florida recognizes four forms of alimony, and a judge can award one or combine several.

Temporary Alimony

Temporary alimony covers the period while the divorce is still pending and keeps a lower-earning spouse stable during litigation. A court can modify a temporary award without requiring proof of a major change in circumstances.² It ends automatically when the final judgment is entered.

Bridge-the-Gap Alimony

Bridge-the-gap alimony helps with the short-term costs of transitioning to single life, such as a security deposit on a new apartment or a gap in health insurance. It cannot last longer than two years and cannot be modified in amount or duration once awarded. It ends automatically if either party dies or the recipient remarries.¹

Rehabilitative Alimony

Rehabilitative alimony funds a specific plan for the recipient to become self-supporting, such as finishing a degree or earning a professional certification. The court will not award it without a concrete, written plan spelling out what the recipient intends to do and how long it will take. The maximum duration is five years, and a judge can shorten or end it if the recipient fails to follow the plan or finishes early.¹

Durational Alimony

Durational alimony is the workhorse of Florida’s current system. It provides ongoing support for a set number of years, with both the length and the amount capped by statute.¹ How long it can last depends on how long the marriage lasted.

How Long Durational Alimony Can Last

Florida sorts marriages into three categories measured from the wedding date to the date the divorce petition is filed. These caps carry a rebuttable presumption, meaning a judge generally follows them but can deviate when the facts justify it.¹

Short-term marriage (under 10 years): durational alimony cannot exceed 50% of the marriage’s length. A seven-year marriage caps support at three and a half years.
Moderate-term marriage (10 to 20 years): the cap rises to 60%. A 15-year marriage allows a maximum of nine years.
Long-term marriage (20 years or more): the cap is 75%. A 24-year marriage could support up to 18 years of durational alimony.

A court can extend durational alimony beyond these caps only with clear and convincing evidence, a high legal standard. The statute allows extensions when the recipient’s age, employability, financial resources, or disability make self-support unrealistic, or when the recipient is caring for a disabled child of the marriage.³

How Much Alimony Costs: the 35% Cap

For durational alimony, the award cannot exceed the lesser of two figures: the recipient’s demonstrated reasonable need, or 35% of the difference between the parties’ net incomes. Net income uses the same formula applied for child support under Florida Statute 61.30, excluding any spousal support paid under the same case.¹

A simple example: if one spouse’s net income is $8,000 per month and the other’s is $3,000, the gap is $5,000. The maximum durational alimony is 35% of that gap, or $1,750 per month, even if the recipient can document a higher need.

When Alimony Can Be Changed or Ended

Alimony orders are not fixed in stone. Florida law provides several paths to modify or end an obligation after it is in place.

Substantial Change in Circumstances

Either spouse can petition the court to increase, decrease, or terminate durational or rehabilitative alimony by proving a substantial change in circumstances that was not anticipated when the original order was entered. Involuntary job loss, a serious illness, or a dramatic improvement in the recipient’s finances are common grounds. The court can make a modification retroactive to the date the petition was filed.² Bridge-the-gap alimony is the exception, as it cannot be modified in amount or duration once awarded.

Supportive Relationships

If the recipient moves in with a new partner and shares financial responsibilities, the paying spouse can ask the court to reduce or end alimony. Florida law calls this a “supportive relationship” with someone not related by blood or marriage. The court must make specific written findings that the relationship exists before changing the award, and the paying spouse carries the burden of proof.²

Retirement

The paying spouse can seek a reduction or termination upon reaching the normal retirement age defined by the Social Security Administration or the customary retirement age for their profession. The court looks at whether the payer has taken real, measurable steps toward retiring or has actually retired. Simply reaching the age is not enough on its own.²

Death and Remarriage

Alimony ends automatically when either the payer or the recipient dies, and it terminates when the recipient remarries. These are absolute triggers that do not require a court petition to take effect, though the payer should still file paperwork to formally close the obligation.

What Happens If Payments Stop

A court order means little without enforcement. The most direct option is a contempt proceeding. The original alimony order includes a finding about the payer’s ability to comply, and if the payer falls behind, that finding creates a legal presumption that the payer can still afford to pay. The burden shifts to the payer to prove otherwise. A judge can order someone found in contempt to seek employment, take part in job training, and report back periodically.⁴

When payments run through the state depository and the payer falls 15 or more days behind by an amount exceeding one periodic payment, the depository sends a notice. If the arrearage goes uncorrected, the unpaid amount automatically becomes a final judgment carrying the same force as any court judgment, including the ability to seize assets. Interest accrues on the judgment.⁴ When minor children are involved, alimony must be paid through the depository unless both parties agree otherwise. Without minor children, the court decides whether to route payments that way.

Taxes on Florida Alimony

For any divorce or separation agreement signed after 2018, alimony is not deductible by the payer and is not taxable income for the recipient. The Tax Cuts and Jobs Act eliminated the old deduction-and-inclusion rule, so the money moves between ex-spouses with no federal income tax consequences on either side.⁵

Agreements finalized on or before December 31, 2018, still follow the old rules: the payer deducts the payments and the recipient reports them as income. If an older agreement is modified after 2018, the old tax treatment continues unless the modification specifically states that the new rules apply.⁵ The difference matters when you negotiate. A $2,000 monthly payment under the old rules cost the payer less after the deduction; under the current rules, it is $2,000 out of pocket with no tax benefit.

1
Florida Senate. Florida Statutes 61.08 – Alimony
2
Online Sunshine. Florida Statutes 61.14 – Enforcement and Modification of Support, Maintenance, or Alimony Agreements or Orders
3
Online Sunshine. Florida Statutes 61.08 – Alimony
4
Florida Senate. Florida Statutes 61.14 – Enforcement and Modification of Support, Maintenance, or Alimony Agreements or Orders
5
Internal Revenue Service. Topic No. 452, Alimony and Separate Maintenance