Who Qualifies for Alimony in Florida? (Post-2023 Reform)

Florida alimony law was rewritten in 2023. Senate Bill 1416, signed by Governor DeSantis in June 2023 and effective July 1, 2023, eliminated permanent alimony entirely and restructured the framework that governs which spouse qualifies for support, what type of alimony is available, and how long it can last.

A surprising amount of online information about Florida alimony predates these changes. Pages still describe permanent alimony as if it remains an option. They reference frameworks the legislature has replaced. The result is that many spouses contemplating divorce — on either side — walk in with assumptions that no longer match the law.

The Two-Step Test: Need and Ability to Pay

Florida alimony eligibility starts with a single question, and the answer to that question screens out a substantial portion of cases at the threshold. Under Florida Statute § 61.08, as amended by SB 1416, the court must first make two specific findings before any alimony can be awarded:

1. The Spouse Seeking Alimony Has an Actual Need

“Need” means the requesting spouse cannot meet their reasonable financial needs from their own income, assets, and earning capacity after the divorce. The analysis considers the standard of living established during the marriage as a benchmark — though not necessarily a guarantee — and looks at what the requesting spouse can realistically provide for themselves through employment, investment income, and equitable distribution.

A spouse who can self-support at a reasonable post-divorce standard of living through their own income, business interests, or assets distributed in the divorce typically does not establish need.

2. The Other Spouse Has the Ability to Pay

“Ability to pay” means the paying spouse has income beyond what is required to meet their own reasonable needs. The court evaluates the paying spouse’s net income after taxes, child support obligations, and reasonable living expenses — and asks what is left available to support the other spouse.

A spouse who genuinely lacks ability to pay cannot be ordered to pay alimony, regardless of the requesting spouse’s need.

The Burden of Proof

Section 61.08(2) places the burden of proving need and ability to pay on the spouse seeking alimony, by a preponderance of the evidence. Courts that previously approached alimony as a default in long marriages now apply the burden as the statute requires — the requesting spouse must prove the case affirmatively.

Both elements must exist. Need without ability to pay produces no alimony. Ability to pay without need produces no alimony.

The Marriage-Length Tiers

Once need and ability to pay are established, the marriage-length tier determines what types of alimony are available and what the maximum duration can be. Under § 61.08(4), as amended by SB 1416:

• Short-term marriage: Less than 10 years.
• Moderate-term marriage: 10 to 20 years.
• Long-term marriage: 20 years or more.

These are rebuttable presumptions — particular facts can move a marriage between tiers — but in most cases the calendar controls the categorization.

The tier matters in three ways. It determines (1) which types of alimony are available, (2) what the maximum duration can be for durational alimony, and (3) — practically — how strong the case for substantial alimony is in the first place. A short marriage that produced limited financial intertwining and limited career sacrifice generally produces less alimony than a long marriage where one spouse stayed out of the workforce.

The Four Remaining Types of Alimony

SB 1416 left four types of alimony in place. Permanent alimony is gone.

1. Temporary Alimony

Awarded during the divorce proceedings to maintain the parties’ status quo while the case is pending. Temporary alimony ends when the final judgment is entered. It is governed by § 61.071 and operates separately from the post-divorce alimony framework. Most cases involving disparate incomes include some form of temporary support.

2. Bridge-the-Gap Alimony

Designed to assist the requesting spouse with legitimate, identifiable short-term needs in transitioning from married to single life. Bridge-the-gap addresses concrete near-term expenses — a security deposit on a new apartment, the cost of moving, the purchase of a vehicle, the gap before the first paycheck at a new job.

Statutorily capped at two years. Cannot be modified in either amount or duration. Terminates on the death of either party or the remarriage of the receiving party.

Bridge-the-gap is generally easier to qualify for than the other forms — the standard is genuine need for transition, not a long-term inability to self-support — and is often awarded in shorter marriages where the larger forms of alimony do not apply.

3. Rehabilitative Alimony

Designed to support the requesting spouse while they redevelop the skills, education, or credentials needed to become self-supporting. Rehabilitative alimony requires a specific, defined rehabilitative plan — typically tied to a course of study, professional certification, or other documented path to enhanced earning capacity.

Statutorily capped at five years. Can be modified or terminated based on substantial change in circumstances, completion of the plan before the cap, or non-compliance with the plan.

Strong cases involve specific educational programs (an MBA, a nursing program, completion of a partially-finished degree), documented timelines, and realistic expected income upon completion. Weak cases involve vague aspirations to “get back into the workforce” without a defined plan.

4. Durational Alimony

Designed to provide economic assistance for a defined period after a marriage of any length except the shortest. Durational alimony is the form that has changed most under SB 1416 — it is now the primary alternative to permanent alimony.

Eligibility limit: Durational alimony cannot be awarded for marriages of less than 3 years. Below the 3-year threshold, only bridge-the-gap, rehabilitative, or temporary alimony is available.

Duration cap: Under § 61.08(8), the length of durational alimony cannot exceed:

• 50% of the length of a short-term marriage (less than 10 years).
• 60% of the length of a moderate-term marriage (10–20 years).
• 75% of the length of a long-term marriage (20+ years).

For example, a 15-year marriage produces a maximum durational alimony period of 9 years (60% of 15). A 25-year marriage produces a maximum of approximately 18 years and 9 months. The statute caps the maximum — courts may award shorter periods based on the specific facts.

Amount cap: Under § 61.08(8), the amount of durational alimony cannot exceed the lesser of (a) the obligee’s reasonable need or (b) 35% of the difference between the parties’ net incomes.

Modification of duration is permitted only “under exceptional circumstances,” and the duration can never exceed the length of the marriage.

What Permanent Alimony Used to Be — and Why Knowing Helps

For decades, Florida courts could award permanent alimony in long-term marriages where the requesting spouse demonstrated a permanent inability to become self-supporting. Permanent alimony continued indefinitely, terminating only on the death of either party, the remarriage of the receiving party, or proof of a supportive relationship.

SB 1416 eliminated this option for divorces filed on or after July 1, 2023. The legislature’s stated rationale was predictability — payors would know with relative certainty what their maximum exposure was, and recipients would have clearer expectations about the duration of support.

The practical impact: spouses in long-term marriages who would once have received indefinite support now receive durational alimony capped at 75% of marriage length. A spouse in a 30-year marriage who under the old framework could expect lifetime support now receives a maximum of approximately 22.5 years.

There are limited exceptions. Section 61.08(8) preserves the court’s authority to award alimony beyond the durational caps “under exceptional circumstances” — for example, where one spouse has become disabled during the marriage and is genuinely unable to support themselves. The exception is narrow and the burden falls on the spouse seeking the extended award.

For divorces filed before July 1, 2023, prior orders of permanent alimony generally remain in effect under their existing terms — though SB 1416 also expanded the grounds for modification of existing alimony orders.

The Statutory Factors Under § 61.08(3)

Once need and ability to pay are established, § 61.08(3) lists the factors the court must consider in determining the type and amount of alimony:

• The standard of living established during the marriage and the anticipated needs and necessities of life for each party after the divorce.
• The duration of the marriage.
• The age, physical, and emotional condition of each party, including any chronic illness or disability.
• The resources of each party, including non-marital and marital assets and liabilities distributed to each.
• The earning capacities, educational levels, vocational skills, and employability of the parties — and where applicable, the time and cost necessary for the requesting spouse to acquire sufficient education or training to find appropriate employment.
• The contribution of each party to the marriage, including services rendered in homemaking, child care, education, and career building of the other party.
• The responsibilities each party will have with regard to any minor children they have in common.
• The tax treatment and consequences of any alimony award.
• All sources of income available to either party, including investment income.
• Any other factor necessary to do equity and justice.

The court is required to make written findings on these factors. Section 61.08(2) directs that the court make specific written findings.

Adultery as a Factor

Under § 61.08(1), as amended by SB 1416, the court “may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.” Two important nuances:

• Adultery alone does not qualify or disqualify a spouse from alimony. Florida is a no-fault divorce state.
• The relevance is the economic impact — for example, where the offending spouse spent significant marital assets on a paramour. Pure moral judgment does not move the analysis.

What Disqualifies a Spouse From Alimony

Several common situations prevent or terminate alimony eligibility under Florida law:

Lack of Need

A spouse who can self-support at a reasonable post-divorce standard of living from their own income, assets, and earning capacity does not qualify regardless of marriage length. Receipt of substantial assets through equitable distribution can reduce or eliminate need.

Other Spouse’s Lack of Ability to Pay

Where the paying spouse genuinely cannot afford to pay alimony after meeting their own reasonable needs and any child support obligations, no alimony can be ordered.

Marriage Less Than 3 Years (for Durational)

Section 61.08(8) prohibits durational alimony for marriages of less than 3 years. Bridge-the-gap or rehabilitative alimony may still be available in short marriages where the criteria are met.

Remarriage

Receipt of bridge-the-gap, rehabilitative, or durational alimony terminates upon the remarriage of the receiving party.

Supportive Relationship

Under § 61.14, a paying spouse can move to reduce or terminate alimony based on the receiving spouse’s “supportive relationship” with another person. The 2023 reform clarified the framework: the paying spouse bears the initial burden of proving that a supportive relationship exists; once proven, the burden shifts to the receiving spouse to prove the alimony should not be reduced or terminated.

The court considers factors like shared expenses, the duration of the relationship, the financial interdependence of the couple, and whether they hold themselves out as a married couple. Cohabitation alone does not always meet the standard, but financial intertwining, shared housing, and visible commitment increasingly do.

Retirement of the Paying Spouse

SB 1416 codified the framework for alimony modification at retirement. A paying spouse can apply to modify or terminate alimony beginning 6 months before their planned retirement. The court considers the paying spouse’s age, health, the customary retirement age for their profession, and whether the retirement is voluntary and reasonable. “Normal retirement age” is defined as the age established by the Social Security Administration or the customary retirement age for the paying spouse’s profession.

Death

Alimony obligations generally terminate on the death of either party. Section 61.08 authorizes the court to require the paying spouse to maintain life insurance to secure the alimony award where appropriate, with specific findings required.

Strong Cases for Each Side

When Alimony Is Likely

Cases that produce meaningful alimony awards generally share several features:

• Long or moderate marriage (10+ years) with significant lifestyle established.
• Significant income disparity between the parties.
• One spouse out of the workforce for a substantial period, particularly to raise children or support the other spouse’s career.
• Limited earning capacity for the requesting spouse due to age, health, or skills gap.
• No supportive new relationship for the requesting spouse.
• Adequate income for the paying spouse to support both households at a reasonable level.

When Alimony Is Unlikely

Cases that typically do not produce alimony — or produce only minimal amounts — share opposite features:

• Short marriage (under 10 years) where careers were not significantly intertwined.
• Comparable incomes between the spouses.
• Both spouses employed and self-supporting, or capable of being so.
• Younger spouses with substantial career runway ahead.
• Adequate equitable distribution that meets the requesting spouse’s needs.
• The requesting spouse’s supportive relationship with a new partner.
• Limited ability to pay for the prospective payor.

Practical Considerations

Document Your Need (or the Other Side’s Lack of It) Carefully

The financial affidavit is the foundation of the alimony case. Florida Family Law Form 12.902(c) (long form, required for parties with gross income above the threshold) requires detailed reporting of income, expenses, assets, and liabilities. Inflated expenses, undisclosed income, or missing assets damage credibility and undermine the case.

Retain a Forensic Accountant if the Finances Are Complex

In high-asset cases, business valuation, income tracing, and lifestyle analysis often require forensic accounting expertise. Attempting to litigate complex financial issues without expert support typically produces worse outcomes — for either side.

Consider Tax Treatment

For divorces finalized after December 31, 2018, alimony is no longer deductible by the paying spouse and not includible in income for the receiving spouse under federal tax law. This was a significant change from prior law and shapes settlement negotiations meaningfully.

Don’t Ignore Modification

Awards can be modified under § 61.14 based on substantial change in circumstances — retirement, supportive relationships, significant income changes, disability. The award you receive (or pay) is not necessarily the award that will continue indefinitely.

Frequently Asked Questions

Who qualifies for alimony in Florida?

A spouse qualifies for alimony if they prove (1) actual need they cannot meet from their own resources and (2) the other spouse’s ability to pay. Marriage length determines what types of alimony are available — durational alimony requires at least 3 years of marriage. Bridge-the-gap and rehabilitative alimony can apply in shorter marriages.

What disqualifies you from alimony in Florida?

The most common disqualifiers: lack of need (you can self-support adequately), lack of ability to pay by the other spouse, marriage of less than 3 years for durational alimony, remarriage of the receiving spouse, or a supportive relationship as defined by § 61.14. Adultery alone does not disqualify but can affect the amount when it had economic impact.

Is permanent alimony still available in Florida?

No. SB 1416 eliminated permanent alimony for divorces filed on or after July 1, 2023. The longest-duration alimony now available is durational alimony, capped at 75% of marriage length for long-term marriages (20+ years), with limited exceptions for “exceptional circumstances” such as a disability that arose during the marriage.

How long does alimony last in Florida?

Bridge-the-gap is capped at 2 years. Rehabilitative is capped at 5 years. Durational is capped at 50% of marriage length for short-term, 60% for moderate-term, and 75% for long-term marriages. These are maximums — courts can award shorter periods based on the specific facts.

How hard is it to get alimony in Florida?

Harder than it used to be. The 2023 reform increased the burden on the spouse seeking support, codified specific evidentiary requirements, and removed the option of permanent alimony. Cases that used to result in indefinite support now produce time-limited awards. Cases involving short marriages or where need cannot be clearly demonstrated frequently produce no alimony at all.

Can my spouse get alimony if they work?

Yes. Working does not disqualify a spouse from alimony. The question is whether their income, combined with their assets and earning capacity, meets their reasonable needs. A working spouse with substantially lower income than the other spouse, particularly after a long marriage, may still demonstrate need.

What about modifying an existing permanent alimony order?

Permanent alimony orders entered before July 1, 2023, generally remain enforceable under their existing terms. SB 1416 expanded grounds for modification — particularly around retirement and supportive relationships — but it did not retroactively eliminate existing awards. The original order is still good law for those cases, subject to modification under the standards of § 61.14.

How is alimony different from child support?

Alimony is paid to the other spouse; child support is paid for the benefit of the children. Alimony is calculated under § 61.08; child support is calculated under § 61.30 using the Florida Child Support Guidelines. The two are separate determinations, though the existence of one affects the financial picture used to assess the other.

Talk to Nest Law About Your Florida Alimony Case

Florida alimony cases under the post-2023 framework reward preparation, accurate financial disclosure, and a clear understanding of which type of alimony fits the facts. The cases that produce predictable, durable outcomes — for either side — are the ones built on careful evidence and accurate framing of need, ability to pay, and the marriage-length tier.

At Nest Law, our Miami alimony attorneys handle divorces involving alimony across Miami-Dade and Broward County, including high-net-worth divorces with complex compensation structures, business interests, and significant assets. We coordinate alimony, equitable distribution, and child support analysis so that the financial picture works as a whole.

Schedule a confidential case evaluation to discuss your case.

This blog post is for informational purposes only and should not be considered legal advice. Florida family law is highly fact-specific and the application of § 61.08, SB 1416, and the related framework varies by circuit, judge, and the specific facts of each case. For guidance on your situation, consult a qualified Florida family law attorney.