Searching for permanent alimony in Florida can lead to an outdated answer. Beginning July 1, 2023, Florida removed that form of support for most new divorce cases, but the reform didn’t erase awards already in place.
Whether you’re preparing to file for divorce, receiving support under an older judgment, or paying support, start with the filing date and terms of the specific case.
What Ended in 2023 & What Didn’t
Permanent support is no longer available in initial dissolution petitions that were pending or filed on or after July 1, 2023. Florida law now provides for temporary, bridge-the-gap, rehabilitative, and durational support when the applicable requirements are met.
The 2023 reform wasn’t retroactive. If a final judgment awarded permanent support before the law changed, that obligation remains enforceable unless a court modifies or terminates it under the applicable legal standard. Neither spouse should treat the reform itself as permission to stop, reduce, or disregard payments.
For a pending or future divorce, the filing date is a key first question. For an existing order, the controlling documents are the final judgment, any later modification orders, and the facts supporting a request for change.
How Courts Decide Whether Alimony Is Appropriate
Before selecting a form of alimony, a court must make specific factual findings about the requesting spouse’s actual need and the other spouse’s ability to pay. Support isn’t automatic after a divorce, even following a long marriage or when one spouse earned more.
Florida law directs courts to evaluate the financial and personal circumstances behind those two threshold questions. Useful financial preparation starts with complete, current information about both households:
- Income from employment, self-employment, investments, and other sources.
- Monthly expenses, debts, assets, and available financial resources.
- Education, work history, health, age, and earning capacity.
- The marital standard of living and each spouse’s contributions to the marriage.
The length of the marriage also affects the analysis. Florida measures it from the marriage date through the date the dissolution action is filed. The law creates rebuttable presumptions that marriages under 10 years are short-term, marriages from 10 to 20 years are moderate-term, and marriages of 20 years or more are long-term.
Current Forms of Alimony
Current Florida law uses forms of support with a defined purpose or duration. The appropriate form depends on the financial evidence, the length of the marriage, and the court’s findings.
Temporary Alimony
This support addresses financial needs while a divorce case is pending. It doesn’t establish the final terms of support after the divorce is complete.
Bridge-the-Gap Alimony
This form addresses legitimate, identifiable short-term needs during the transition from married to single life. It can’t last more than two years, ends if either party dies or the recipient remarries, and can’t be modified in amount or duration.
Rehabilitative Alimony
This support allows a spouse to develop the capacity for self-support, such as by completing defined education or job training. It requires a specific rehabilitative plan and can’t exceed five years. A court may modify or terminate it if circumstances substantially change, the plan is completed, or the recipient doesn’t follow the plan.
Durational Alimony
This form provides economic assistance for a set period after the marriage ends. It’s unavailable for a marriage lasting less than three years. Its maximum duration is 50% of a short-term marriage, 60% of a moderate-term marriage, or 75% of a long-term marriage.
Limits on the Amount & Duration
For many new cases, durational support has the greatest effect on long-term planning. Its amount can’t exceed the lesser of the recipient’s reasonable need or 35% of the difference between the parties’ net incomes.
For this calculation, net income is determined under Florida’s child support income provisions and excludes alimony already paid between the spouses under the order. The court also generally may not leave the paying spouse with significantly less net income than the recipient unless it makes written findings of exceptional circumstances.
These caps don’t replace a full financial analysis. Cases involving a business owner, variable compensation, investments, or a professional practice often require close review of account records, valuation materials, income documentation, and recurring expenses before the parties negotiate support.
When an Existing Alimony Order May Change
An existing order, including one entered before July 2023, doesn’t change on its own. Section 61.14 of the Florida Statutes allows either spouse to petition to increase, decrease, or terminate alimony based on a substantial change from the circumstances underlying the current order.
Retirement can support a request for modification. The court considers whether the retirement is reasonable and in good faith, along with the paying spouse’s age, health, and retirement circumstances. Reaching retirement age alone doesn’t automatically end support.
A supportive relationship may also affect an award. If the court makes the required written findings that a recipient has a supportive relationship with an unrelated person, it must reduce or terminate alimony. A formal remarriage or conjugal relationship isn’t required, but the evidence and statutory factors still matter.
Remarriage, retirement, changed income, or a new living arrangement should prompt a review of the order, not a unilateral decision. Until the court enters a new order, the existing payment obligation remains in force.
Preparing for an Alimony Question in South Florida
A productive review begins with documents showing which legal framework applies and what the financial picture currently reveals. Gather materials that establish both the history of the order and the current circumstances:
- The divorce petition date, final judgment, marital settlement agreement, and later court orders.
- Recent pay records, tax returns, financial affidavits, and evidence of recurring expenses.
- Records supporting a claimed change, such as retirement information, employment changes, or evidence related to a supportive relationship.
- Business, investment, debt, or property records when those assets affect income or need.
We represent spouses seeking support and spouses responding to alimony claims in negotiation, mediation, and litigation. We review income, assets, debts, and financial disclosures, with added attention to valuation and account documentation when businesses, investments, or professional practices are involved.
In a post-judgment case, the wording of the original judgment is as important as the changed facts. We also handle modification and enforcement actions for families in Miami-Dade, Broward, Monroe, and Palm Beach counties, where local scheduling and mediation procedures can affect how a case proceeds.
Start with the Order & Filing Date
The 2023 reform didn’t create one rule for every divorced couple in Florida. Courts evaluate new cases under the current forms and caps, while an older award remains effective unless a court changes it through the required process.
Orshan, Spann & Fernandez-Mesa reviews initial support questions and existing orders through our Alimony/Spousal Support practice, including negotiation, modification, enforcement, and litigation when needed. To discuss the documents and financial information relevant to your situation, call our team at (305) 853-9161.