Understanding Alimony and Spousal Support in Florida
Alimony can be one of the most complex and contested issues in divorce. At Cohen Blass Law, we guide you through Florida’s alimony laws—whether you’re seeking support or facing a request—with strategic advocacy, clear communication, and a focus on achieving fair outcomes that reflect your contributions and future needs.
Navigating Florida's Alimony Laws
Alimony (also called spousal support or maintenance) is financial support paid by one spouse to another during or after divorce. In Florida, alimony is not automatic—courts award it based on need and ability to pay, considering factors like marriage length, standard of living, and each spouse’s financial circumstances.
Florida law recognizes several types of alimony, each serving different purposes and lasting for different durations. Recent reforms in 2023 significantly changed Florida’s alimony landscape, eliminating permanent alimony for divorces filed after July 1, 2023, and creating new standards for all alimony awards.
At Cohen Blass Law, we help clients across Broward, Palm Beach, and Miami-Dade Counties understand their rights and obligations regarding spousal support. Whether you’re seeking alimony after years of supporting your spouse’s career, or defending against what you believe is an unfair request, we provide strategic guidance and strong advocacy to protect your financial future.
The Five Types of Alimony in Florida
Florida law recognizes five distinct types of alimony, each designed for different situations and life circumstances:
1. TEMPORARY ALIMONY (PENDENTE LITE):
Purpose: Provides financial support during the divorce process before the final judgment
Duration: Only until the divorce is finalized
How it works: Temporary alimony helps the lower-earning spouse maintain financial stability while the divorce is pending. It addresses immediate needs like housing, utilities, and basic living expenses during what can be a lengthy legal process.
Key points:
- Awarded based on need and ability to pay
- Not dependent on marriage length
- Ends automatically when the divorce is finalized
- Can be modified if circumstances change during the divorce
2. BRIDGE-THE-GAP ALIMONY:
Purpose: Helps transition from married to single life by addressing short-term, identifiable needs
Duration: Maximum of 2 years
How it works: Bridge-the-gap alimony assists the receiving spouse with legitimate, identifiable short-term needs such as securing housing, completing education or training, or establishing employment. It’s designed to help you “bridge the gap” to self-sufficiency.
Key points:
- Cannot exceed 2 years under any circumstances
- Terminates automatically if either party dies or the recipient remarries
- Cannot be modified in amount or duration (except for death/remarriage)
- Useful for short-term marriages or when one spouse needs brief support to become self-sufficient
Common uses:
- Down payment on new housing
- Career certification or training completion
- Time to secure stable employment
- Relocation expenses
3. REHABILITATIVE ALIMONY:
Purpose: Enables the receiving spouse to develop skills or credentials necessary for self-support
Duration: Based on a specific, defined rehabilitative plan
How it works: Rehabilitative alimony is the most common type in Florida. It requires a specific plan showing how the recipient will become self-supporting—such as completing a degree, obtaining certification, gaining work experience, or reestablishing a career after years out of the workforce.
Key points:
- Requires a detailed, written rehabilitative plan
- Duration tied to the plan’s completion timeline
- Can be modified if circumstances substantially change
- Terminates upon death of either party or remarriage of recipient
- Court may modify or terminate if plan is not followed with reasonable effort
Common rehabilitative plans:
- Completing an undergraduate or graduate degree
- Obtaining professional licenses or certifications
- Gaining work experience to reenter the workforce
- Developing skills for career advancement
Example: A spouse who left the workforce to raise children receives rehabilitative alimony for 3 years to complete a nursing degree and become self-supporting.
4. DURATIONAL ALIMONY:
Purpose: Provides economic assistance for a set period following short-term or moderate-term marriages
Duration: Cannot exceed the length of the marriage
How it works: Durational alimony provides support when permanent periodic alimony is inappropriate but the receiving spouse still needs financial assistance. It’s commonly awarded in moderate-length marriages where one spouse made career sacrifices but can eventually become self-supporting.
Key points:
- Cannot exceed the length of the marriage (e.g., 10-year marriage = maximum 10 years of durational alimony)
- Amount can be modified based on substantial change in circumstances
- Duration can only be modified under exceptional circumstances
- Terminates upon death of either party or remarriage of recipient
- Under 2023 reform, courts presume durational alimony is appropriate for marriages under 20 years
Marriage length guidelines:
- Short-term marriage (less than 10 years): May receive durational alimony up to 50% of marriage length
- Moderate-term marriage (10-20 years): May receive durational alimony up to 60% of marriage length
- Long-term marriage (20+ years): May receive durational alimony up to 75% of marriage length
5. PERMANENT ALIMONY (LIMITED AVAILABILITY):
Purpose: Provided ongoing support when a spouse cannot meet reasonable needs after divorce
Critical change: Permanent alimony was eliminated for divorces filed after July 1, 2023. However, it still exists for:
- Divorces filed before July 1, 2023
- Existing alimony agreements or orders established before that date
- Modifications of pre-existing permanent alimony awards
How it worked (for existing orders): Permanent alimony provided ongoing financial support, typically until the recipient’s death, remarriage, or substantial change in circumstances. It was most commonly awarded after long-term marriages where one spouse could not become self-supporting due to age, illness, disability, or lack of work history.
Key points for existing permanent alimony:
- Continues indefinitely unless modified or terminated
- Can be modified based on substantial change in circumstances
- Terminates upon death of either party or remarriage of recipient
- Under 2023 reform, may be subject to reduction or termination upon payor’s retirement.
The 2023 Florida Alimony Reform
In July 2023, Florida enacted significant alimony reforms that fundamentally changed spousal support law. Here’s what changed and what it means for your case:
PERMANENT ALIMONY ELIMINATED:
For divorces filed after July 1, 2023, permanent alimony is no longer available. Courts must now award one of the other four types based on marriage duration and circumstances.
NEW PRESUMPTIONS BASED ON MARRIAGE LENGTH:
- Short-term marriage (less than 10 years): Court may award durational alimony up to 50% of the marriage length
- Moderate-term marriage (10-20 years): Court may award durational alimony up to 60% of the marriage length
- Long-term marriage (20+ years): Court may award durational alimony up to 75% of the marriage length
RETIREMENT PROVISIONS:
The reform created clear guidelines for modifying or terminating alimony when the paying spouse reaches retirement age (defined as normal Social Security retirement age, or actual retirement age, whichever is later).
ADULTERY NO LONGER A FACTOR:
Unlike previous law, adultery is no longer considered when determining alimony awards or amounts.
:IMPACT ON EXISTING ORDERS
Importantly, existing permanent alimony orders are not automatically eliminated. However, payors with existing permanent alimony may petition for modification or termination based on the new law, particularly regarding retirement.
How Florida Judges Determine Alimony
Florida Statute 61.08 requires courts to consider multiple factors when determining whether to award alimony, what type, and how much:
THE 61.08 FACTORS:
- Standard of living during the marriage – The lifestyle both parties enjoyed
- Duration of the marriage – Length from date of marriage to filing for divorce
- Age and physical/emotional condition – Of both parties
- Financial resources of each party – Including marital and non-marital assets and liabilities
- Earning capacities, educational levels, and employability – Current and potential future earning ability
- Contribution to the marriage – Including homemaking, childcare, education, and career building of the other spouse
- Responsibilities for minor children – Impact on earning capacity and financial needs
- Tax treatment and consequences – Though post-2018 divorces have different federal tax treatment
- All sources of income – Including investments, rental properties, etc.
- Any other factor necessary – To ensure equity and justice
CALCULATING THE AMOUNT
While Florida doesn’t use a specific formula, courts generally:
- Calculate each spouse’s reasonable monthly needs and expenses
- Determine each spouse’s net monthly income
- Assess the disparity between incomes and needs
- Award alimony to help equalize standard of living when appropriatE
When Alimony Can Change
Alimony is not always set in stone. Florida law allows modification or termination under certain circumstances:
GROUNDS FOR MODIFICATION:
Courts may modify alimony based on:
Substantial change in circumstances:
- Significant income increase or decrease (either party)
- Job loss or involuntary unemployment
- Disability or serious illness
- Retirement (under new 2023 provisions)
- Remarriage or supportive relationship of recipient
What counts as “substantial”: Generally, a 15% or greater change in income or circumstances lasting at least 6 months.
GROUNDS FOR TERMINATION
Alimony automatically terminates upon:
- Death of either party
- Remarriage of the recipient
- Completion of the alimony term (for temporary, bridge-the-gap, or durational)
Alimony may be terminated or reduced upon:
- Supportive relationship (recipient cohabiting with a partner in marriage-like circumstances)
- Recipient’s self-sufficiency (particularly for rehabilitative alimony)
- Payor’s retirement at or after normal retirement age
SUPPORTIVE RELATIONSHIPS
Florida law allows reduction or termination of alimony if the recipient enters a “supportive relationship”—essentially living with a romantic partner in a marriage-like arrangement with financial interdependence. The court examines factors like:
- Duration of the relationship
- Shared expenses and property
- Joint purchases and financial support
- Holding themselves out as a couple
- Providing services and support to one another
How Cohen Blass Law Helps With Alimony
Whether you’re seeking alimony or facing a request, our team provides comprehensive guidance through every stage:
FOR THOSE SEEKING ALIMONY:
• Calculate your actual financial needs – We document your standard of living during the marriage and reasonable post-divorce needs
• Develop strong evidence – We gather documentation of your contributions to the marriage, career sacrifices, and current financial situation
• Create rehabilitative plans – When appropriate, we develop detailed, realistic plans for education or career development
• Advocate for fair duration and amounts – We present compelling arguments for appropriate alimony type, duration, and amount
• Protect your rights – We ensure courts consider all relevant factors in your favor
FOR THOSE FACING ALIMONY CLAIMS:
• Challenge excessive requests – We analyze the requesting spouse’s actual needs versus wants
• Demonstrate ability to pay – We present accurate financial pictures, including obligations and reasonable expenses
• Negotiate reasonable terms – We work to achieve settlements that are fair and sustainable
• Argue for shorter duration – We advocate for appropriate alimony types with reasonable time limits
• Explore alternatives – Sometimes lump-sum payments or increased property distribution can eliminate ongoing alimony
MODIFICATION & ENFORCEMENT:
• Modify existing orders – We help modify alimony when circumstances substantially change
• Enforce payment obligations – We pursue remedies when alimony isn’t paid, including contempt proceedings
• Address retirement issues – We navigate the new retirement provisions in Florida law
• Investigate supportive relationships – We gather evidence when recipients enter new relationships affecting alimony
Alimony vs. Child Support
Understanding the Difference
ALIMONY:
- Supports a former spouse
- Based on need and ability to pay
- Can be modified with substantial change in circumstances
- Terminates upon remarriage or death
- NOT tax deductible (for divorces after 2018)
- No enforcement through state agencies
CHILD SUPPORT:
- Supports children
- Calculated using state guidelines
- Both parents have obligation regardless of custody
- Continues until child reaches 18 (or 19 if in high school)
- NOT tax deductible
- Enforced through state child support agencies
Important: You can receive or pay both alimony and child support—they serve different purposes and have different legal standards.
Protect Your Financial Future
Florida doesn’t use a specific formula. Courts consider factors like marriage length, standard of living, each spouse’s income and earning capacity, contributions to the marriage, and financial need. Generally, courts assess the requesting spouse’s reasonable needs, the paying spouse’s ability to pay, and aim for a fair outcome that considers both parties’ circumstances.
Duration depends on the type of alimony awarded:
- Temporary: Until divorce is final
- Bridge-the-gap: Maximum 2 years
- Rehabilitative: Based on the rehabilitative plan’s timeline
- Durational: Cannot exceed the length of the marriage (with percentage caps based on marriage length)
- Permanent: No longer available for divorces filed after July 1, 2023
Yes, significantly. Florida categorizes marriages as:
- Short-term: Less than 10 years
- Moderate-term: 10-20 years
- Long-term: 20+ years
Marriage length affects both eligibility and duration caps for alimony awards, particularly under the 2023 reforms.
Yes. Having a job doesn’t automatically disqualify you from alimony. Courts consider whether there’s a significant income disparity, whether you sacrificed career advancement for family, and whether you can maintain a reasonable standard of living on your income alone.
Yes. Florida law automatically terminates alimony if the receiving spouse remarries. The paying spouse’s remarriage does not affect their obligation to pay. However, if the recipient enters a “supportive relationship” (essentially cohabiting in a marriage-like situation), alimony may be reduced or terminated.
For divorces finalized before December 31, 2018, alimony is tax deductible for the payor and taxable income for the recipient. For divorces finalized on or after January 1, 2019, alimony is NOT tax deductible for the payor and NOT taxable income for the recipient, due to changes in federal tax law.
Yes, in most cases. If there’s a substantial change in circumstances (generally 15% or more change in income or needs), you can petition the court to modify durational, rehabilitative, or permanent alimony. Bridge-the-gap alimony cannot be modified. The change must be involuntary, substantial, and long-term (typically at least 6 months).
Under Florida’s 2023 reforms, retirement can be grounds for modification or termination of alimony. The court considers factors like whether retirement is at or after normal retirement age, whether it’s voluntary or mandatory, financial impact on both parties, and health considerations. Even permanent alimony established before 2023 may be modifiable upon retirement.
Under the 2023 reforms, adultery is no longer a factor in determining alimony. Courts focus on financial need, ability to pay, and the statutory factors—not marital misconduct.
Yes. Spouses can negotiate and agree on alimony terms as part of their settlement agreement. Courts will typically approve reasonable agreements. However, you should have an attorney review any agreement to ensure it’s fair, legally enforceable, and protects your interests.
You can file a motion for contempt of court. If the court finds your ex in contempt, they may face penalties including fines, attorney’s fees, or even jail time. We can help you enforce your alimony order and pursue payment, including wage garnishment if necessary.
No. Florida alimony laws only apply to legally married couples who divorce. Unmarried couples, regardless of how long they lived together, cannot claim alimony. However, other legal remedies may exist depending on property ownership and financial agreements.