Florida Alimony Attorney | Spousal Support Under the 2023 Reform

Florida’s alimony law changed significantly on July 1, 2023. If you are looking for a Miami alimony attorney who understands the current law, you are in the right place.  At the Law Firm of Jeffrey Alan Aenlle, PLLC, we focus exclusively on Florida family law and represent clients on both sides of alimony disputes throughout Miami-Dade, Broward, and Palm Beach Counties.

There are many factors that Florida Family Court judges consider when ordering spousal support after a separation or divorce. This is one reason — among many — why proper legal representation is critical throughout the process. Our alimony services are designed to protect your financial security at every stage, from initial proceedings through post-judgment modification.

Spousal support may be granted as a lump sum or on an ongoing periodic basis. While it is commonly assumed that a spouse is considered dependent simply because he or she earns less than the other, income disparity is only one of many criteria Florida family courts examine when determining whether alimony should be granted — and if so, which type and for how long.

Important: Florida eliminated permanent alimony effective July 1, 2023. Under the alimony reform signed into law by Governor DeSantis (SB 1416), permanent alimony is no longer available for divorces filed on or after July 1, 2023. Florida courts may now award alimony only in the following forms: temporary, bridge-the-gap, rehabilitative, or durational. Fla. Stat. § 61.08.

Under Florida’s alimony laws, the following circumstances are reviewed when determining whether alimony is appropriate and in what amount:

• The needs of the requesting spouse and the ability of the other spouse to pay
• The duration of the marriage
• The age and physical and mental health of each party at the time of dissolution
• The standard of living established during the marriage
• The current financial resources of each party, including income, assets, and liabilities
• Each party’s earning capacity, education, employability, and time needed to re-enter the workforce
• The contributions of each spouse to the marriage, including homemaking and child-rearing
• The economic impact of adultery on either spouse
• Other relevant statutory factors under Fla. Stat. § 61.08

In Florida, there are four types of alimony currently available.

Bridge-the-Gap Alimony

A Miami alimony attorney can help you determine whether bridge-the-gap alimony fits your situation. Bridge-the-gap alimony is awarded to help a receiving spouse transition from married life to single life by addressing legitimate, identifiable short-term needs — such as near-term housing costs or living expenses. Key features include: payments may not exceed 2 years in duration; the award is not modifiable in amount or duration by either party; and it terminates automatically upon the death of either party or the remarriage of the receiving spouse. Fla. Stat. § 61.08.

Rehabilitative Alimony

Rehabilitative alimony is awarded when the receiving spouse needs to develop — or re-develop — the job skills, credentials, or education necessary to become self-supporting. For example, a spouse who left the workforce to raise children may need financial assistance to re-train, obtain updated certifications, or complete a degree program before re-entering the job market. A specific rehabilitative plan must be presented to the court at the time of the award.

Rehabilitative alimony may be modified or terminated based upon a substantial change in circumstances, noncompliance with the rehabilitative plan, or completion of the plan — including early completion. Under the 2023 reform, rehabilitative alimony is capped at 5 years. Fla. Stat. § 61.08.

Durational Alimony

Durational alimony provides economic assistance for a defined period of time and is the principal form of long-term support available under Florida’s current law. Following the 2023 reform, durational alimony is subject to strict statutory caps based on the length of the marriage:

• Short-term marriage (3–10 years): Maximum duration of 50% of the length of the marriage
• Moderate-term marriage (10–20 years): Maximum duration of 60% of the length of the marriage
• Long-term marriage (20+ years): Maximum duration of 75% of the length of the marriage
• Marriages under 3 years are not eligible for durational alimony

The amount of durational alimony may not exceed the lesser of the receiving spouse’s reasonable need or 35% of the difference between the parties’ net incomes. The amount is modifiable based upon a substantial change in circumstances; however, the duration may only be modified under exceptional circumstances. Durational alimony terminates upon the death of either party or the remarriage of the receiving spouse. Fla. Stat. § 61.08.

Temporary Alimony

Temporary alimony — also referred to as pendente lite support — may be awarded during the pendency of the divorce proceeding to cover immediate financial needs while the case is being resolved. It terminates automatically upon entry of the final judgment of dissolution. Fla. Stat. § 61.071.

What Happened to Permanent Alimony in Florida?

Prior to July 1, 2023, Florida courts could award permanent periodic alimony — most commonly in long-term marriages of 17 or more years. Permanent alimony had no fixed end date and continued until the death of either party, the remarriage of the receiving spouse, or a court order modifying or terminating support.

Permanent alimony is no longer available for any divorce petition filed on or after July 1, 2023. If your divorce was finalized before that date and you currently receive or pay permanent alimony, your existing award remains in effect — but may be subject to modification under the new law. Edman v. Edman, 407 So. 3d 452 (Fla. Dist. Ct. App. 2025).

Frequently Asked Questions: Florida Alimony

Is permanent alimony still available in Florida?

No. Permanent alimony was eliminated for all divorce petitions filed on or after July 1, 2023. Courts may now only award temporary, bridge-the-gap, rehabilitative, or durational alimony. Fla. Stat. § 61.08; Edman v. Edman, 407 So. 3d 452 (Fla. Dist. Ct. App. 2025).

How long will I have to pay alimony in Florida?

It depends on the type of alimony awarded and the length of your marriage. Durational alimony is capped at 50% of the marriage for marriages of 3–10 years, 60% for marriages of 10–20 years, and 75% for marriages of 20 or more years. Bridge-the-gap alimony cannot exceed 2 years. Rehabilitative alimony is capped at 5 years. Fla. Stat. § 61.08.

How is alimony calculated in Florida?

Florida courts first determine whether one spouse has a need for support and whether the other has the ability to pay. If both are established, the court weighs the statutory factors under Fla. Stat. § 61.08 — including the length of the marriage, each party’s income and earning capacity, and the standard of living during the marriage. For durational alimony, the amount cannot exceed 35% of the difference between the parties’ net incomes.

Can alimony be modified after a divorce in Florida?

Yes, for most types. Durational and rehabilitative alimony can be modified upon a showing of a substantial change in circumstances under Fla. Stat. § 61.14. Bridge-the-gap alimony, however, is not modifiable in amount or duration. When a modification is granted, Florida courts presume it is retroactive to the date the petition for modification was filed. Murphy v. Suarez, 374 So. 3d 822 (Fla. Dist. Ct. App. 2023).

Does adultery affect alimony in Florida?

Yes. Under Fla. Stat. § 61.08, courts may consider adultery and its economic impact on the other spouse when determining whether to award alimony and in what amount. If the affair caused financial harm — such as dissipation of marital assets — it can influence the type, amount, and duration of any award.

What happens to alimony when the paying spouse retires?

Under the 2023 reform, a paying spouse may petition for modification up to six months before a planned retirement. Courts apply a presumption that no alimony is owed once the paying spouse reaches full Social Security retirement age, unless the receiving spouse demonstrates exceptional circumstances justifying continued support. Fla. Stat. § 61.08.

Does the 2023 alimony reform apply to my existing divorce?

The amended law applies to all initial petitions filed on or after July 1, 2023. Existing alimony awards from divorces finalized before that date are not automatically affected. However, a payor may still petition to modify a pre-2023 permanent alimony award based on the new statutory provisions. An experienced Miami alimony attorney can advise whether modification is available in your specific situation.

The type of alimony best suited for your situation is determined by balancing one party’s needs against the other party’s financial ability to pay. Many times, support terms are agreed upon by the parties and incorporated into a Marital Settlement Agreement signed before the divorce is finalized.

If you have questions about alimony in Florida, whether you are seeking support, defending against an award, or looking to modify an existing obligation, our Miami alimony attorney is here to help. The Law Firm of Jeffrey Alan Aenlle, PLLC serves clients throughout Miami-Dade, Broward, and Palm Beach Counties, with offices in the heart of Brickell. Call +1.786.309.8588 to schedule your free initial consultation.