If you are going through a divorce in Florida, one of the most important financial questions you will face is whether alimony will be part of your case. As of July 1, 2023, Florida eliminated permanent alimony entirely. Under Florida Statute § 61.08, courts may only award four types of alimony — temporary, bridge-the-gap, rehabilitative, and durational — each with certain conditions and limitations. At The Wheeler Firm, P.A., we help families in Okaloosa and Walton Counties understand how these rules apply.

Key Takeaways:

• Permanent alimony no longer exists in Florida: All alimony awards now have a defined end date based on the length of the marriage.
• Durational alimony is the primary long-term support option: It cannot exceed 50% of a short-term marriage, 60% of a moderate-term marriage, or 75% of a long-term marriage.
• There is a 35% income cap: The amount of durational alimony cannot exceed 35% of the difference between the parties’ net incomes.
• Marriage length categories shifted: Short-term is now under 10 years, moderate-term is 10 to 20 years, and long-term is over 20 years.

What Are the Four Types of Alimony Available in Florida?

Florida Statute Section 61.08 now limits alimony to four specific forms, each serving a distinct purpose:

• Temporary alimony: Provides support while the divorce is pending and terminates when the final judgment is entered.
• Bridge-the-gap alimony: Helps a spouse transition from married to single life. It cannot exceed two years and is not modifiable in amount or duration.
• Rehabilitative alimony: Supports a spouse in gaining education, training, or work experience to become self-supporting. It requires a specific, court-approved rehabilitation plan and cannot exceed five years.
• Durational alimony: Provides economic assistance for a set period tied to the length of the marriage. This is now the most common form of ongoing support and has replaced permanent alimony as the primary tool for longer marriages.

A court may award more than one type in the same case.

How Long Can Durational Alimony Last?

The duration of a durational alimony award depends on how the marriage is classified under the new framework. Florida Statute Section 61.08 establishes three categories:

• Short-term marriage (under 10 years): Durational alimony may not exceed 50% of the length of the marriage. A marriage lasting 8 years, for example, would cap durational alimony at 4 years.
• Moderate-term marriage (10 to 20 years): Durational alimony may not exceed 60% of the marriage length.
  Long-term marriage (over 20 years): Durational alimony may not exceed 75% of the marriage length.
• Durational alimony cannot be awarded at all for marriages lasting fewer than three years. Under exceptional circumstances, a court may extend the term beyond these caps, but only upon clear and convincing evidence after applying the statutory factors.

How Is the Amount of Alimony Calculated?

Under Florida Statute Section 61.08(8)(c), durational alimony cannot exceed the lesser of two amounts: the recipient’s reasonable need, or 35% of the difference between the parties’ net incomes. Net income is calculated using the same method as child support under Florida Statute Section 61.30.

Beyond these caps, the court evaluates statutory factors including the standard of living during the marriage, each party’s age and health, earning capacity, contributions to the marriage including homemaking and child care, and responsibilities for minor children.

Can Alimony Be Modified or Terminated After the Divorce?

Whether alimony can be modified depends on the type awarded:

• Bridge-the-gap: Not modifiable in amount or duration.
• Rehabilitative: May be modified or terminated for a substantial change in circumstances, noncompliance with the plan, or completion of the plan.
• Durational: May be modified if there is a substantial change in circumstances under Florida Statute Section 61.14. Durational alimony terminates automatically upon the death of either party or remarriage of the recipient. A court may also terminate or reduce alimony if the recipient enters a supportive relationship — a cohabitation arrangement providing financial support similar to marriage. Retirement at the standard Social Security retirement age may also serve as a basis for modification under Florida Statute § 61.14.

Contact The Wheeler Firm

At The Wheeler Firm, P.A., we guide clients in Okaloosa and Walton Counties through every aspect of alimony — whether you are seeking support, expecting to pay it, or need to modify an existing award. Contact us today at (850) 613-6923 to schedule a consultation. We serve families from our offices in Niceville and Santa Rosa Beach.