Florida alimony in 2026: types, duration, and the 2023 reform

How Florida classifies marriage length, the surviving forms of alimony after the 2023 reform, and how courts decide need and ability to pay.

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Por Aliette Hernandez Carolan, Esq.2 min de lectura
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Florida recognizes three forms of alimony today: bridge-the-gap, rehabilitative, and durational. Permanent alimony was eliminated by Florida's 2023 reform (SB 1416). Courts award alimony only when one spouse has a demonstrated need and the other has the ability to pay, and durational alimony length is capped relative to marriage length.

  • Permanent alimony eliminated in 2023
  • Bridge-the-gap, rehabilitative, durational survive
  • Need + ability to pay required
  • Duration capped by marriage length

Marriage length categories

Florida classifies marriages by length, and the category affects what alimony is available and for how long.

  • Short-term marriage, less than 10 years
  • Moderate-term marriage, 10 years up to 20 years
  • Long-term marriage, 20 years or more

The four (now three) forms of alimony

After the 2023 reform, three forms of alimony remain available in Florida.

  • Bridge-the-gap alimony, short-term assistance to transition from married to single life. Capped at 2 years. Cannot be modified
  • Rehabilitative alimony, supports a specific plan to acquire education, training, or work experience. Requires a written plan. Capped at 5 years
  • Durational alimony, fixed-duration support for any marriage length. Length capped at 50% of short-term, 60% of moderate-term, and 75% of long-term marriages (in years)

Need and ability to pay

Florida courts must make two threshold findings before awarding any alimony: that the requesting spouse has an actual need for support, and that the other spouse has the ability to pay. Both findings are required; one without the other defeats the request.

Factors courts weigh

Florida Statute 61.08 lists the factors courts weigh when determining the type and amount of alimony, including the standard of living established during the marriage, the duration of the marriage, the age and physical and emotional condition of each spouse, the financial resources of each spouse, and contributions to the marriage including childcare and homemaking.

Preguntas frecuentes

Is permanent alimony still available in Florida?
No. Florida's 2023 reform (SB 1416) eliminated permanent alimony for all cases filed on or after July 1, 2023. Existing permanent alimony awards remain in effect.
Can spouses agree to no alimony?
Yes. In an uncontested Florida divorce, both spouses can agree that neither will pay alimony and include that waiver in the marital settlement agreement. The court will typically honor the agreement.
How does retirement affect alimony?
The 2023 reform created a presumption that a paying spouse who reaches normal retirement age may seek to reduce or terminate durational alimony. The court considers age, health, and the recipient's circumstances before modifying.
Is alimony taxable in Florida?
For divorces finalized after December 31, 2018, federal law treats alimony as neither deductible by the payer nor taxable to the recipient. Florida has no state income tax.

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The Quick Divorce es un servicio de preparación de documentos de autoayuda para residentes de Florida, fundado y diseñado por Aliette Hernandez Carolan, Esq., abogada de derecho de familia con licencia en Florida. No es un bufete de abogados y no brinda asesoría legal. Esto es información general únicamente.