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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.

Florida divorce guide

By Aliette Hernandez Carolan, Esq.2 min read
Quick answer

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.

Recent Florida court decisions

Updated June 2026

Ehiabor v. EhiaborNEW

2026 WL 1676200 (Fla. 1st DCA June 10, 2026) · Florida First District Court of Appeal

Does a Florida judge have to explain a temporary alimony award in writing?

Florida's First District Court of Appeal confirmed that trial courts must make written findings of fact to support an award of temporary alimony under section 61.08, Florida Statutes, a requirement added by a 2023 amendment. The court reversed an alimony award because the trial judge made no findings explaining the amount or the recipient's need.

What this means for you

If you're negotiating or agreeing to a temporary alimony amount, know that in a contested case a judge is legally required to explain the reasoning in writing. A written marital settlement agreement documenting each spouse's income and need helps your case go smoothly.

Read the full opinion

Source: OSCA Office of Family Courts Case Law Update

Sheff v. Sheff

2026 WL 1579456 (Fla. 4th DCA 2026) · Florida Fourth District Court of Appeal

Who has to prove alimony is needed, the person asking for it or the person who'd have to pay it?

Florida's Fourth District Court of Appeal affirmed a trial court's denial of durational alimony, holding that the spouse requesting alimony bears the burden of proving both her own need and the other spouse's ability to pay. The wife had received over $1 million in equitable distribution and had imputed income, and she presented no evidence that the husband, whose job was ending, would have any future ability to pay. The court also declined to award nominal alimony, over a dissent arguing the marriage's length and the wife's financial need warranted a nominal award with jurisdiction reserved to revisit it later.

What this means for you

If you're seeking alimony in a Florida divorce, it's not enough to show you have a need. You also have to put in evidence of your spouse's ability to pay, including their likely future income, not just their income today. If your spouse's income is about to drop or end, address that head-on in your settlement negotiations or your case.

Read the full opinion

Source: OSCA Office of Family Courts Case Law Update

This is a general summary of a published Florida appellate court decision for informational purposes only. It is not legal advice, does not apply to any specific case, and does not create an attorney-client relationship.

Frequently asked questions

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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Florida residents only. Information, not legal advice.

Sources

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