Few divorce topics generate more anxiety or more outdated information than alimony. Florida’s alimony statute was significantly amended in 2023, and much of what you will read online describes a law that no longer exists. Here is what section 61.08, Florida Statutes, provides today.
The four types of alimony
Under section 61.08(1)(a), a Florida court may grant alimony in the form of temporary, bridge-the-gap, rehabilitative, or durational alimony, and may order periodic or lump sum payments. Permanent alimony is not among the forms the current statute authorizes.
Bridge-the-gap alimony helps a spouse transition from married to single life by covering legitimate, identifiable short-term needs. Under section 61.08(6), it may not exceed 2 years, is not modifiable in amount or duration, and ends upon the death of either party or the recipient’s remarriage.
Rehabilitative alimony supports a spouse in becoming self-supporting by redeveloping prior skills or credentials or by acquiring new education, training, or work experience. Under section 61.08(7), the award requires a specific, defined rehabilitative plan and may not exceed 5 years.
Durational alimony provides economic assistance for a set period. Under section 61.08(8), it is not available after a marriage lasting less than 3 years, and its length may not exceed 50 percent of the length of a short-term marriage, 60 percent of a moderate-term marriage, or 75 percent of a long-term marriage, except under exceptional circumstances proven by clear and convincing evidence.
Temporary alimony may be awarded while the case is pending.
How marriage length is measured
Section 61.08(5) creates a rebuttable presumption that a short-term marriage lasted less than 10 years, a moderate-term marriage between 10 and 20 years, and a long-term marriage 20 years or longer. The length of the marriage runs from the date of marriage to the date the dissolution action is filed.
How the amount of durational alimony is capped
Under section 61.08(8)(c), durational alimony is the lesser of the recipient’s reasonable need or 35 percent of the difference between the parties’ net incomes. And under section 61.08(9), an award may not leave the paying spouse with significantly less net income than the recipient absent written findings of exceptional circumstances.
Does adultery matter?
Under section 61.08(1)(a), the court may consider the adultery of either spouse and any resulting economic impact in determining the amount of alimony, if any.
FAQ
Does Florida still have permanent alimony?
The current statute authorizes temporary, bridge-the-gap, rehabilitative, and durational alimony. Permanent alimony is not among them. Older awards and agreements raise separate questions worth discussing with an attorney.
How long does alimony last in Florida?
It depends on the type: bridge-the-gap is capped at 2 years, rehabilitative at 5 years, and durational alimony is capped by percentages of the length of the marriage as described above.
Can alimony be changed later?
Some forms can be modified based on a substantial change in circumstances under section 61.14; bridge-the-gap alimony cannot be modified in amount or duration. The rules differ by type, which is exactly why individualized advice matters.
If alimony is part of your divorce, make decisions based on the law as it exists now, not as it existed years ago. The family law attorneys at McNary Law advise clients throughout Manatee, Sarasota, Hillsborough, and Pinellas counties. Call (941) 345-1662 or schedule a consult.
This article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship.