Florida’s New Alimony Law (SB 1416): What Changed on July 1, 2023
Florida made major changes to its alimony laws with Senate Bill 1416 (2023). The bill was approved by Governor DeSantis on June 30, 2023, and took effect July 1, 2023.
Just as important, the law includes an applicability provision stating it applies to all initial petitions for dissolution of marriage (and certain support actions) that are pending or filed on or after July 1, 2023.
If you are going through a divorce (or preparing to file), here are the biggest alimony changes to know.
1) Permanent alimony is eliminated
Under SB 1416, Florida courts no longer have the option to award permanent (lifetime) alimony in new cases. The Florida Senate’s bill summary highlights this directly.
Instead, Florida law now focuses on a defined set of alimony types (more on that below).
2) Florida now recognizes four forms of alimony
Florida Statutes now identify alimony as temporary, bridge-the-gap, rehabilitative, or durational.
Temporary alimony
Temporary support can be requested while a divorce is pending, using Florida’s “alimony pendente lite” statute.
Bridge-the-gap alimony (max 2 years)
Bridge-the-gap alimony is meant to help a spouse transition from married life to single life, and it may not exceed 2 years.
Rehabilitative alimony (max 5 years)
Rehabilitative alimony is tied to a plan to help a spouse become self-supporting, and the statute caps its length at 5 years.
Durational alimony (rules and caps)
Durational alimony can provide economic assistance for a set period of time, but it comes with important limits, including:
- It may not be awarded after a marriage lasting less than 3 years.
- The maximum duration is tied to the length of the marriage (more below).
3) Marriage length categories changed (short, moderate, long)
For alimony purposes, Florida now uses these rebuttable presumptions:
- Short-term: less than 10 years
- Moderate-term: 10 to 20 years
- Long-term: 20 years or longer
The statute also clarifies that the “length of a marriage” is measured from the date of marriage to the date the divorce action is filed.
4) Durational alimony now has a defined time cap
The statute sets a maximum duration for durational alimony based on marriage length:
- Up to 50% of a short-term marriage
- Up to 60% of a moderate-term marriage
- Up to 75% of a long-term marriage
There is a limited “exceptional circumstances” path to extend durational alimony, but the rule starts with those caps.
5) There is now a durational alimony amount cap based on net income
The statute provides that the amount of durational alimony is the obligee’s reasonable need, or an amount not to exceed 35% of the difference between the parties’ net incomes, whichever is less.
This is one of the most practical changes because it gives courts (and families) a clearer financial boundary than Florida’s prior framework.
6) Adultery can be considered if it has an economic impact
Florida courts are now expressly authorized to consider the adultery of either spouse and any resulting economic impact when determining the amount of alimony, if any.
This does not mean adultery automatically controls alimony. It means the court may weigh it when it materially affected the finances.
Why this matters for your divorce
Even with new caps and formulas, alimony outcomes still depend heavily on facts, including need, ability to pay, and the statutory factors the court must evaluate. That is why two divorces that look similar on paper can still come out differently.
If you are negotiating a settlement, considering filing, or already in a case that was pending as of July 1, 2023, it is worth getting case-specific guidance on how SB 1416 affects strategy and expectations.
Talk to McNary Law
Navigating Florida’s new alimony framework can get complicated fast, especially when income, assets, or earning capacity are disputed.
Please call McNary Law at 941-345-1662 or send us a message to schedule a consultation. Many services can be handled remotely, and we serve clients across Hillsborough, Manatee, Pinellas, and Sarasota counties (with our office in Bradenton).
This article is general information, not legal advice. The right answer depends on your specific facts.