Key Changes at a Glance

  • Permanent alimony eliminated — no longer available for any marriage length
  • New durational caps: 50% of marriage length for marriages under 20 years
  • For marriages 20+ years, durational alimony up to 100% of marriage length
  • No presumption for equal income-sharing — court weighs specific factors
  • New cohabitation standard: supportive relationship presumptively reduces alimony
  • Applies to all new alimony orders — not retroactively to existing orders

Why Florida Reformed Its Alimony Law

Florida’s prior alimony law allowed courts to award permanent alimony in long marriages, creating situations where a paying spouse — sometimes well into retirement — remained obligated indefinitely. Critics argued the system discouraged remarriage, created perverse incentives, and left paying spouses with no certainty about their financial future. After years of legislative debate, Governor DeSantis signed the alimony reform bill in June 2023, effective July 1, 2023. §61.08, Fla. Stat.

The New Types of Alimony in Florida

1. Bridge-the-Gap Alimony

Short-term support for a spouse transitioning from married to single life. Maximum duration: 2 years. Cannot be modified in amount or duration once awarded. Terminates automatically upon death of either party or remarriage of the recipient.

2. Rehabilitative Alimony

Support designed to help a spouse develop skills or credentials to become self-supporting. Requires a specific, written rehabilitation plan as a condition of the award — vague plans will not support the award. Can be modified or terminated if the plan is not followed.

3. Durational Alimony

This is the primary form of alimony under the new law. Duration is capped as follows:

  • Short-term marriage (under 10 years): maximum 50% of the length of the marriage
  • Moderate-term marriage (10–20 years): maximum 60% of the length of the marriage
  • Long-term marriage (20+ years): maximum 75% of the length of the marriage

The amount of durational alimony cannot exceed 35% of the difference between the parties’ net incomes at the time of the final judgment.

Permanent alimony is gone. Courts can no longer award alimony without a defined end date, regardless of the length of the marriage. This is the most significant change for people in long marriages who expected permanent support.

What Courts Consider in Setting the Amount

Florida courts must consider all of the following factors when awarding alimony under the new law §61.08(2):

  • The standard of living established during the marriage
  • The duration of the marriage
  • The age and physical and emotional condition of each party
  • The financial resources of each party, including non-marital and marital assets and liabilities
  • The earning capacities, educational levels, vocational skills, and employability of each party
  • The contribution of each party to the marriage, including homemaking, child care, education, and career building of the other party
  • The responsibilities each party will have with regard to any minor children they have in common
  • Tax treatment and consequences to both parties of any alimony award
  • All sources of income available to either party

The New Cohabitation Standard

One of the most practically significant changes is the new cohabitation provision. Under the reformed law, if the alimony recipient enters into a “supportive relationship” — cohabitating with another person — there is now a rebuttable presumption that alimony should be reduced or terminated.

The factors courts consider in defining a “supportive relationship” include: whether the couple is holding themselves out as a married couple, the length of the relationship, the extent to which they share financial responsibilities, and whether they have purchased property together. This presumption significantly strengthens a paying spouse’s ability to seek modification based on cohabitation.

Does the New Law Apply to Existing Alimony Orders?

The 2023 reform does not automatically modify existing alimony orders — it applies to orders entered on or after July 1, 2023. However, if you have an existing alimony order and the other party remarries or enters a supportive relationship, or if there is a substantial change in circumstances, you can file a modification petition — and the new cohabitation standard will apply to that modification proceeding even for pre-2023 orders.

Implications for People Considering Divorce

  • If you expected permanent alimony as the supported spouse in a long marriage, you will receive a time-limited award under the new law. Plan your financial future accordingly.
  • If you are the paying spouse, the elimination of permanent alimony provides a defined end to your obligation. The new 35% income-difference cap also limits the amount.
  • Marital settlement agreements — negotiated agreements between spouses — can still provide for alimony arrangements the parties agree to, even if those arrangements differ from what a court would order. In uncontested divorces, the parties retain significant flexibility.

ⓘ This article provides general information about Florida’s 2023 alimony reform. Alimony is determined by a court based on specific facts and circumstances. This is not legal advice. Consult a Florida-licensed family law attorney about how the new rules apply to your specific situation.