Durational Alimony in Florida 2026: Complete Guide to Limits, Calculations, and Post-Reform Rules

If you are going through a divorce in Florida and wondering how long you might pay or receive alimony, durational alimony is likely the type you will encounter most often. Since the 2023 alimony reform eliminated permanent alimony, durational alimony in Florida has become the primary form of spousal support for marriages of moderate to long length.

In my experience handling these cases throughout Florida, the 2023 reforms fundamentally changed how courts approach alimony awards. Understanding these changes is essential whether you are the spouse who might be paying support or the one who may be receiving it. This guide breaks down everything you need to know about durational alimony in 2026.

What Is Durational Alimony Under Florida Law?

Durational alimony is a form of spousal support designed to provide economic assistance to a former spouse for a set period of time following a divorce. Unlike the now-eliminated permanent alimony, durational alimony has defined time limits based on the length of your marriage.

Under Florida Statute 61.08, durational alimony may be awarded when periodic support is needed following a dissolution of marriage. The key distinction from other alimony types is that it provides ongoing payments for a specific duration rather than a lump sum (bridge-the-gap) or support tied to education (rehabilitative).

The 2023 Florida alimony reform, codified under SB 1416, made durational alimony the go-to option for most divorcing couples. Before this reform, permanent alimony was available for longer marriages. Now, durational alimony fills that role with specific time caps.

How the 2023 Alimony Reform Changed Durational Alimony

The changes that took effect on July 1, 2023 were significant. Here is what changed:

Permanent Alimony Was Eliminated

Florida completely eliminated permanent alimony for all divorces filed after the reform date. This means durational alimony is now the longest-term support option available, making it far more common in divorce proceedings.

New Time Caps Were Established

The reform created strict time limits for how long alimony can last based on marriage length:

• Short-term marriages (less than 10 years): Durational alimony cannot exceed 50 percent of the length of the marriage
• Moderate-term marriages (10 to 20 years): Cannot exceed 60 percent of the marriage length
• Long-term marriages (20 years or more): Cannot exceed 75 percent of the marriage length

For example, if you were married for 15 years (a moderate-term marriage), the maximum duration of alimony would be 9 years (60 percent of 15 years).

Income Cap Was Added

Under the reformed statute, the reasonable needs of the receiving spouse are presumed not to exceed 35 percent of the difference between the parties' net incomes. This creates a practical ceiling on alimony amounts in most cases.

Retirement Considerations Changed

The reform allows the paying spouse to seek modification or termination of alimony upon reaching normal retirement age as defined by the Social Security Administration. This provides more predictability for financial planning.

Duration Limits: How Long Will You Pay or Receive?

Understanding the duration limits is crucial for planning your post-divorce finances. Let me break down the calculation for each marriage category.

Short-Term Marriages (Under 10 Years)

For marriages lasting less than 10 years, durational alimony cannot exceed 50 percent of the marriage length.

Calculation examples:

• 4-year marriage: Maximum 2 years of alimony
• 6-year marriage: Maximum 3 years of alimony
• 8-year marriage: Maximum 4 years of alimony

In my experience working with clients in Broward and Miami-Dade counties, short-term marriage alimony awards are less common and typically reserved for situations with clear economic disparity.

Moderate-Term Marriages (10 to 20 Years)

For marriages between 10 and 20 years, the cap increases to 60 percent of the marriage duration.

Calculation examples:

• 12-year marriage: Maximum 7.2 years of alimony
• 15-year marriage: Maximum 9 years of alimony
• 18-year marriage: Maximum 10.8 years of alimony

Moderate-term marriages represent a significant portion of my caseload. These situations often involve one spouse who reduced career advancement to support the family, creating legitimate need for transitional support.

Long-Term Marriages (20 Years or More)

For marriages of 20 years or longer, durational alimony can last up to 75 percent of the marriage length.

Calculation examples:

• 22-year marriage: Maximum 16.5 years of alimony
• 25-year marriage: Maximum 18.75 years of alimony
• 30-year marriage: Maximum 22.5 years of alimony

While 75 percent might seem like a long time, remember that permanent alimony (which lasted until death or remarriage) is no longer available. For someone divorcing after a 30-year marriage at age 55, a 22-year maximum still means support would end around age 77.

How Courts Calculate Durational Alimony Amounts

The duration is only half the equation. Courts must also determine how much alimony will be paid each month. Florida Statute 61.08 requires courts to consider numerous factors.

The 35 Percent Presumption

The 2023 reform created a rebuttable presumption that a receiving spouse's reasonable needs do not exceed 35 percent of the difference between the parties' net incomes.

Here is how this works in practice:

If the higher-earning spouse has a net monthly income of $10,000 and the lower-earning spouse has a net monthly income of $3,000, the difference is $7,000. The presumed maximum alimony would be $2,450 per month (35 percent of $7,000).

This presumption can be overcome with evidence, but it provides a starting framework for negotiations and court decisions.

Factors Courts Consider

Beyond the mathematical calculation, courts analyze multiple factors under F.S. 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
• The earning capacities, educational levels, vocational skills, and employability of the parties
• The contribution of each party to the marriage
• The responsibilities each party will have for minor children
• The tax treatment and consequences of any alimony award
• All sources of income available to either party
• Any other factor necessary for equity and justice between the parties

How Need and Ability Are Evaluated

Courts conduct a two-part analysis. First, does the requesting spouse have a legitimate need for support? Second, does the other spouse have the ability to pay?

Need is evaluated by comparing the requesting spouse's income and assets against their reasonable monthly expenses. If there is a shortfall, need may be established.

Ability to pay looks at whether the paying spouse can meet their own reasonable needs while also providing support. Courts will not impoverish one spouse to support another.

Durational Alimony vs Other Alimony Types in 2026

Florida law currently recognizes four types of alimony. Understanding how durational alimony compares helps determine what might apply to your situation.

Bridge-the-Gap Alimony

This is short-term support designed to help a spouse transition from married to single life. It cannot exceed 2 years and cannot be modified. Bridge-the-gap is often used for immediate transitional needs like finding housing or a new job.

Rehabilitative Alimony

This type supports a spouse in acquiring education or training to become self-supporting. It requires a specific rehabilitative plan and is typically used when one spouse needs to complete a degree or certification.

Durational Alimony

As discussed throughout this article, durational alimony provides economic assistance for a set period when periodic support is needed but permanent support is not appropriate (and is no longer available).

Permanent Alimony

No longer available for divorces filed after July 1, 2023. For existing permanent alimony orders, modifications may be possible under certain circumstances.

For more detailed information on all alimony types, see our comprehensive Florida Alimony Guide.

Can Durational Alimony Be Modified?

Yes, but with limitations. Under Florida law, durational alimony may be modified in amount but not in duration except under exceptional circumstances.

Modifying the Amount

Either party can petition for modification based on a substantial change in circumstances. Common grounds include:

• Significant income changes for either party
• Job loss (involuntary)
• Serious illness or disability
• Significant changes in the needs of either party

The burden falls on the person requesting modification to prove the change is substantial, permanent, and was not anticipated at the time of the original order.

Extending the Duration

Extending the duration of durational alimony requires proving exceptional circumstances. Courts interpret this standard strictly. Simply running out of time is not enough. There must be extraordinary factors that could not have been anticipated.

Supportive Relationship and Termination

If the receiving spouse enters a supportive relationship (essentially cohabitation), the paying spouse may petition to reduce or terminate alimony. Under F.S. 61.14(1)(b), courts consider factors like whether the receiving spouse and their new partner have held themselves out as married, the length of the relationship, and the economic benefit derived from the relationship.

The Seven-Year Rule and Marriage Length

You may have heard about a seven-year rule regarding Florida alimony. This is related to how marriage length categories were historically determined and still affects negotiations.

For detailed information on how marriage length impacts alimony calculations, read our article on the 7-Year Rule for Divorce in Florida.

Under the 2023 reform, the specific breakpoints are:

• Under 10 years: Short-term
• 10 to 20 years: Moderate-term
• Over 20 years: Long-term

Marriages close to these thresholds often see significant negotiation around the exact filing date or duration characterization.

Tax Implications of Durational Alimony in 2026

Understanding tax consequences is essential for accurate financial planning. Since the Tax Cuts and Jobs Act of 2017 (for agreements executed after December 31, 2018):

• Alimony payments are NOT tax-deductible for the paying spouse
• Alimony payments are NOT taxable income for the receiving spouse

This changed the economics of alimony significantly. Previously, there was often a tax arbitrage opportunity where the higher-earning spouse could deduct payments at their higher tax rate while the lower-earning spouse reported them at a lower rate.

In 2026, what you pay is what they receive, with no tax benefit or burden on either side. This simplifies calculations but removes a negotiation lever that sometimes allowed for larger gross payments.

Strategic Considerations for 2026

Whether you expect to pay or receive durational alimony, strategic thinking matters.

If You May Be Paying Alimony

Consider these approaches:

• Document your actual expenses and reasonable needs thoroughly
• If your spouse is voluntarily underemployed, gather evidence of their earning capacity
• Consider whether a lump-sum settlement might be preferable to ongoing payments
• Factor in the retirement modification option for long-term planning
• Review whether other settlement terms could offset alimony obligations

If You May Be Receiving Alimony

Strategic considerations include:

• Maintain detailed records of marital standard of living
• Document contributions to the marriage beyond income
• Create a realistic budget showing actual needs
• Consider whether rehabilitative alimony combined with shorter durational alimony might provide better total support
• Plan for the end date from the beginning

For personalized guidance on your specific situation, consider scheduling a strategy session with our team.

Common Questions About Durational Alimony Duration

Does the Clock Start at Separation or Divorce?

The alimony duration begins when the court enters the final judgment of dissolution, not when you separate. This is an important distinction because Florida divorces can take months or even years to finalize.

What Happens If We Reconcile Then Divorce Again?

If you reconcile and later divorce, the prior alimony order typically terminates upon reconciliation. The subsequent divorce would involve new alimony determinations based on the circumstances at that time.

Can We Agree to Different Terms?

Yes. Parties can agree to alimony terms different from what a court might order, including longer or shorter durations or different amounts. However, courts must approve agreements to ensure they are not unconscionable. Agreements cannot exceed the statutory maximum duration.

Getting Legal Help With Durational Alimony

Durational alimony in Florida involves complex calculations and strategic decisions that significantly impact your financial future. Whether you are negotiating terms, preparing for trial, or considering modification of an existing order, having accurate information is essential.

At Divorce.law, we offer unbundled legal services that let you get professional guidance on specific issues without retaining an attorney for your entire case. This approach works well for alimony questions where you need expert analysis but may handle other aspects of your divorce independently.

Key Takeaways for 2026

Here are the essential points to remember about durational alimony in Florida:

• Durational alimony is now the longest-term support option since permanent alimony was eliminated
• Duration caps are 50 percent for short marriages, 60 percent for moderate marriages, and 75 percent for long marriages
• The 35 percent income difference presumption provides a starting point for amount calculations
• Amount can be modified but duration can only be extended under exceptional circumstances
• Retirement age provides a potential modification or termination opportunity
• Tax treatment means no deduction for payer and no income for recipient

Understanding these rules helps you negotiate effectively and plan realistically for your financial future after divorce.

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This article provides general information about Florida divorce law and is not legal advice. Every case is unique. For advice specific to your situation, schedule a consultation with a Florida-licensed attorney.