Florida Alimony After SB 1416: Types, Caps & Calculation (2026 Guide)

Florida Alimony After SB 1416: What You Need to Know

Important: On July 1, 2023, Florida Governor DeSantis signed SB 1416, fundamentally changing alimony law. This guide reflects the current law for divorces filed after that date.

If your divorce was finalized before July 1, 2023, the old rules apply to your case. Contact us if you need help understanding which law applies to your situation.

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Types of Alimony in Florida (Post-2023 Reform)

Florida now recognizes three types of alimony. Permanent alimony has been eliminated.

1. Bridge-the-Gap Alimony

Purpose: Help a spouse transition from married to single life

Duration: Maximum 2 years

Key Features:

• Cannot be modified once ordered
• Ends upon death or remarriage of recipient
• Addresses specific short-term needs (first/last rent, car purchase, etc.)
• Available for any marriage length

2. Rehabilitative Alimony

Purpose: Support while a spouse gets education or training to become self-supporting

Requirements:

• Must have a specific, detailed rehabilitative plan
• Plan must include timeline, goals, and costs
• Plan must be included in the divorce agreement

Duration: As long as necessary to complete the plan

Modification: Can be modified if circumstances change or plan is not being followed

3. Durational Alimony

Purpose: Economic assistance for a set period—now the primary form of alimony in Florida

Key Changes Under SB 1416:

Amount Cap: Cannot exceed 35% of the difference between the parties' net incomes, OR the recipient's actual demonstrated need—whichever is less.

Example: 12-year marriage

• Maximum duration: 12 × 60% = 7.2 years
• If income difference is $6,000/month, max amount: $6,000 × 35% = $2,100/month

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Permanent Alimony: Eliminated

Permanent alimony no longer exists in Florida for divorces filed after July 1, 2023.

Under the old law, permanent alimony could be awarded for long-term marriages (17+ years) and continued indefinitely. This is no longer an option.

What this means: Even a 30-year marriage cannot result in permanent, ongoing alimony. All alimony now has a defined end date.

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How Alimony is Calculated Under Current Law

Step 1: Determine Marriage Length Classification

Step 2: Calculate Maximum Duration

Multiply marriage length by the applicable percentage:

• Short-term: Marriage length × 50%
• Moderate-term: Marriage length × 60%
• Long-term: Marriage length × 75%

Step 3: Calculate Maximum Amount

Take the lesser of:

• 35% of the difference between net incomes, OR
• The recipient's actual demonstrated need

Step 4: Courts Consider Additional Factors

• Standard of living during marriage
• Each spouse's financial resources and earning capacity
• Contributions to the marriage (including homemaking)
• Age and health of each party
• Tax treatment of alimony
• Any other relevant factors

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Marriage Length: How It's Measured

Marriage length is calculated from:

• Start: Date of marriage (wedding day)
• End: Date the divorce petition is filed (not finalized)

Strategic consideration: If you're close to a threshold (3, 10, or 20 years), the timing of filing can significantly impact alimony eligibility and duration.

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Can Alimony Be Modified?

Durational Alimony Amount: Yes, can be modified upon substantial change in circumstances

Durational Alimony Duration: Only modifiable upon showing exceptional circumstances

Bridge-the-Gap: Cannot be modified

Rehabilitative: Can be modified if plan changes or isn't followed

Common modification triggers:

• Substantial income change (job loss, promotion, retirement)
• Recipient's supportive relationship or cohabitation
• Serious health issues affecting ability to work
• Recipient's failure to follow rehabilitative plan

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Tax Implications

For divorces finalized after December 31, 2018:

• Alimony is NOT tax-deductible for the payer
• Alimony is NOT taxable income for the recipient

This affects negotiation strategies—the total cost to the payer equals the total received by the recipient.

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Protecting Your Interests

If you may pay alimony:

• Document all income and expenses thoroughly
• Consider vocational evaluations for your spouse
• Understand the 35% cap on income difference
• Time your filing strategically relative to marriage length thresholds

If you may receive alimony:

• Document your contributions to the marriage
• Calculate your reasonable monthly needs
• If you need education/training, develop a rehabilitative plan
• Understand the duration limits based on your marriage length

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What About Pre-2023 Alimony Orders?

SB 1416 is not retroactive for most purposes:

• Alimony orders entered before July 1, 2023 remain in effect
• Existing permanent alimony continues under the old law
• However: Modification requests filed after July 1, 2023 may be subject to new law provisions

If you're paying or receiving alimony under an old order and want to modify it, the interaction between old and new law can be complex.

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Our Approach

We use Victoria AI OS to analyze financial documents and calculate alimony under the new SB 1416 framework. Our flat-fee pricing means you know your costs regardless of how complex the alimony analysis becomes.

Get Expert Guidance

Questions about how Florida's new alimony law affects you? Schedule a strategy session to understand your rights and options under the current law.