Spousal Support

Florida Alimony Under F.S. 61.08

Florida's alimony laws changed significantly with the 2023 reform (SB 1416). Understanding F.S. 61.08 is critical to protecting your financial interests—whether you're seeking support or defending against excessive claims.

“In a proceeding for dissolution of marriage, the court may grant alimony to either party only if the party seeking alimony has an actual need for it and the other party has the ability to pay it.”
— F.S. 61.08(1)

$195 Deep Dive Consultation

Our Alimony Services Include:

Alimony calculation and negotiation
Defense against excessive alimony claims
Alimony modification petitions
Enforcement and contempt actions
Income imputation analysis
Cohabitation/supportive relationship claims
Post-judgment modifications
Retirement and alimony termination

2023 Florida Alimony Reform (SB 1416)

Effective July 1, 2023, Florida eliminated permanent alimony for all new cases. The reform established strict duration limits, created a formula-based approach, and added new modification provisions. If your divorce was filed before July 1, 2023, the prior law may still apply to your case.

No More

Permanent Alimony

Strict Limits

Duration Caps

Formula

Amount Guidelines

Types of Alimony Under F.S. 61.08

Florida law recognizes four types of alimony. The court must make specific findings as to why a particular form of alimony is appropriate.

Bridge-the-Gap Alimony

“Bridge-the-gap alimony may be awarded to assist a party by providing support to allow the party to make a transition from being married to being single.”
— F.S. 61.08(6)

Maximum duration: 2 years
Non-modifiable in amount or duration
Terminates upon death or remarriage

Rehabilitative Alimony

“Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through either the redevelopment of previous skills or credentials or the acquisition of education, training, or work experience.”
— F.S. 61.08(7)

Maximum duration: 5 years
Requires a specific rehabilitation plan
Modifiable upon substantial change in circumstances

Durational Alimony

Most Common

“Durational alimony may be awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide a party with economic assistance for a set period of time.”
— F.S. 61.08(8)

Duration Limits Based on Marriage Length:

Short-term (under 10 years): Up to 50% of marriage length
Moderate-term (10-20 years): Up to 60% of marriage length
Long-term (20+ years): Up to 75% of marriage length

Amount modifiable upon substantial change
Duration generally non-modifiable except in exceptional circumstances

Temporary Alimony

“Temporary alimony may be awarded during the pendency of the dissolution proceeding to maintain the status quo of the parties.”
— F.S. 61.071

During divorce only — ends at final judgment
Can include attorney's fees and suit costs
Modifiable during proceedings

Factors Courts Consider Under F.S. 61.08(4)

When determining whether to award alimony and the appropriate type and amount, Florida courts must consider all relevant factors, including:

Standard of living established during the marriage

Duration of the marriage

Age and physical and emotional condition of each party

Financial resources of each party, including nonmarital and marital assets and liabilities

Earning capacities, educational levels, vocational skills, and employability

Contribution to the marriage (homemaking, child care, career building)

Responsibilities each party will have regarding minor children

Tax treatment and consequences of alimony

All sources of income available to either party

Any other factor necessary to do equity and justice between the parties

“The court shall make specific written findings of fact relative to the factors enumerated in subsection (4) supporting an award or denial of alimony.”
— F.S. 61.08(1)

Alimony Amount Under Florida Law

While there's no strict formula in the statute, the 2023 reform established guidelines that courts generally follow. The statute creates a “reasonable range” for alimony awards:

“Except in cases of adultery, the award of alimony may not leave the obligor with significantly less net income than the net income of the obligee unless there are exceptional circumstances.”
— F.S. 61.08(3)

Key Limitations:

Alimony generally cannot exceed 35% of the difference between the parties' net incomes
Combined alimony and child support cannot exceed 55% of the payor's gross income
Court must consider the recipient's reasonable needs and ability to be self-supporting
Adultery by either party is now a factor the court must consider

AI-Powered Alimony Analysis

Victoria AI OS analyzes your financial situation against the statutory factors to project likely alimony outcomes. We provide detailed reports showing:

Projected alimony range based on your specific facts
Duration limits for your marriage length
Arguments for increasing or decreasing awards

Get Your Analysis

Modification & Termination of Alimony

Under F.S. 61.08 and F.S. 61.14, alimony may be modified or terminated under specific circumstances.

Grounds for Modification

“The court may modify or terminate alimony upon a showing of a substantial change in circumstances that was not contemplated at the time of the final judgment.”
— F.S. 61.14(1)(a)

Significant increase or decrease in either party's income
Involuntary job loss or retirement at reasonable age
Serious illness or disability affecting earning capacity
Recipient's increased earning capacity

Supportive Relationship (Cohabitation)

“The court may reduce or terminate an award of alimony upon specific written findings by the court that a supportive relationship has existed between the obligee and another person.”
— F.S. 61.14(1)(b)

The court considers factors including:

Extent to which the obligee and other person hold themselves out as married
Period of time they have resided together in a permanent place of abode
Extent of pooling assets or income
Financial support provided by the other person

Important: Remarriage of the obligee automatically terminates alimony, but cohabitation alone does not—you must petition the court.

Alimony Services

Flat-fee services for alimony matters—know your costs upfront.

Strategy Session

$95

30-minute focused consultation on your alimony questions.

Deep Dive Consultation

$195

60-minute comprehensive analysis of your alimony situation with written summary.

Alimony Modification Petition

$695

Draft and file petition to modify existing alimony order.

Motion for Contempt

$595

Enforce existing alimony order when the other party fails to pay.

Settlement Agreement

$995

Draft comprehensive marital settlement agreement including alimony terms.

Contested Starter Package

$1,495

Full representation for contested alimony matters.

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Get Your Alimony Analysis

Whether you're seeking alimony, defending against excessive claims, or need to modify an existing order, we provide clear guidance based on current Florida law.

$195 Deep Dive Consultation Call (786) 525-7671