Practice area
Alimony Attorney in Florida
Florida's alimony statute was significantly reformed in 2023. Whether you are seeking support or defending against it, understanding what the current law actually allows is the first step.
What we handle
- Alimony calculation and negotiation in divorce proceedings
- Bridge-the-gap alimony for short-term transition needs
- Rehabilitative alimony tied to a specific plan for self-sufficiency
- Durational alimony capped at the length of the marriage
- Defense against disproportionate alimony claims
- Modification and termination of existing alimony orders
Florida alimony law — Fla. Stat. § 61.08 (as amended 2023)
Florida's alimony statute (Fla. Stat. § 61.08) was substantially amended effective July 1, 2023, by SB 1416. The most significant change: permanent alimony was abolished. Courts may no longer award permanent periodic alimony in any new proceeding filed after the effective date. The types of alimony that remain are: (1) bridge-the-gap — limited to 2 years, for specific transition costs; (2) rehabilitative — tied to a written rehabilitation plan with a defined endpoint; and (3) durational — capped at 50% of the marriage length for marriages under 20 years (75% for 20+ years). The court considers the standard of living established during the marriage, each party's income and earning capacity, the length of the marriage, and the contributions of each spouse, among other factors. The 2023 reform also established that the paying spouse's retirement is a substantial change in circumstances that can justify modification.
How alimony is determined in Florida
Need and ability analysis
The court first determines whether the requesting spouse has a financial need for support and whether the paying spouse has the ability to pay. Both are required before any alimony award.
Financial affidavit exchange
Each party discloses income, assets, debts, and monthly expenses under Florida Family Law Rule 12.285. These numbers are the foundation for any alimony argument.
Type and amount negotiation
We analyze which form of alimony is appropriate given the marriage length, each party's earning capacity, and the statutory factors. Bridge-the-gap, rehabilitative, and durational alimony have distinct duration limits.
Rehabilitation plan drafting (if applicable)
Rehabilitative alimony requires a specific written plan — educational program, certifications, timeline — that the court must approve. We draft plans that are realistic and legally defensible.
Settlement or hearing
Most alimony disputes are resolved in mediation. If not, the judge hears financial evidence and enters a written order specifying type, amount, duration, and termination events.
What it costs
Alimony issues handled as part of a contested divorce are covered under the retainer structure (from $10,000). Standalone post-judgment alimony modification proceedings start at $4,500.
View full pricing breakdownCommon questions
Is permanent alimony still available in Florida?
No. Florida's 2023 alimony reform (SB 1416, effective July 1, 2023) abolished permanent periodic alimony for all proceedings filed after that date. Courts may only award bridge-the-gap, rehabilitative, or durational alimony. This change does not retroactively modify existing permanent alimony orders.
How long does durational alimony last in Florida?
Under the 2023 reform, durational alimony may not exceed 50% of the length of a marriage lasting fewer than 20 years. For marriages of 20 years or more, the cap is 75% of the marriage length. The court may award a shorter duration based on the evidence.
Does adultery affect alimony in Florida?
Adultery can be considered by the court under Fla. Stat. § 61.08(1) when it "affected the economic status of the parties." For example, if marital funds were spent on an affair, that could affect the award. Adultery alone, without an economic impact, is less likely to drive the outcome under current law.
Can alimony be modified after divorce?
Bridge-the-gap alimony is not modifiable in amount or duration. Rehabilitative and durational alimony can be modified upon a showing of a substantial change in circumstances. The paying spouse's good-faith retirement is now explicitly recognized under the 2023 reform as a qualifying change.
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