How Florida calculates alimony after the 2023 reform
Florida's official term is simply "alimony," and the state's alimony law changed substantially with SB 1416, effective July 1, 2023. The biggest change: permanent alimony was eliminated for petitions filed on or after that date. Florida now recognizes four types of alimony under Fla. Stat. §61.08 — temporary alimony during the case, bridge-the-gap alimony for short-term transitional needs, rehabilitative alimony tied to a specific plan to become self-supporting, and durational alimony, which replaced permanent alimony as the primary option for longer awards. Permanent alimony orders entered before July 1, 2023 are not automatically converted to durational alimony, though the standards for modifying existing awards also changed under the reform.
For durational alimony, the 2023 reform added guideline caps rather than a single mandatory formula. The amount cannot exceed the lesser of the recipient's demonstrated reasonable need or 35% of the difference between the parties' net incomes. That 35%-of-the-gap figure functions as a ceiling: if the recipient's documented need is lower than 35% of the gap, the lower, need-based number controls instead.
Duration is tied directly to how long the marriage lasted, using three categories: short-term marriages are under 10 years, moderate-term marriages are 10 to 20 years, and long-term marriages are 20 years or more. Durational alimony cannot exceed 50% of the length of the marriage for short-term marriages, 60% for moderate-term marriages, or 75% for long-term marriages. A court can only award longer than these caps if it makes written findings supported by clear and convincing evidence — for example, in cases involving age, employability, disability, or the ongoing care of a disabled child under §61.08(8)(b). Separately, bridge-the-gap alimony is capped at 2 years and cannot be modified once ordered, reflecting its purpose as a short transition rather than an ongoing support obligation.
Florida does not impose a minimum-marriage-length bar on eligibility for alimony itself the way Texas does — there is no length below which a spouse simply cannot qualify. Instead, marriage length determines which type of alimony and which duration cap can apply, alongside the broader §61.08(3) entitlement and duration factors: duration of the marriage, standard of living during the marriage, age and health of the parties, each party's financial resources and income, earning capacity and education, contributions to the marriage (including homemaking and helping build the other spouse's career), responsibilities for shared minor children, and a general equity catch-all.
On fault: Florida's treatment of adultery survived the 2023 reform intact but remains narrow. Fla. Stat. §61.08(1)(a) states that a court may consider the adultery of either spouse and any resulting economic impact — for example, marital money spent on an affair — in determining the amount of alimony. This is discretionary, not mandatory, and it applies only to the amount of an award through its economic impact. Adultery is not one of the §61.08(3) factors that determines entitlement, the type of alimony awarded, or its duration — those factors are financial and needs-based.
Content date: July 2026. Confirm current law and its application with a qualified attorney. Statute citation: Fla. Stat. §61.08, as amended by SB 1416 (2023), applicable to petitions filed on or after July 1, 2023.
Primary source: read the official Florida statute text →
Frequently Asked Questions
Does Florida still have permanent alimony?
No. SB 1416, effective July 1, 2023, eliminated permanent alimony for petitions filed on or after that date. The remaining types are temporary, bridge-the-gap, rehabilitative, and durational alimony. Permanent alimony orders entered before July 1, 2023 are not automatically converted, though modification standards also changed.
What's the Florida alimony formula?
There is no single mandatory calculation for every case, but the 2023 reform added a guideline cap for durational alimony: the amount cannot exceed the lesser of the recipient's reasonable need or 35% of the difference between the parties' net incomes.
How long can durational alimony last in Florida?
Duration is capped as a percentage of the marriage length: up to 50% of the marriage length for short-term marriages (under 10 years), up to 60% for moderate-term marriages (10-20 years), and up to 75% for long-term marriages (20+ years). A court can exceed these caps only with clear and convincing evidence and written findings under §61.08(8)(b).
Does adultery affect alimony in Florida?
It can affect the amount, in a narrow way. Fla. Stat. §61.08(1)(a) lets a court consider adultery and its resulting economic impact — for example, marital funds spent on an affair — when setting the amount of alimony. It is discretionary, not automatic, and it is not one of the statutory factors that determines entitlement, type, or duration.
What changed in Florida's 2023 alimony reform?
SB 1416, effective July 1, 2023, eliminated permanent alimony, codified the 35%-of-net-income-gap amount cap and the marriage-length duration caps for durational alimony, and capped bridge-the-gap alimony at 2 years, non-modifiable. It applies to petitions filed on or after July 1, 2023.