Permanent alimony ended for new Florida cases on July 1, 2023. What replaced it is a system of caps measured against the length of the marriage.
Senate Bill 1416 was signed on June 30, 2023 and took effect July 1, 2023, rewriting section 61.08 of the Florida Statutes. Florida courts can no longer award permanent alimony.
The change reaches all initial petitions pending or filed after that date. It is not retroactive to awards a court entered before July 1, 2023. Those obligations remain in place, though modification may still be available.
Section 61.08 now permits alimony in the form of temporary, bridge-the-gap, rehabilitative or durational support, as is equitable. Any of them can be paid periodically or as a lump sum, and a court may award a combination.
Durational alimony carries 2 statutory limits. Its length is capped as a share of the length of the marriage, and the amount is capped by reference to the receiving party’s reasonable need and to the difference between the parties’ net incomes. Which cap binds depends on the numbers in your own case.
The statute requires written findings of fact on the basis for awarding any form of alimony, including which type and for how long. A court may consider the adultery of either party and any resulting economic impact in determining the amount.
A durational award can be extended, but only on clear and convincing evidence of exceptional circumstances. In weighing that, the court may consider age, employability, financial resources that limit the ability to become self-supporting, and mental or physical disability.
Remarriage of the receiving party terminates bridge-the-gap and durational alimony as of the date of remarriage. Rehabilitative alimony is not on that automatic list. Ending it requires a supplemental petition showing a substantial change in circumstances.
Payors approaching reasonable retirement age now have a clearer statutory basis to seek modification, though a court still weighs multiple factors before terminating support.
Every cap in this statute is arithmetic performed on 2 numbers: the length of the marriage and the difference between net incomes. Both come out of the financial records the rules already require you to exchange.
These limits govern what a Florida court can order. They don’t restrict what the parties may agree to in a marital settlement agreement reached through mediation or collaborative divorce.
The complete set walks you through the whole process in order, with the records list, the worksheets and the questions to request answers to before you sign a retainer.