Florida courts can award four forms of alimony: temporary, bridge-the-gap, rehabilitative and durational. Permanent alimony is no longer on the list. Before any award, the judge must first find that one spouse has an actual need and the other has the ability to pay, and durational alimony is capped by both the length of the marriage and the gap between net incomes.
That list comes from Section 61.08 of the Florida Statutes, last amended by chapter 2023-315. If you've read older guides that talk about permanent alimony for long marriages, they're describing the law before that change.
This is a plain-English summary of what the statute says, checked in October 2026. It isn't legal advice, and a family lawyer or your county court's self-help center can tell you how it applies to your case.
The four forms of alimony in Florida
Temporary alimony is the first form on the list. The other three are the ones with detailed rules:
| Form | What it's for | Limit in the statute |
|---|---|---|
| Bridge-the-gap | Legitimate, identifiable short-term needs while moving from married to single | Up to 2 years; can't be modified in amount or duration |
| Rehabilitative | Redeveloping old skills or getting new education, training or work experience | Up to 5 years; needs a specific, defined rehabilitative plan |
| Durational | Economic help for a set period | Capped by marriage length and by amount; not available after a marriage under 3 years |
A court can combine forms, and can order periodic or lump sum payments. The statute also lets the judge consider adultery by either spouse and any economic impact it had.
Short, moderate and long marriages
Florida sorts marriages into three bands, and the band decides the ceiling on durational alimony. One detail matters more than people expect: the length of the marriage runs from the wedding date to the date the divorce petition is filed, not to the date of separation or the final judgment.
| Marriage length | Band | Longest durational alimony |
|---|---|---|
| Under 10 years | Short-term | 50% of the length of the marriage |
| 10 to 20 years | Moderate-term | 60% of the length of the marriage |
| 20 years or longer | Long-term | 75% of the length of the marriage |
Under exceptional circumstances, a court can extend durational alimony beyond those limits if clear and convincing evidence shows it's necessary, looking at things like the recipient's age and employability, financial resources, disability, or caring for a disabled child of the marriage.
How much: the 35% rule
Durational alimony is the recipient's reasonable need or 35% of the difference between the two spouses' net incomes, whichever is less. Net income is worked out under the child support statute, leaving out any spousal support paid in the same case.
There's a second guardrail people miss. Section 61.08(9) says an award may not leave the payer with significantly less net income than the recipient unless the court makes written findings of exceptional circumstances.
What the judge weighs
- The standard of living during the marriage and each spouse's needs after the judgment.
- Each spouse's age and physical, mental and emotional condition, including any disability.
- Income and resources, including income from nonmarital and marital assets.
- Earning capacity, education, vocational skills and employability.
- Each spouse's contribution to the marriage, including homemaking, child care and helping the other's career.
- Responsibilities for minor children, especially a child with a disability.
The judge has to put the findings in writing, including the type of alimony and how long it lasts. The person asking for alimony carries the burden of proving need, and the other spouse's ability to pay is tested too.
Supportive relationships, retirement and the depository
Two later life events are built into the factor list. The catch-all factor lets the judge make a finding of a supportive relationship, under Section 61.14(1)(b), or of a reasonable retirement, under Section 61.14(1)(c)1. In other words, a new partner who supports the recipient, or a payer's retirement, are recognized grounds the court can name in its findings.
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How payments are made is set by statute too. For alimony orders entered on or after January 1, 1985, the court generally has to direct payments through the appropriate depository under Section 61.181. If there's no minor child, payments don't have to go through the depository, and if there is a minor child and both parties ask, the court may let them pay directly. Paying through the depository creates an official payment record, which helps if there's ever a dispute about what was paid.
When Florida alimony ends or changes
Bridge-the-gap and durational alimony both end on the death of either party or the recipient's remarriage. Rehabilitative alimony can be modified or ended if circumstances change substantially, if the plan isn't followed, or when the plan is finished early. A court may also order life insurance or a bond to secure an award, but only with specific findings of special circumstances. If you're reorganizing household spending around a new payment, these budgeting apps can help you track it.
How alimony is taxed
For federal tax, the IRS says alimony paid under a divorce or separation agreement executed after 2018 isn't deductible for the payer and isn't income for the recipient. If a former spouse's debts affect a joint tax refund, this guide to Form 8379 for injured spouse claims explains how to get your share back.
Verdict
Florida alimony is now built around time limits. If you're asking for support, focus on proving need and, for rehabilitative alimony, bring a concrete plan. If you're paying, the 35% cap, the marriage-length percentages and the filing-date rule shape your exposure more than anything else, so it's worth knowing which band your marriage falls into before you file.
Frequently asked questions
Does Florida still have permanent alimony?
No. Section 61.08, as amended in 2023, lists temporary, bridge-the-gap, rehabilitative and durational alimony. Permanent alimony isn't among them.
How long does alimony last in Florida?
Bridge-the-gap is capped at 2 years and rehabilitative at 5 years. Durational alimony is capped at 50%, 60% or 75% of the marriage length for short, moderate and long marriages.
How is alimony calculated in Florida?
For durational alimony, the amount is the recipient's reasonable need or 35% of the difference between the spouses' net incomes, whichever is less.
How long do you have to be married to get alimony in Florida?
Durational alimony isn't available after a marriage of less than 3 years. The statute doesn't set that minimum for bridge-the-gap or rehabilitative alimony.
Does adultery affect alimony in Florida?
It can. The statute lets the court consider adultery by either spouse and any resulting economic impact when deciding the amount.
