How Florida Handles Alimony: What the Law Requires

Florida treats alimony as a standard part of divorce law, not as optional

Florida is an alimony state. The law does not require alimony in every divorce, but courts have the power to order it, and judges regularly do. Florida Statute 61.08 sets out the types of alimony available, how long they last, and what factors a judge must consider when deciding whether one spouse should pay the other.

The key difference from some other states is that Florida does not have a formula that automatically calculates alimony the way it does for child support. Instead, a judge looks at the specific circumstances of each marriage — how long it lasted, what each person earned, what they gave up, and what they need going forward. This means alimony outcomes in Florida vary widely depending on the facts of the case.

Florida courts can order alimony even if both spouses work, even if the lower-earning spouse has a job, and even if the marriage was short. The law focuses on whether one person has the ability to pay and the other has a genuine need.

Key Takeaways

• Florida law allows judges to order alimony in any divorce, but does not require it in every case — the judge must find both the ability to pay and a need for support.
• Florida recognizes four types of alimony: temporary (during the divorce), bridge-the-gap (short-term help after divorce), rehabilitative (to fund education or job training), and durational (long-term but not permanent).
• Permanent alimony exists in Florida law but is now rarely ordered; judges must find that the marriage was long and that the lower-earning spouse cannot become self-supporting even with education or training.
• The length of the marriage is the strongest predictor of whether alimony will be ordered: marriages under 7 years rarely result in alimony, while marriages over 17 years often do.
• Alimony can be modified or ended if circumstances change significantly, such as a job loss, retirement, or a major change in either person's income.

The four types of alimony Florida courts can order

Temporary alimony is paid during the divorce process itself, from the filing date until the final judgment. It is meant to help the lower-earning spouse cover living expenses and legal fees while the case is ongoing. Either spouse can ask for it, and a judge can order it quickly if one person is in financial hardship. Temporary alimony ends automatically when the divorce is final.

Bridge-the-gap alimony is short-term support after the divorce ends, designed to help a spouse transition from married life to single life. It typically lasts no more than two years and is meant for specific, time-limited needs — such as moving costs, finding new housing, or adjusting to a lower household income. A judge can order it even if the marriage was short.

Rehabilitative alimony is paid to help a spouse become self-supporting through education, job training, or a career change. It requires a specific plan: the spouse receiving it must show what training or education they will pursue, how long it will take, and what job they expect to get afterward. The paying spouse funds the plan, and alimony ends when the plan is complete or the time limit is reached — typically two to five years.

Durational alimony is long-term support that lasts for a set period of time, usually tied to the length of the marriage. For example, a 10-year marriage might result in five to seven years of durational alimony. It cannot last longer than the marriage itself. Durational alimony is now the most common form ordered in Florida.

Permanent alimony still exists but is ordered rarely

Florida law allows permanent alimony — support that continues indefinitely until the paying spouse dies, the receiving spouse remarries, or a court modifies the order. However, a 2023 change to Florida law made permanent alimony much harder to obtain. Judges must now find that the lower-earning spouse cannot become self-supporting even with education, training, or a reasonable effort to work.

Permanent alimony is now reserved for long marriages (typically 17 years or longer) where one spouse has been out of the workforce for years, has health problems that prevent work, or is near retirement age. Even then, a judge must document in writing why durational alimony would not be sufficient.

If permanent alimony was ordered before the 2023 law change, it generally stays in place unless the person paying it asks the court to modify it based on the new law. Courts have been willing to convert old permanent alimony orders to durational alimony in some cases, but this requires filing a motion and proving a substantial change in circumstances.

How judges decide whether to order alimony at all

Florida law lists 13 factors a judge must consider. The most important ones are the length of the marriage, the age and health of each spouse, their earning capacity, their education level, and their standard of living during the marriage.

The length of the marriage is the single strongest predictor. Marriages under seven years rarely result in alimony unless one spouse is disabled or has been out of the workforce. Marriages between seven and 17 years may result in durational or bridge-the-gap alimony. Marriages over 17 years are more likely to result in durational or permanent alimony.

A judge also looks at whether one spouse sacrificed education, career advancement, or earning potential during the marriage — for example, by staying home to raise children or by moving for the other spouse's job. The judge considers whether the lower-earning spouse can realistically become self-supporting and how long that would take. If a spouse is near retirement age or has health problems, the judge is more likely to order alimony.

The paying spouse's ability to pay matters just as much as the receiving spouse's need. If the higher-earning spouse has significant debt, child support obligations, or a recent job loss, the judge may order less alimony or none at all.

How much alimony Florida courts typically order

Florida has no formula for alimony the way it does for child support. Instead, judges have broad discretion to set the amount based on the specific facts. This means two similar divorces can result in very different alimony orders.

Some judges use an informal guideline: alimony should not exceed 30 percent of the paying spouse's gross monthly income, and the combined income of both spouses after alimony should not exceed 65 percent of their combined income before the divorce. However, this is not a legal requirement, and judges can order more or less.

The amount also depends on the type of alimony. Temporary alimony during the divorce is often set at a percentage of the difference between the spouses' incomes. Bridge-the-gap alimony is usually a modest amount for a short time. Rehabilitative alimony is tied to the cost of the education or training plan. Durational alimony is typically higher than bridge-the-gap but lower than what permanent alimony would have been.

When alimony can be modified or ended

Alimony orders are not permanent unless they are explicitly labeled permanent alimony. Temporary, bridge-the-gap, rehabilitative, and durational alimony all end on their own when the time period expires. Permanent alimony ends if the receiving spouse remarries or enters into a supportive relationship (cohabitation), or if the paying spouse dies.

Either spouse can ask a court to modify an alimony order if there has been a substantial and continuing change in circumstances. Common reasons include a job loss, a significant raise or demotion, retirement, a serious illness, or a major change in child custody. The person asking for the modification must file a motion and prove the change is real and likely to last.

If the paying spouse retires, the court will not automatically reduce or end alimony, but retirement is a factor the judge must consider. If the receiving spouse gets a much better job, the paying spouse can ask for a reduction. If either spouse's income drops significantly, that is grounds to ask for a change.

How Florida alimony compares to other states

Florida is more alimony-friendly than some states and less so than others. States like New York and California also allow alimony and use similar factors to decide whether to order it. States like Texas and Florida have moved away from permanent alimony in recent years, favoring durational support instead.

The main difference is that Florida has no alimony formula. Some states use income-based formulas similar to child support guidelines, which make outcomes more predictable. Florida judges have more discretion, which means more variation between cases but also more flexibility to fit the order to the specific situation.

Florida also has a specific law on "supportive relationships" — if the receiving spouse moves in with a new partner and they share expenses, the paying spouse can ask the court to reduce or end alimony. This rule is stricter than in many other states, where cohabitation alone does not automatically trigger a modification.

Frequently Asked Questions

Can I get alimony if I have a job?

Yes. Florida courts look at whether you need support and whether your spouse can afford to pay, not whether you are employed. If your job pays significantly less than your spouse's income, or if you took time out of the workforce during the marriage, you may still receive alimony. The judge will consider your earning capacity — what you could earn with education or training — not just what you currently earn.

What happens to alimony if I get remarried?

Alimony ends automatically if you remarry, regardless of the type or amount. This is true even if you remarry someone with less income than your ex-spouse. If you are receiving permanent alimony and you move in with a new partner without marrying, your ex-spouse can ask the court to reduce or end alimony based on the supportive relationship.

Can alimony be ordered in a short marriage?

Yes, but it is less common. Marriages under seven years rarely result in durational or permanent alimony, but bridge-the-gap alimony or rehabilitative alimony can be ordered even in short marriages if one spouse has a specific need — such as help paying for job training or moving costs after the divorce.

What if my spouse hides income or gets paid under the table?

You can ask the court to investigate. During the divorce process, both spouses must disclose their income through financial affidavits and tax returns. If you believe your spouse is hiding income, you can request discovery — a formal process where your spouse must answer questions under oath and produce documents. The judge can also order a forensic accountant to trace hidden income. If the judge finds that your spouse deliberately hid income, it can affect both the alimony order and other parts of the settlement.

Can I modify alimony if my ex-spouse refuses to work?

The court will not reduce alimony straightforward because your ex-spouse chooses not to work. However, if your ex-spouse has the ability to work but deliberately avoids employment to reduce their alimony obligation, you can ask the court to "impute" income — meaning the judge assigns an income level based on their education and job history, whether or not they actually earn it. This is a difficult argument to win and requires strong evidence of intentional underemployment.