Florida’s alimony laws have undergone a major transformation. After years of legislative attempts and gubernatorial vetoes, the Florida legislature passed a sweeping alimony reform bill that Governor Ron DeSantis signed into law, bringing significant changes to how alimony is awarded, modified, and enforced throughout the state. The new law, which went into effect on July 1, 2023, represents the most dramatic shift in Florida alimony jurisprudence in decades.
For spouses divorcing in Hillsborough County and across the state, these changes affect not only new divorces filed after the effective date but also modifications of existing alimony awards. The reform reshapes key definitions, caps durations, introduces clearer formulas, and eliminates certain types of alimony entirely.
Anyone navigating divorce in Florida must understand the implications of these changes—especially high earners, long-term spouses, or those who relied on the potential for permanent alimony. A seasoned Tampa divorce lawyer is essential to interpreting these changes and strategically positioning clients to obtain or defend against support under the new legal landscape.
The End of Permanent Alimony in Florida
One of the most notable features of the new law is the complete elimination of permanent alimony. For years, Florida was one of a dwindling number of states that still allowed courts to award alimony for life. Under the old law, permanent alimony could be awarded in long-term marriages (17 years or more) where one spouse lacked the financial ability to meet their needs after the divorce.
Now, permanent alimony is no longer available as an option. Instead, the statute creates stricter time limitations based on the length of the marriage and introduces specific rules for the three remaining types of alimony:
- Rehabilitative alimony
- Durational alimony
- Bridge-the-gap alimony
The elimination of permanent alimony reflects a shift toward predictability and uniformity. A Tampa divorce lawyer can help parties evaluate whether they qualify for alimony under the new system and what limitations apply to their case.
New Definitions for Marriage Length
Under the updated statute, marriages are now categorized more specifically:
- Short-term marriage: Less than 10 years
- Moderate-term marriage: Between 10 and 20 years
- Long-term marriage: 20 years or more
These definitions matter because they determine the maximum length of time durational alimony can be awarded. For example, durational alimony in a short-term marriage cannot exceed 50% of the length of the marriage.
The marriage length is calculated from the date of marriage to the date of filing the petition for dissolution—not the date of separation or final judgment.
A Tampa divorce lawyer will use this definition to frame negotiations or arguments at trial, particularly when advocating for or against durational support.
Caps on Duration of Durational Alimony
The new law introduces a clear and rigid cap on durational alimony. The length of the award cannot exceed:
- 50% of the length of a short-term marriage
- 60% of the length of a moderate-term marriage
- 75% of the length of a long-term marriage
These limits can only be extended under exceptional circumstances. Courts must make specific findings to support any deviation from the statutory caps, which will be subject to appellate review.
This means that long-term support is no longer an indefinite obligation unless parties agree to it privately through a settlement. A Tampa divorce lawyer can help determine whether special circumstances may justify an exception to these duration limits.
The Income Cap on Alimony Awards
Another substantial change is the new cap on the amount of alimony a recipient can receive. Under the revised law, an alimony award cannot exceed the reasonable need of the recipient or 35% of the difference between the parties’ net incomes—whichever is less.
This dual cap is intended to eliminate excessive or unsupported awards. The “net income” referenced here is based on income after taxes and mandatory deductions, using the same guidelines applied in child support calculations.
For divorcing spouses in high-income households, this rule significantly limits what the lower-earning spouse may receive—regardless of lifestyle during the marriage.
A Tampa divorce lawyer will calculate this percentage carefully to ensure compliance with the statute and to prevent or defend against inflated support claims.
Strengthening of Rehabilitative Alimony Guidelines
Rehabilitative alimony remains a viable option but with stricter requirements. The updated statute mandates that:
- The recipient present a specific, written rehabilitation plan
- The award may not exceed five years
- The purpose must be to obtain education, training, or credentials necessary for employment
If a spouse cannot articulate a concrete plan for reentering the workforce or increasing income, rehabilitative alimony may be denied.
A Tampa divorce lawyer can work with vocational experts to support or contest rehabilitative plans, depending on which side of the case they represent.
Clarification of Bridge-the-Gap Alimony
Bridge-the-gap alimony, which is intended to assist with the transition from married to single life, remains unchanged in purpose but now faces heightened scrutiny in its application.
This form of alimony:
- Cannot exceed two years in duration
- Cannot be modified in amount or duration
- Must be tied to identifiable, short-term needs (such as rent deposits, moving costs, or temporary loss of income)
Although it remains non-modifiable, judges must now issue specific findings explaining why bridge-the-gap alimony is appropriate.
A Tampa divorce lawyer will help identify qualifying expenses and support the need for short-term assistance under this provision.
Retirement as Grounds to Modify or Terminate Alimony
One of the most controversial—and impactful—changes involves the right to terminate or reduce alimony when the payor reaches “normal retirement age” as defined by the Social Security Administration.
Under the new law:
- A court must consider a payor’s reasonable retirement as a valid ground for modifying or terminating alimony.
- The payor must file a formal petition and prove that retirement was made in good faith and not to evade support obligations.
- The court must consider whether the recipient has had sufficient time to prepare for the loss of support.
This change provides predictability and relief for payors approaching retirement. It also closes the door on indefinite support obligations that previously extended well past working age.
A Tampa divorce lawyer can help file or defend against retirement-based modification actions with the necessary evidence and legal arguments.
Codification of “Supportive Relationships”
Florida courts have long recognized that alimony may be modified or terminated if the recipient is in a supportive relationship with another person. However, the definition of a “supportive relationship” was historically vague and inconsistently applied.
The new law clarifies that:
- Alimony may be reduced or terminated if the recipient resides with a person in a financially supportive relationship
- A list of specific factors—including shared expenses, joint ownership, pooling of resources, and romantic involvement—must be considered
- The court must make explicit findings in support of its ruling
This statutory language strengthens the ability of payors to challenge ongoing alimony when recipients are essentially in a new domestic partnership.
A Tampa divorce lawyer can gather and present evidence of cohabitation and financial interdependence to support a modification or termination.
Requirements for Written Findings
The new law emphasizes judicial accountability by requiring courts to make specific written findings when awarding or denying alimony. These findings must include:
- The length of the marriage
- The standard of living during the marriage
- Each party’s contributions
- Financial need and ability to pay
- Justification for the type, amount, and duration of alimony awarded
This change is designed to promote transparency and consistency across Florida courts. It also improves the record for appellate review, allowing litigants to challenge unsupported rulings more effectively.
A Tampa divorce lawyer ensures that trial courts comply with these requirements and prepares the record to withstand or support appeal.
Impact on Settlement Negotiations
The elimination of permanent alimony and the introduction of clear caps and formulas have reshaped how divorce lawyers negotiate settlements. These changes:
- Create a more predictable framework for assessing exposure or entitlement
- Reduce judicial discretion, which can make litigation risk more manageable
- Incentivize parties to settle cases with confidence in likely outcomes
- Provide clearer parameters for lump-sum buyouts and property offsets
Tampa divorce lawyers now negotiate with updated statutory benchmarks, allowing for smarter compromises and fewer surprises at trial.
Applicability to Existing Alimony Awards
The reform law applies prospectively to new cases and to modifications of existing orders. It does not automatically modify existing permanent alimony orders but provides legal grounds for doing so if:
- The payor has reached retirement age
- The recipient is in a supportive relationship
- The recipient no longer has financial need
- The payor’s financial circumstances have changed substantially
A Tampa divorce lawyer can review your existing court order and determine whether modification is available or advisable under the new framework.
Judicial Discretion Still Matters
Although the statute limits certain types of awards, it still preserves a measure of judicial discretion. Courts may:
- Award nominal alimony when appropriate
- Defer alimony decisions in unusual circumstances
- Modify awards based on good cause
- Deviate from durational caps when supported by detailed findings
This discretion requires careful advocacy and compelling evidence. A Tampa divorce lawyer helps develop the factual record to support these exceptions when needed.
Strategic Considerations Under the New Law
Under the new statute, Tampa divorce lawyers are rethinking case strategy at every phase of litigation or negotiation. Key considerations include:
- Whether a recipient spouse qualifies for rehabilitative or durational alimony
- Whether assets should be used to offset or replace support
- Whether retirement or cohabitation justifies a petition to terminate
- Whether a lump-sum buyout offers better certainty than ongoing payments
- How to structure a settlement that is enforceable and tax-efficient
Each case is unique, but the new law provides a more structured playbook. A Tampa divorce lawyer will tailor that playbook to your specific circumstances.
FAQ
Q: Is permanent alimony still available in Florida?
A: No. The new law eliminates permanent alimony. The longest duration available is 75% of a long-term marriage, and only under durational alimony.
Q: What is the maximum length of time alimony can be awarded?
A: For long-term marriages, durational alimony can last up to 75% of the length of the marriage. For moderate and short-term marriages, the cap is 60% and 50%, respectively.
Q: Can a court still deviate from the durational caps?
A: Yes, but only if exceptional circumstances exist and the court provides specific written findings explaining the deviation.
Q: What is the income cap for alimony awards?
A: Alimony cannot exceed the recipient’s reasonable need or 35% of the net income difference between the parties—whichever is lower.
Q: Does retirement automatically terminate alimony?
A: Not automatically, but retirement at normal age is a valid ground for modification or termination. The court must determine whether the retirement is reasonable and made in good faith.
Q: How does cohabitation affect alimony under the new law?
A: The law codifies the “supportive relationship” standard, allowing courts to reduce or terminate alimony if the recipient is living with someone who provides financial support.
Q: Can existing permanent alimony orders be modified under the new law?
A: Yes, but only if the payor petitions the court and demonstrates a valid change in circumstances such as retirement or recipient cohabitation.
Q: Are prenuptial agreements affected by this law?
A: No. Valid prenuptial agreements still control the rights and obligations of the parties, including alimony, as long as they are enforceable.
Q: Is rehabilitative alimony still available?
A: Yes, but it is capped at five years and must include a specific written rehabilitation plan outlining how the recipient will achieve financial independence.
Q: What happens if a party fails to disclose income or assets during the case?
A: Courts can still sanction non-disclosure and may revisit awards if fraud is discovered. Full and honest disclosure remains essential.
Florida’s new alimony law marks a significant turning point in family law. By eliminating permanent alimony, capping durations, and adding clear limits and definitions, the statute brings greater predictability to divorce cases—but it also raises the stakes for anyone who depends on or pays spousal support. Whether you are initiating divorce, responding to an alimony claim, or seeking to modify an existing order, working with an experienced Tampa divorce lawyer is more important than ever. The rules have changed. Your strategy must change too. With the right legal guidance, you can navigate Florida’s new alimony landscape with clarity, confidence, and control.
The McKinney Law Group: Post-Divorce Modifications for Tampa Families
Life doesn’t stop after divorce—and sometimes, your original agreement no longer fits. At The McKinney Law Group, we help Tampa clients modify child custody, support, and alimony agreements when circumstances change.
We help with:
✔ Changing parenting plans due to relocation or new schedules
✔ Adjusting child support due to income changes or new expenses
✔ Modifying or terminating alimony payments
✔ Enforcing existing court orders when obligations aren’t met
✔ Guiding you through the legal steps with clarity
Call 813-428-3400 or email [email protected] to update your divorce agreement with confidence.