Alimony is one of the most emotionally charged and financially significant aspects of any divorce. Whether you expect to pay or receive it, understanding the different types of alimony available under Florida law is crucial to setting appropriate expectations and planning for the future. One of the most important distinctions is between temporary alimony and permanent alimony—each serving different purposes, governed by different legal standards, and carrying unique implications for both parties.
As a seasoned Tampa divorce attorney, I’ve worked with clients on both sides of the alimony equation. In this post, we’ll explore what separates temporary and permanent alimony in Florida, how courts evaluate each, when they’re appropriate, and what recent changes to the law mean for your case.
What Is Alimony?
Alimony, also known as spousal support, is court-ordered financial assistance from one spouse to another during or after a divorce. Its goal is to ensure that a lower-earning or non-earning spouse can maintain a standard of living reasonably similar to that established during the marriage.
Florida law outlines several different forms of alimony:
- Temporary alimony
- Bridge-the-gap alimony
- Rehabilitative alimony
- Durational alimony
- Permanent alimony (subject to recent statutory reforms)
Each form of alimony serves a distinct purpose, and only some are available in every case. The key to securing or avoiding alimony lies in strong legal representation by a knowledgeable Tampa divorce attorney who can apply the law to your specific situation.
What Is Temporary Alimony?
Temporary alimony is designed to provide financial support to one spouse while the divorce case is ongoing. It exists to ensure that both parties can maintain stability and cover essential expenses—housing, food, utilities, and more—until the final judgment is entered.
Temporary alimony is not based on the length of the marriage. Instead, it considers:
- The requesting spouse’s financial needs
- The other spouse’s ability to pay
- The lifestyle established during the marriage
Importantly, temporary alimony does not continue after the divorce is finalized unless the court specifically orders a new form of alimony in the final judgment.
When Is Temporary Alimony Appropriate?
Temporary alimony is commonly awarded when:
- One spouse was financially dependent during the marriage
- One spouse left the workforce to raise children or support the other’s career
- There is a significant income disparity
- The divorce process is expected to take months or longer
For example, if one spouse is a stay-at-home parent and the other is a high-earning professional, the court may grant temporary alimony to ensure the non-earning spouse can afford living expenses while the divorce proceeds.
A skilled Tampa divorce attorney can file a motion for temporary relief at the outset of the case to secure this support as early as possible.
What Is Permanent Alimony?
Permanent alimony—recently reshaped by Florida’s 2023 legislative reform—is now available only in very limited circumstances. Historically, permanent alimony provided ongoing financial support to one spouse until remarriage or death. It was most commonly awarded after long-term marriages.
However, Senate Bill 1416, signed into law in July 2023, eliminated traditional permanent alimony for new divorce filings and replaced it with durational alimony and other limited options. That means permanent alimony, as previously understood, is no longer available in Florida for cases filed on or after that date.
Now, what remains functionally “permanent” is durational alimony awarded for longer marriages, which may still last for many years—though it is not indefinite.
If you filed your case before July 1, 2023, and you’re seeking or defending a claim for permanent alimony, your Tampa divorce attorney can help determine which legal standard applies.
Comparing Temporary and “Permanent” (Durational) Alimony
| Factor | Temporary Alimony | Permanent/Durational Alimony |
|---|---|---|
| When Granted | While divorce is pending | In the final divorce judgment |
| Duration | Ends at final judgment unless replaced | Limited to specific duration (not indefinite) |
| Purpose | Maintain financial stability during divorce | Maintain lifestyle post-divorce (in some cases) |
| Eligibility | Based on current need and ability to pay | Based on marriage length and need |
| Modifiable? | Yes, during the case | Yes, under specific legal standards |
| Terminates Upon | Final judgment or court order | Death, remarriage, or substantial change |
How the Length of the Marriage Affects Alimony
Florida courts categorize marriages as:
- Short-term: Less than 10 years
- Moderate-term: 10–20 years
- Long-term: More than 20 years
Under the new law, durational alimony is limited to:
- 50% of the marriage length for short-term marriages
- 60% for moderate-term marriages
- 75% for long-term marriages
Durational alimony cannot exceed the length of the marriage unless exceptional circumstances exist. A Tampa divorce attorney can help advocate for or against these limits, depending on your role in the divorce.
Alimony Eligibility Factors
Florida Statute §61.08 outlines factors courts consider in awarding alimony:
- The duration of the marriage
- The standard of living established
- Age, physical, and emotional condition of each party
- Financial resources of each spouse
- Earning capacities and employability
- Contributions to the marriage (homemaking, childcare, etc.)
- Responsibilities for minor children
- Tax consequences
- All sources of income
- Any history of domestic violence
These factors apply both to temporary and final (durational) alimony awards. Your Tampa divorce attorney will gather evidence to present the strongest possible case for or against alimony based on these criteria.
Seeking Temporary Alimony in Your Divorce
Temporary alimony is often awarded at a temporary relief hearing early in the divorce. To pursue it, your attorney will:
- File a Motion for Temporary Support
- Submit a Financial Affidavit and supporting documentation
- Set a hearing date and provide notice to your spouse
- Present testimony and evidence at the hearing
Judges tend to move quickly on temporary relief because they know how disruptive divorce can be financially. The award can include:
- Monthly spousal support
- Temporary child support
- Exclusive use of the marital home
- Temporary attorney’s fees
Your Tampa divorce attorney will structure this request carefully and push for fair terms based on income, expenses, and marital lifestyle.
Negotiating Alimony in Settlement
Most divorce cases in Florida are resolved without a trial. That means alimony is often negotiated in mediation or between attorneys. In settlement, spouses have more flexibility than the court does, including:
- Custom duration and amount
- Lump-sum payments in lieu of monthly support
- “Step-down” arrangements that reduce over time
- Waivers of alimony in exchange for property
However, settlements are binding once finalized. It’s crucial that your agreement is clear, enforceable, and drafted with legal precision.
A Tampa divorce attorney with experience in negotiation and mediation can help you reach a fair deal without litigation—while protecting you from unfair terms.
Modifying Alimony After Divorce
Even after the divorce is finalized, life circumstances change. In Florida, alimony may be modified if:
- There is a substantial, material, and unanticipated change in circumstances
- The paying spouse retires in good faith
- The receiving spouse remarries or enters a supportive relationship
Temporary alimony ends at the final judgment, but durational alimony may be modified or terminated under the right conditions.
Your Tampa divorce attorney can file a Supplemental Petition for Modification and present the necessary evidence to justify the change.
Defending Against Unreasonable Alimony Requests
If you’re the higher-earning spouse, it’s natural to be concerned about excessive or unnecessary alimony demands. A strong defense includes:
- Challenging inflated expense claims in the Financial Affidavit
- Presenting evidence of the other spouse’s earning ability
- Disputing the length of time support is needed
- Arguing for reasonable limits under new Florida statutes
A Tampa divorce attorney can scrutinize your spouse’s finances and advocate for fair treatment while protecting your long-term financial health.
Common Alimony Myths
Let’s clear up a few misconceptions:
- “Only women receive alimony.”
Not true. Florida law is gender-neutral. - “Alimony lasts forever.”
No. Permanent alimony has been replaced in most cases, and durational alimony has built-in limits. - “If my spouse cheated, I don’t have to pay alimony.”
Marital misconduct may be considered but does not automatically eliminate alimony. - “I can avoid paying by quitting my job.”
The court can impute income to a voluntarily unemployed or underemployed spouse.
Your Tampa divorce attorney can give you straight answers based on your unique situation—not popular myths or internet rumors.
The Role of Tax Law in Alimony
Since 2019, alimony payments are no longer deductible by the payer or taxable to the recipient for federal income tax purposes.
This means:
- Payors don’t get a tax break
- Recipients don’t report it as income
- Settlements must account for these tax consequences
Your attorney and a tax advisor should work together to structure alimony agreements in the most advantageous way possible under current law.
Frequently Asked Questions
Q: Is alimony automatic in Florida divorces?
A: No. One spouse must request it and demonstrate financial need and the other spouse’s ability to pay.
Q: Can alimony be waived?
A: Yes. Parties can agree in writing to waive alimony in a settlement or prenuptial agreement.
Q: What’s the difference between rehabilitative and durational alimony?
A: Rehabilitative alimony helps a spouse become self-supporting through education or training. Durational alimony provides support for a set number of years.
Q: Can alimony be paid in a lump sum?
A: Yes, if agreed upon in settlement or ordered by the court in lieu of ongoing payments.
Q: What if I lose my job after the divorce?
A: You can file for modification based on a substantial change in circumstances.
Q: How is alimony enforced if my ex doesn’t pay?
A: The court can enforce through wage garnishment, liens, contempt proceedings, and more.
Q: Does remarriage end alimony?
A: Yes, in most cases. Cohabitation may also justify termination, depending on the level of financial support involved.
Q: Can I get alimony after a short-term marriage?
A: It’s possible, but usually limited in duration and amount.
Q: Is alimony considered in child support calculations?
A: Yes. Alimony paid or received affects income used in the child support formula.
Q: How long does a court take to decide on alimony?
A: Temporary alimony can be ordered early in the case. Final alimony is determined at trial or in settlement.
Final Thoughts
Whether you’re seeking financial support or hoping to limit your exposure, understanding the difference between temporary and permanent (now durational) alimony is key to building a strong divorce strategy.
Temporary alimony keeps the playing field level during divorce proceedings. Durational alimony provides financial stability after the divorce—but is limited in duration based on the length of the marriage.
The laws surrounding alimony are evolving, and the right legal strategy depends on your income, lifestyle, marriage duration, and future plans. You don’t have to navigate these waters alone.
A seasoned Tampa divorce attorney can help you:
- Evaluate your eligibility or liability for alimony
- Present a compelling case for or against spousal support
- Negotiate favorable settlement terms
- Modify existing alimony orders
- Protect your rights and long-term financial future
If you’re facing a divorce in Florida, contact a trusted Tampa divorce attorney to discuss your options and secure the support—or protection—you need.
The McKinney Law Group: Strong Legal Support for Contested Divorces in Tampa
Not every divorce is smooth—and when emotions run high, you need a legal advocate who knows how to fight for your rights. At The McKinney Law Group, we represent Tampa clients in contested divorces, providing tough, strategic legal guidance when it matters most.
We help with:
✔ Property and asset disputes
✔ Custody battles and time-sharing disagreements
✔ Alimony and lifestyle-based support claims
✔ High-conflict negotiations and courtroom litigation
✔ Creating solutions when communication breaks down
When things are complicated, we provide the clarity and strength you need.
Call 813-428-3400 or email [email protected] to get started.