Alimony is one of the most complex and contested areas in Florida divorce law. Whether you’re seeking support or defending against it, understanding the different types of alimony available under Florida statutes is critical to protecting your financial future. Each type of alimony serves a distinct purpose, and the kind you may be awarded—or required to pay—depends on a range of statutory factors including the length of the marriage, the financial resources of each party, and the standard of living established during the union.
As of July 1, 2023, Florida’s alimony laws underwent significant reform, eliminating permanent alimony and clarifying standards for all remaining categories of spousal support. These changes apply to all new divorce filings and any modification requests filed on or after that date.
If you’re navigating a divorce in Hillsborough County, you need a clear understanding of the four remaining forms of alimony that may be awarded by the court: bridge-the-gap alimony, rehabilitative alimony, durational alimony, and temporary alimony. Each comes with its own eligibility requirements, duration limits, and strategic considerations.
A knowledgeable Tampa divorce lawyer can help you assess your position, argue for the most appropriate form of support, and ensure any alimony award aligns with your goals and complies with Florida law.
Bridge-the-Gap Alimony
Purpose: To assist the receiving spouse in the short-term transition from married to single life.
Bridge-the-gap alimony is the most limited and narrowly defined form of spousal support available in Florida. It is designed to cover identifiable short-term needs such as:
- Rent or a mortgage deposit on a new residence
- Utility setup fees
- Car payments or repairs
- Essential living expenses following the division of assets
Bridge-the-gap alimony may be appropriate where one spouse needs help securing housing, transportation, or financial stability in the immediate aftermath of divorce but is otherwise employable or self-sufficient.
Key features:
- Duration: Cannot exceed two years
- Modifiability: Cannot be modified in amount or duration
- Termination: Ends automatically upon death or remarriage of the recipient
- Limitations: Must be based on specific, identifiable needs—not long-term support
A Tampa divorce lawyer can help build a case for bridge-the-gap alimony by identifying the requesting spouse’s transitional expenses and demonstrating a legitimate short-term need.
Rehabilitative Alimony
Purpose: To support a spouse who needs time and resources to develop or redevelop skills, education, or credentials necessary for financial independence.
Rehabilitative alimony is meant for spouses who have either been out of the workforce for a period of time or who require additional training to return to work or increase their income potential. This type of support allows the recipient to invest in themselves in order to achieve self-sufficiency.
Key features:
- Plan Requirement: Must include a clear, written rehabilitation plan submitted to the court
- Duration: May not exceed five years
- Modifiability: May be modified or terminated if there is a substantial change in circumstances or if the recipient fails to comply with the rehabilitation plan
- Termination: Ends upon completion of the plan, death of either party, or remarriage of the recipient
Examples of rehabilitation plans include:
- Completion of a degree or professional certification
- Job retraining for a career after raising children
- Licensing courses in a former profession
A Tampa divorce lawyer can work with vocational experts and educators to draft a realistic and effective rehabilitation plan that supports the request for rehabilitative alimony.
Durational Alimony
Purpose: To provide economic assistance for a set period of time following a divorce, especially in moderate- to long-term marriages.
Durational alimony is now the most commonly awarded form of ongoing spousal support in Florida. It is appropriate when the requesting spouse lacks the ability to meet their needs following the divorce but does not qualify for rehabilitative or bridge-the-gap alimony.
Key features:
- Eligibility: Available in short-term (under 10 years), moderate-term (10–20 years), and long-term (over 20 years) marriages
- Duration Caps:
- Short-term marriages: up to 50% of the length of the marriage
- Moderate-term marriages: up to 60%
- Long-term marriages: up to 75%
- Modifiability: Can be modified or terminated upon a substantial change in circumstances, remarriage, or supportive relationship
- Income Cap: May not exceed the recipient’s reasonable need or 35% of the difference between the parties’ net incomes (whichever is less)
Durational alimony is typically paid monthly but may be satisfied through a lump-sum payment if agreed upon. A Tampa divorce lawyer will ensure that any award complies with the statutory duration and amount caps and reflects the actual financial needs and ability to pay.
Temporary Alimony (Pendente Lite)
Purpose: To support a lower-earning spouse during the divorce proceedings before a final judgment is entered.
Temporary alimony—also known as pendente lite alimony—is awarded after the divorce petition is filed but before the final decree. Its goal is to prevent financial hardship and preserve the marital status quo while the case is pending.
Key features:
- Duration: Lasts only until the divorce is finalized
- Basis: Determined by financial affidavits, standard of living, and each party’s ability to pay
- Modifiability: Subject to change once permanent alimony is ordered or denied in the final judgment
- Not Prejudicial: Receipt or denial of temporary alimony does not guarantee or prevent a final award
Temporary alimony is often awarded in conjunction with temporary child support or exclusive use of the marital home.
A Tampa divorce lawyer will request temporary alimony as part of a motion for temporary relief and present evidence at the hearing to justify the need for support.
Factors That Influence Alimony Awards
Regardless of the type of alimony requested, Florida courts evaluate several factors when deciding whether to award support, including:
- The standard of living established during the marriage
- The duration of the marriage
- The age and physical and emotional health of each party
- The financial resources and income of each party
- The earning capacity, education, and employability of each spouse
- Contributions to the marriage (including homemaking and child care)
- Responsibilities for minor children
- Tax implications of the alimony award
- Any history of domestic violence
A Tampa divorce lawyer will tailor alimony arguments around these factors and use financial experts when necessary to support your case.
Strategic Considerations in Alimony Cases
Alimony is one of the most negotiable aspects of a divorce settlement. Courts have wide discretion in determining whether to award support, how much, and for how long—within the boundaries of the statute. Effective alimony strategy may involve:
- Proposing a lump-sum buyout in lieu of monthly payments
- Offering equitable distribution offsets to reduce support obligations
- Agreeing to alimony as part of a broader negotiation on child custody or property division
- Using alimony to structure tax consequences when allowed under federal law
- Including life insurance requirements to secure support in the event of death
A Tampa divorce lawyer will craft a customized alimony approach that meets your financial needs while minimizing exposure to litigation or enforcement disputes.
Modifying or Terminating Alimony
Alimony does not always last forever. Under Florida law, any alimony award—except for bridge-the-gap—may be modified or terminated based on:
- A substantial change in either party’s financial circumstances
- The recipient entering a supportive relationship
- The paying spouse reaching normal retirement age
- Remarriage of the recipient
- Voluntary or involuntary job loss
To seek modification, a party must file a Supplemental Petition to Modify Alimony and provide evidence supporting the change in circumstances.
A Tampa divorce lawyer will assess the feasibility of a modification petition and prepare the legal and financial evidence needed to support or oppose the request.
How Courts Determine Alimony Amounts
Florida does not have an official formula for calculating alimony. Instead, judges determine the amount based on:
- The recipient’s reasonable monthly need
- The payor’s ability to pay after meeting their own reasonable expenses
- The net income difference, capped at 35%
- The duration caps depending on marriage length
- Considerations such as property division and other sources of income
In high-income cases, the court may limit alimony to prevent a recipient from living beyond the standard enjoyed during the marriage. In lower-income cases, the court may award enough to meet basic needs.
A Tampa divorce lawyer will prepare detailed financial affidavits, budgets, and supporting documentation to help the court determine a fair and appropriate amount.
Enforcing Alimony Awards
When a spouse refuses to pay alimony, the recipient can file a motion to enforce or for contempt. Remedies include:
- Wage garnishment
- Seizure of tax refunds
- Suspension of driver’s or professional licenses
- Civil fines or incarceration in severe cases
- Attorney’s fees for enforcement actions
Enforcement may also involve liens against real estate or seizure of bank accounts. A Tampa divorce lawyer can help enforce your alimony rights quickly and effectively using all available legal tools.
Tax Treatment of Alimony
Under the Tax Cuts and Jobs Act of 2017, alimony awarded in divorce agreements signed after December 31, 2018:
- Is not deductible by the payor for federal tax purposes
- Is not taxable income to the recipient
This represents a major shift from the prior rules and affects how parties structure support agreements. Alimony provisions in prenuptial agreements may also need to be updated to reflect these changes.
A Tampa divorce lawyer will structure alimony awards with both state and federal tax implications in mind and coordinate with tax professionals when appropriate.
Alternatives to Traditional Alimony
In some cases, spouses may agree to alternatives that satisfy support obligations without traditional alimony, such as:
- Transferring the marital home to the lower-earning spouse
- Increasing the recipient’s share of retirement or investment accounts
- Providing lump-sum cash payments or property in lieu of support
- Creating a trust or annuity to provide scheduled payments
These alternatives can be structured as part of equitable distribution and may be preferable in high-asset divorces or when alimony enforcement is uncertain.
A Tampa divorce lawyer will negotiate these terms and draft the necessary language to protect your rights.
FAQ
Q: Is permanent alimony still available in Florida?
A: No. Florida eliminated permanent alimony as of July 1, 2023. The longest available support is durational alimony, which is capped based on the length of the marriage.
Q: How do I know what type of alimony applies to my case?
A: The type of alimony depends on your financial need, your spouse’s ability to pay, and the circumstances of the marriage. A Tampa divorce lawyer can evaluate your eligibility and develop the best support strategy.
Q: Can more than one type of alimony be awarded?
A: Yes. For example, a court may award bridge-the-gap alimony followed by rehabilitative alimony if both are justified by the facts.
Q: What happens if my ex-spouse remarries?
A: Rehabilitative, durational, and bridge-the-gap alimony all terminate automatically upon the remarriage of the recipient.
Q: Can I get alimony if I was only married for a few years?
A: Possibly. Short-term marriages may qualify for bridge-the-gap or limited durational alimony, depending on need and circumstances.
Q: Is alimony taxable in Florida?
A: No. For agreements entered into after December 31, 2018, alimony is not deductible for the payor or taxable for the recipient under federal law.
Q: Can alimony be waived in a prenuptial agreement?
A: Yes, if the waiver is voluntarily signed, with full financial disclosure, and is not unconscionable at the time of enforcement.
Q: What if my spouse refuses to pay alimony?
A: You can file a motion to enforce the order. Courts may use wage garnishment or contempt powers to compel payment.
Q: Can alimony be modified later?
A: Yes, except for bridge-the-gap alimony. Modifications require proof of a substantial change in circumstances.
Q: How long does alimony last in Florida?
A: It depends on the type: bridge-the-gap (max 2 years), rehabilitative (max 5 years), durational (capped at 50–75% of marriage length).
Navigating the alimony process in Florida requires knowledge, preparation, and legal strategy. With permanent alimony now off the table and clearer rules in place for duration and amount, both spouses must understand what forms of support are available—and what evidence is needed to secure them. Whether you’re seeking short-term help to regain your footing or long-term support after decades of marriage, a skilled Tampa divorce lawyer will be your advocate from beginning to end. With the right representation, you can ensure a fair and enforceable outcome that supports your financial independence and honors your contributions to the marriage.
The McKinney Law Group: Divorce Lawyers in Tampa Helping You Plan for the Road Ahead
Divorce can be overwhelming—but it’s also an opportunity to create a new foundation for your future. At The McKinney Law Group, we help Tampa clients move forward with confidence by providing clear legal guidance and practical solutions.
We assist with:
✔ Dividing marital property, real estate, and debt
✔ Alimony and support arrangements that reflect your lifestyle
✔ Crafting parenting plans for long-term success
✔ Handling both amicable and high-conflict divorces
✔ Ensuring your goals are at the center of every decision
Call 813-428-3400 or email [email protected] to schedule your Tampa divorce consultation.