Florida divorce law has shifted in recent years, and 2026 reflects the newer statutory framework courts now apply to alimony and parenting matters. Some rules changed. Others have held steady for decades. Understanding the difference helps you set realistic expectations before you file.
Alimony Is More Structured Now
The most talked-about reform involves alimony. Permanent alimony is no longer available in new cases. Instead, courts award time-limited support meant to address a demonstrated need while both spouses move toward financial independence.
Under the current statute, judges may consider four categories of support:
- Temporary alimony while the divorce is pending
- Bridge-the-gap alimony for short-term transitional needs
- Rehabilitative alimony tied to a written training or education plan
- Durational alimony capped by the length of the marriage and the income gap between spouses
When deciding what to award, a judge weighs earning capacity, age, health, contributions to the marriage, and the standard of living the couple built together. The rules governing these awards are set out in Section 61.08 of the 2024 Florida Statutes.
Marriage Length Drives Duration
Florida sorts marriages into short-term, moderate-term, and long-term categories, then applies percentage-based limits on how long durational support can run. Courts may go beyond those limits only in narrow situations. The result is a more predictable outcome than the open-ended awards families once faced.
Modifying an Existing Order
Existing orders can still change, but not on request alone. A party must file a petition and prove a substantial change in circumstances. Reasonable retirement, an involuntary drop in income, or another significant life event may qualify. The burden sits with the person asking for the change.
Property Division Follows Older Rules
Not everything is new. Florida remains an equitable distribution state, and that standard has not changed. Equitable does not mean automatic 50/50. It means fair, based on the facts.
Courts generally work through three steps. First, they separate marital property from non-marital property. Second, they assign value to the assets and debts. Third, they divide what is marital in a way the evidence supports. Many cases still land at an equal split, though a judge can order otherwise when the record justifies it. Businesses, retirement accounts, and real estate often call for professional appraisals.
Full financial disclosure remains mandatory. Each spouse files a sworn financial affidavit and produces income records, tax returns, and documentation of assets and debts. Hiding or shading those numbers can lead to sanctions or an agreement being thrown out.
Parenting Plans and Time-Sharing
Florida retired the word “custody” some time ago. Parents now submit a written parenting plan that covers the time-sharing schedule, decision-making authority, and how information gets shared between households. If parents cannot agree, the court sets the plan for them.
Equal time-sharing is not required by law. But it frequently serves as the starting point, and judges often support roughly equal arrangements when doing so is safe and workable for the child. The guiding standard is, and has long been, the best interests of the child.
Child Support Stays Formula-Based
Child support still runs on statutory guidelines. The calculation draws on each parent’s income, the number of children, and the time-sharing schedule, with adjustments for health insurance and work-related childcare. A judge who departs from the guideline figure must put the reasons in writing. Support can be modified when a parent shows a substantial, material, and unanticipated change.
If you are weighing a divorce and want to understand how these rules apply to your situation, the attorneys at The McKinney Law Group Family & Divorce Lawyers can walk you through your options.
For residents on the Gulf Coast facing a Clearwater divorce, working with a Clearwater, FL divorce lawyer means guidance grounded in the current statutes. A Clearwater divorce turns on the details of your case, and a conversation with our team is a sound place to start.