Florida Eliminated Permanent Alimony -What Does That Mean for Your Divorce?

By Jarbath Peña Law Group

For years, many people going through divorce in Florida assumed one thing: if the marriage lasted long enough, permanent alimony might be part of the outcome.

That assumption still comes up frequently in divorce consultations, especially for spouses who have been married for decades or who have depended financially on their spouse throughout the marriage. But Florida’s alimony laws have changed significantly, and permanent alimony is no longer an option.

In 2023, Florida overhauled its alimony laws entirely, eliminating permanent alimony and replacing it with a structured system built around specific timelines and formulas. If you’re heading into a divorce in South Florida - or trying to understand an existing alimony order—the old assumptions won’t serve you. Here’s what actually applies now.

1. Permanent Alimony Is Gone

Florida courts can no longer award permanent, lifetime alimony in new divorce cases - regardless of how long the marriage lasted. This is the single biggest change in the reform, and it affects every negotiation, every settlement, and every trial that touches spousal support in Miami-Dade, Broward, and Palm Beach counties.

Think of the old alimony system like an open-ended contract with no expiration date. The new law replaced it with something more like a structured lease - support that has a defined purpose, a defined duration, and a defined end.

In place of permanent alimony, Florida now recognizes four specific types, each with its own purpose and, in most cases, a hard time limit.

2. The Four Types of Alimony in Florida Today

• Temporary alimony. Covers support during the divorce case itself, ending once the divorce is finalized. This is designed to maintain the status quo while the legal process plays out.

  
  

• Bridge-the-gap alimony. Helps a spouse transition from married to single life by covering short-term, identifiable needs. Capped at two years, and the amount or duration cannot be modified.

  
  

• Rehabilitative alimony. Tied to a specific, written plan for the receiving spouse to become self-supporting, for example, completing a degree or certification program. It is capped at five years. This type is particularly important for spouses who stepped back from their careers to raise children during the marriage.

  
  

• Durational alimony. Provides support for a set period without requiring a rehabilitation plan. This is the closest thing to a replacement for permanent alimony—but it comes with strict limits tied to the length of the marriage.

  
  

3. How Long Can Durational Alimony Last?

The length of the marriage determines the maximum time durational alimony can last.

• Short-term marriage (less than 10 years): up to 50% of the marriage’s length

• Moderate-term marriage (10 to 20 years): up to 60% of the marriage’s length

• Long-term marriage (20+ years): up to 75% of the marriage’s length

Two additional limits apply regardless of marriage length:

• Durational alimony cannot exceed 35% of the difference between the spouses’ net incomes.

• It cannot be awarded at all for marriages under three years.

These formulas interact in ways that aren’t always obvious, and small factual details matter enormously. A 19-year marriage and a 21-year marriage fall into completely different categories. The exact date of marriage, the exact filing date, and precise income figures can all shift the outcome significantly. We’ve seen cases where a few days made a real financial difference.

Not sure how the new alimony law applies to your specific situation? We offer confidential consultations for clients throughout Miami-Dade and South Florida. Call us at 305-615-1005 or visit www.jp-lawgroup.com.

4. What About Alimony Orders From Before the Reform?

If you have an existing permanent alimony order from before the reform, it generally remains in place under its original terms. The new law did not automatically wipe out orders that were already in effect. Therefore, if you have permanent alimony, under the old law it cannot be modified just because the law changed. If there are other circumstances that allow a change, such as a supportive relationship or change in income, alimony can be revisited.

Additionally, the reform also explicitly states retirement as a basis for modification. If you’re paying or receiving alimony under an older order and your circumstances have changed, it is worth having an attorney review whether you qualify to modify it under the current standard.

This is one of the most active areas of family law litigation in South Florida right now. If you have an older permanent alimony order and you’re approaching retirement, talk to us before you stop working. The timing of when you retire and when you file matters.

Legal Guidance You Can Trust

Money conversations during a divorce are stressful enough without outdated assumptions clouding the picture. Every week, we sit across from clients in our Miami and Fort Lauderdale offices who are expecting what a parent or friend received years ago—and the law has moved on significantly since then.

At Jarbath Peña Law Group, our job is to give you a clear, honest picture of what the current law actually allows in your specific situation—and to build a financial strategy around it. Whether you’re trying to understand what you may receive, what you may owe, or how to approach an existing order that needs to be modified, we’re here to help.

The law has changed. Your strategy should too.

Frequently Asked Questions

My spouse hasn’t worked in 15 years—are they automatically entitled to alimony?

Not automatically, however, it is highly likely. Despite this, alimony must be proven. Alimony in Florida requires both a demonstrated financial need by one spouse and the ability of the other to pay. A long absence from the workforce is a strong factor, but a judge will still evaluate the receiving spouse’s ability to eventually become self-supporting, the length of the marriage, the standard of living, and other statutory factors. Need alone doesn’t guarantee an award.

Can my spouse stop paying alimony if they lose their job or retire?

Alimony can be modified if there is a substantial, material, and unanticipated change in circumstances—and job loss or retirement can qualify. However, the paying spouse can’t simply stop making payments; they must file a motion with the court and prove the change meets the legal standard. Voluntary underemployment (quitting a good job to reduce payments) will not be treated favorably by a judge.

Does cohabitation by my ex-spouse end alimony in Florida?

It can. Under Florida law, if the alimony recipient enters into a supportive relationship—meaning they are living with someone who contributes to their support—the paying spouse can petition the court to reduce or terminate alimony. The court will look at the nature of the relationship, whether finances are shared, and whether the recipient’s financial need has genuinely decreased. This is not automatic; it requires a legal filing and proof.

If I earn more than my spouse, will I definitely have to pay alimony?

Not necessarily. Income disparity is one factor, but it’s not sufficient on its own. The court must also find that your spouse has a genuine financial need they cannot meet through employment. If both spouses are working and earning reasonable incomes, alimony may not be warranted even if there’s a gap between their salaries. Florida's 35% income-difference cap, which applies specifically to durational alimony under §61.08(8)(c), also limits how much support can be ordered regardless of the disparity.

What happens to alimony if my ex-spouse remarries?

Remarriage of the receiving spouse automatically terminates bridge-the-gap and durational alimony under Florida law, effective as of the date of remarriage — the statute is self-executing, so it doesn't technically require a court order. Rehabilitative alimony is different: it isn't on that automatic list, and ending it requires filing a supplemental petition showing a substantial change in circumstances. Even so, we always recommend getting a court order confirming the termination date before you stop paying — it's cheap insurance against a contempt claim if your ex disputes the remarriage or when it happened.

Have questions about how Florida’s alimony law applies to your divorce? Contact Jarbath Peña Law Group today at 305-615-1005 or visit us at www.jp-lawgroup.com for a consultation.