When a marriage ends, one household budget has to become two. For many couples in Jacksonville and across Northeast Florida, that is when one question starts to keep them up at night: who will pay for what once the divorce is final?
If you stepped away from your career to raise children, you may be wondering how you will cover rent and health insurance on your own. If you were the primary earner, you may fear paying support for the rest of your life. Both concerns are often based on rules that no longer apply.
Florida rewrote its spousal support rules in 2023, and much of what people still hear about Florida alimony laws is out of date. This guide explains how alimony in Florida works today, from the types of support a judge can award to how long it lasts and what you can do to protect your financial future.
What Is Alimony in Florida?
Alimony, also called spousal support, is money one spouse pays the other during or after a divorce to help cover reasonable living expenses. It is governed by Fla. Stat. § 61.08, and the law is gender-neutral: either spouse can be ordered to pay.
Florida is still an alimony state. However, alimony is not automatic. Before considering the type or amount, the judge must find two things:
- Actual need: The requesting spouse genuinely needs help to meet reasonable expenses.
- Ability to pay: The other spouse can pay while still covering his or her own needs.
The spouse asking for support carries the burden of proof on both points, and the judge must explain the decision in written findings. If you are unsure how these rules apply to you, our Jacksonville spousal support lawyers can help.
How Florida Alimony Law Changed in 2023
Senate Bill 1416 took effect on July 1, 2023, and ended permanent alimony in Florida. Courts can now choose only from four time-limited forms of support, and the law added firm limits on amount and length, covered in the sections below.
Under § 61.08(11), the new law applies to every initial divorce petition pending or filed on or after July 1, 2023:
- Filed on or after that date: The new law applies.
- Filed earlier, but not yet decided by a final judgment: The new law generally applies.
- Final judgment entered before that date: The old law governs the award.
If you already pay or receive permanent alimony under an older judgment, it was not cancelled. It remains in place, although the new law made it easier to modify in some situations.
What Factors Do Florida Courts Consider?
Once need and ability to pay are established, the judge decides what support fits the case. Section 61.08(3) lists the Florida alimony factors every court must weigh:
- Length of the marriage: Longer marriages generally support longer awards.
- Standard of living: The lifestyle during the marriage and each spouse’s needs afterward.
- Age and health: Physical, mental, and emotional condition, including any disability.
- Resources and income: All income, including earnings from marital and nonmarital assets.
- Earning capacity: Education, job skills, and the ability to become self-supporting.
- Contributions to the marriage: Homemaking, child care, and support of the other spouse’s career.
- Responsibilities for children: Duties toward minor children, especially a child with a disability.
Because resources matter, the property division often shapes the alimony outcome. The court may also consider the adultery of either spouse and its economic impact, such as marital savings spent on an affair.
Types of Alimony in Florida
Florida law recognizes four types of alimony, and a judge may combine more than one:
| Type of Alimony | Purpose | Maximum Length | Can It Be Modified? |
| Temporary | Support while the divorce is pending | Until the final judgment | The court can revisit it during the case |
| Bridge-the-Gap | Short-term needs during the move to single life | 2 years | No |
| Rehabilitative | Education or training toward self-support | 5 years | Yes, in limited situations |
| Durational | Economic help for a set period | Depends on the length of the marriage | Amount yes; length only in exceptional cases |
Temporary Alimony
Temporary alimony keeps both households stable while the case moves through court. It is authorized by Fla. Stat. § 61.071 and ends when the final judgment is entered.
Bridge-the-Gap Alimony
Bridge-the-gap alimony covers identifiable short-term needs, such as a security deposit, a vehicle, or health insurance until new coverage begins. Because it cannot be adjusted later, these needs must be calculated accurately from the start.
Rehabilitative Alimony
Rehabilitative alimony helps a spouse rebuild skills or gain new training. The order must include a specific rehabilitative plan, such as a nursing program with a set timeline and cost, and support can end early if the plan is abandoned or completed.
Durational Alimony
Durational alimony is now the main form of longer-term support and often fills the role permanent alimony once played. Its amount and length are both capped, as explained in the next two sections.
How Much Alimony Will You Receive or Pay?
Florida has no chart that produces an alimony figure. For durational alimony, however, the award cannot exceed the lower of two amounts: the receiving spouse’s reasonable need, or 35% of the difference between the spouses’ net incomes.
For example, if one spouse nets $8,000 a month and the other nets $3,000, the difference is $5,000, and 35% of that is $1,750. If the proven need is $1,200, the award cannot exceed $1,200. In every case, the judge also cannot leave the paying spouse with significantly less net income than the recipient without written findings of exceptional circumstances.
Our step-by-step guide to calculating alimony in Florida walks through the math with several examples.
How Long Does Alimony Last in Florida?
For durational alimony, the limit depends on the length of the marriage, measured from the wedding date to the date the divorce petition was filed:
| Length of Marriage | Category | Maximum Durational Alimony | Example |
| Less than 3 years | Short-term | Not available | Only bridge-the-gap or rehabilitative support |
| 3 to less than 10 years | Short-term | 50% of the marriage | 8 years: up to 4 years |
| 10 to less than 20 years | Moderate-term | 60% of the marriage | 15 years: up to 9 years |
| 20 years or more | Long-term | 75% of the marriage | 24 years: up to 18 years |
Because the filing date controls, a few months can move a marriage into the next category. These categories are a rebuttable presumption, so either spouse may present evidence against them. A judge may extend the term only with clear and convincing evidence of exceptional circumstances, such as a disability, age that limits employability, or caring for the couple’s disabled child.
Can You Avoid Paying Alimony in Florida?
No trick makes an alimony claim disappear, but a higher-earning spouse has lawful ways to limit it:
- A prenuptial or postnuptial agreement: Florida generally enforces a fairly signed prenuptial agreement or postnuptial agreement that waives or limits alimony.
- Challenging need or ability to pay: Inflated expenses or an unused earning capacity can reduce or defeat the request.
- Trading property for support: A larger share of the assets or a single lump-sum payment can replace monthly alimony.
Quitting a job or hiding income usually backfires. Florida courts can impute income, meaning they base support on what a spouse is able to earn rather than what he or she chooses to earn.
When Can Alimony Be Modified or Terminated?
Under Fla. Stat. § 61.14, an alimony order can change when life changes. The most common grounds are:
- Remarriage or death: Bridge-the-gap and durational alimony end if the recipient remarries or either spouse dies.
- Substantial change in circumstances: A significant, involuntary, and lasting change in finances, such as a serious illness. A short-term setback usually does not qualify.
- Supportive relationship: If the recipient lives with and shares expenses with an unrelated partner, the court must reduce or end alimony once the paying spouse proves it.
- Retirement: A paying spouse who reaches normal Social Security retirement age, or the customary retirement age in his or her profession, can request a reduction, filing up to six months before a good-faith retirement.
These rules also help people still paying permanent alimony under older judgments. If your agreement calls alimony non-modifiable, however, the court may be bound by it. Our alimony modification team can review your options.
Alimony Issues Unique to Jacksonville Families
Northeast Florida has a large immigrant community and one of the country’s biggest military populations. In both groups, federal law adds rules on top of Florida alimony.
When One Spouse Was Sponsored for a Green Card
A spouse who sponsored a marriage-based green card signed Form I-864, the Affidavit of Support. It requires keeping the immigrant spouse at 125% of the federal poverty guidelines, and divorce does not end that obligation:
- It exists separately from alimony: The sponsored spouse can enforce it in court even if no alimony is awarded, though alimony payments generally count toward it.
- A prenuptial waiver may not stop it: Federal courts, including the Ninth Circuit in Erler v. Erler (2016), have held that such waivers do not cancel the affidavit.
- It ends only on specific events: Citizenship, 40 quarters of work, a new sponsor’s affidavit, loss of permanent residence with departure from the U.S., or death.
The sponsored spouse should also understand how divorce affects immigration status in Florida.
Military Families at NAS Jacksonville and Mayport
For service members stationed in the area, several federal rules apply:
- Allowances count as income: BAH and BAS are included in income for support purposes, even though they are not taxed.
- Deployment can pause the case: The Servicemembers Civil Relief Act allows an active-duty member whose duties prevent participation to request a stay of at least 90 days.
- Retired pay is property, not alimony: Military retired pay is divided during the property division, separately from any alimony award.
Steps to Take If Alimony Is Part of Your Divorce
Alimony cases turn on documentation. Whichever side you are on, take these steps in order:
- Gather your financial records: Tax returns, pay stubs, and bank, retirement, and debt statements. Under Florida Family Law Rule 12.285, they must be exchanged within 45 days of service of the petition.
- Complete your financial affidavit carefully: Use Form 12.902(b) if your gross annual income is under $50,000, or Form 12.902(c) if it is higher. Errors damage credibility.
- Document your monthly budget: Back every expense with bills or statements.
- Prepare for mediation: Contested Duval County family cases are commonly sent to court-ordered mediation in the Fourth Judicial Circuit, where many alimony disputes settle.
- Have any agreement reviewed before signing: A settlement can waive alimony or make it non-modifiable, which is very hard to undo later.
How Weldon Law Group Can Help
An alimony ruling can shape your finances for years. At Weldon Law Group, PLLC, our Jacksonville family law attorneys represent both spouses who need support and spouses asked to pay it, throughout Northeast Florida, in English and Spanish. Our services include:
- Alimony case evaluation: A realistic view of the likely type, amount, and length of support.
- Negotiation and mediation: Preparation and advocacy to reach a workable agreement.
- Courtroom representation: Presenting the evidence when settlement is not possible.
- Modification and termination: Requests based on retirement, a supportive relationship, or changed circumstances.
- Immigrant and military family cases: Coordinating alimony with I-864 obligations and military pay.
Contact Weldon Law Group today to schedule a free consultation.
Frequently Asked Questions
| Question | Answer |
| Is alimony taxable in Florida? | Not for most current cases. For divorce agreements signed after 2018, federal law treats alimony as neither deductible nor taxable income, and Florida has no state income tax. |
| Does alimony affect child support in Florida? | Yes. Court-ordered alimony is subtracted from the payer’s income and added to the recipient’s income before child support is calculated. |
| What happens if my ex stops paying alimony? | The court can enforce the order through wage withholding, a judgment for past-due amounts, or contempt for willful nonpayment. |
| Can a court require life insurance to secure alimony? | Yes, but only when the judge finds special circumstances that justify it. |
| Can I get alimony if we are separated but not divorcing? | Yes. Under Fla. Stat. § 61.09, a spouse can request support without filing for divorce. |
| Can I request alimony after my divorce is final? | Generally, no. If alimony was not awarded or reserved in the final judgment, it usually cannot be sought later. |