Florida calls it alimony. Need and ability to pay remain the gateway. Amount is discretionary under statutory factors; there is no percentage formula. Forms include Bridge-the-gap, rehabilitative, durational, and temporary alimony. Permanent alimony was abolished for petitions filed on or after July 1, 2023.. That is what separates Florida alimony from a generic national summary. Read Fla. Stat. § 61.08 before the background sections below. Duration: Durational alimony generally may not exceed 50% of a short-term marriage, 60% of a moderate-term marriage, or 75% of a long-term marriage (as those terms are defined in § 61.08), with limited exceptions. Termination: Death, remarriage of the obligee, or a supportive relationship under § 61.14; durational awards end on their expiration date.
Eligibility and statutory factors
Need and ability to pay remain the gateway. Amount is discretionary under statutory factors; there is no percentage formula.
Fault. Adultery and other relevant circumstances may be considered in amount, especially when they affected marital resources.
Document income, earning capacity, health, length of marriage, contributions as homemaker or to the other spouse's career, and the marital standard of living. Those facts drive both temporary (pendente lite) and final awards.
Types of alimony in Florida
Bridge-the-gap, rehabilitative, durational, and temporary alimony. Permanent alimony was abolished for petitions filed on or after July 1, 2023.
Labeling matters. Rehabilitative awards usually require a plan (schooling, retraining, re-entry to the workforce). Durational or term awards run for a fixed period. Lump-sum or reimbursement awards may be non-modifiable depending on the judgment language and statute.
How amount is set
Florida does not use a statewide calculator for final alimony. Judges weigh the statutory factors and the record. Online “alimony calculators” are at best rough illustrations and are not controlling.
Temporary support while a divorce is pending often follows different local practices or guidelines than the final award. Confirm what your county or division actually uses.
A concrete Florida scenario
Here is one way the Florida pieces fit together. Change any fact and the statute may point somewhere else.
One spouse asks a Florida court for alimony after a divorce filing.
- Use the label and statute Florida actually uses: alimony under Fla. Stat. § 61.08.
- There is no formula. Apply the statutory factors: Need and ability to pay remain the gateway. Amount is discretionary under statutory factors; there is no percentage formula.
- Set duration from Florida rules: Durational alimony generally may not exceed 50% of a short-term marriage, 60% of a moderate-term marriage, or 75% of a long-term marriage (as those terms are defined in § 61.08), with limited exceptions.
- Identify what ends the award: Death, remarriage of the obligee, or a supportive relationship under § 61.14; durational awards end on their expiration date.
No for cases governed by the 2023 reform (petitions filed on/after July 1, 2023). Older judgments may still contain permanent awards. Fault: Adultery and other relevant circumstances may be considered in amount, especially when they affected marital resources. TCJA: post-2018 alimony is not federally deductible/includible. Florida has no personal income tax, so state tax nuance is limited.
How long alimony lasts
Durational alimony generally may not exceed 50% of a short-term marriage, 60% of a moderate-term marriage, or 75% of a long-term marriage (as those terms are defined in § 61.08), with limited exceptions.
Permanent / indefinite support. No for cases governed by the 2023 reform (petitions filed on/after July 1, 2023). Older judgments may still contain permanent awards.
When alimony ends or can be changed
Death, remarriage of the obligee, or a supportive relationship under § 61.14; durational awards end on their expiration date.
Either party may usually seek modification upon a substantial change in circumstances unless the award was expressly made non-modifiable. Retirement, disability, remarriage, cohabitation, and large income swings are frequent triggers — but the statutory test and burden of proof are Florida-specific.
Taxes
TCJA: post-2018 alimony is not federally deductible/includible. Florida has no personal income tax, so state tax nuance is limited.
Child support remains non-deductible and non-taxable. Do not assume alimony treatment mirrors child support.
Case law: how Florida courts decide alimony
These LawDiver opinions illustrate how Florida appellate courts discuss need, ability to pay, duration, and related issues:
In Re Marriage of Jones
In Re Marriage of Jones, 357 So. 2d 439 (1978)
…f dissolution of marriage which is silent on the subject of alimony. We are called upon to determine whether, under the facts of this case, it was an abuse of discretion on the part of the trial judge to make no award of alimony to the wife. We find that it was. The parties were married for 23 years and are the parents of three children, all of whom are now adults. The wife is…
Practitioners open In Re Marriage of Jones when Florida alimony turns on the distinction in this sentence: "We are called upon to determine whether, under the facts of this case, it was an abuse of discretion on the part of the trial judge to make no award of alimony to the wife. We find that it was." Do not lift it out of the facts the court was deciding.
THE FLORIDA BAR RE AMENDMENT TO FLORIDA RULES OF CIVIL PROCEDURE (DISSOLUTION OF MARRIAGE)
…e) (a) Financial Statement. Every application for temporary alimony, child support, attorneys’ fees or suit money shall be accompanied by an affidavit specifying the party’s financial circumstances. The affidavit shall be served at the same time that notice of hearing on the application is served. The opposing party shall make an affidavit about his financial circumstances and…
On alimony, THE FLORIDA BAR RE AMENDMENT TO FLORIDA RULES OF CIVIL PROCEDURE (DISSOLUTION OF MARRIAGE) speaks to the Florida dispute in this passage: "Financial Statement. Every application for temporary alimony, child support, attorneys’ fees or suit money shall be accompanied by an affidavit specifying the party’s financial circumstances." The surrounding opinion shows how the court applied that language to the record.
In re The Marriage of Jutta R. ANDERSON v. William J. ANDERSON
In re The Marriage of Jutta R. ANDERSON v. William J. ANDERSON, 1983 Fla. App. LEXIS 24454 (1983)
…a petition to modify and extend an award of rehabilitative alimony, although filed after the rehabilitative period has expired, but during the time the husband has not fulfilled his financial obligation under the original order and is in arrears in his payments. The trial court dismissed the petition for lack of jurisdiction. We reverse. The final judgment dissolving the marri…
On alimony, In re The Marriage of Jutta R. ANDERSON v. William J. ANDERSON speaks to the Florida dispute in this passage: "The trial court dismissed the petition for lack of jurisdiction. We reverse." The surrounding opinion shows how the court applied that language to the record.
In re the Marriage of David W. PERRY v. Pamila D. PERRY
In re the Marriage of David W. PERRY v. Pamila D. PERRY, 1984 Fla. App. LEXIS 12637 (1984)
…e principal point on appeal concerns the award of permanent alimony. It is apparent from the record that appellee is potentially capable of supporting herself and should be encouraged to do so. The award of permanent alimony was improper under the dictates of Campbell v. Campbell, 432 So.2d 666 (Fla. 5th D.C.A.1983). We reverse the award of permanent alimony and remand this mat…
Practitioners open In re the Marriage of David W. PERRY v. Pamila D. PERRY when Florida alimony turns on the distinction in this sentence: "It is apparent from the record that appellee is potentially capable of supporting herself and should be encouraged to do so. The award of permanent alimony was improper under the dictates of Campbell v. Campbell, 432 So.2d 666 (Fla. 5th D.C.A.1983)." Do not lift it out of the facts the court was deciding.
In re The Marriage of Noel K. MACLAREN v. Bridget M. MACLAREN
In re The Marriage of Noel K. MACLAREN v. Bridget M. MACLAREN, 1993 Fla. App. LEXIS 3208 (1993)
…spend or terminate his obligation to pay permanent periodic alimony to appellee (the former wife). He raises two issues: (1) whether the trial court committed reversible error when it denied his counter-petition; and (2) whether the trial court committed reversible error when it refused to grant comity to a New Zealand court decree. We conclude that the trial court misconstrued…
Florida opinions such as In re The Marriage of Noel K. MACLAREN v. Bridget M. MACLAREN are cited where alimony is disputed. The court stated: "He raises two issues: (1) whether the trial court committed reversible error when it denied his counter-petition; and (2) whether the trial court committed reversible error when it refused to grant comity to a New Zealand court decree." That is the language to brief; the rest of the decision supplies the procedural posture.
In re The Marriage of Robert M. MORRIS v. Sonja M. MORRIS
In re The Marriage of Robert M. MORRIS v. Sonja M. MORRIS, 1984 Fla. App. LEXIS 12486 (1984)
…f the minor child, its award of $800.00 per month permanent alimony to the appellee, its division of marital property by way of equitable distribution, and its award of costs and attorney’s fees to appellee was an abuse of discretion. We affirm. The parties in this case had been married for twenty years and they had two children. At the time of the dissolution the wife was not…
In re The Marriage of Robert M. MORRIS v. Sonja M. MORRIS is worth reading on Florida alimony because the court put the point in its own words: "We affirm. The parties in this case had been married for twenty years and they had two children." Use that passage as the starting point, then read the facts that precede it.
In re the Marriage of Rose E. STONE, Appellant/Cross-Appellee v. Harry C. STONE, Appellee/Cross-Appellant
…se we must conclude the trial judge erred in increasing the alimony to only $150.00 per week. All the evidence shows the disabled former wife needs at least $335.00 to maintain herself and that the former husband is well able to provide that amount. There has been a substantial change in circumstances in both the needs of the former *839wife and the ability of the former husban…
On alimony, In re the Marriage of Rose E. STONE, Appellant/Cross-Appellee v. Harry C. STONE, Appellee/Cross-Appellant speaks to the Florida dispute in this passage: "All the evidence shows the disabled former wife needs at least $335.00 to maintain herself and that the former husband is well able to provide that amount." The surrounding opinion shows how the court applied that language to the record.
THE FLORIDA BAR RE AMENDMENT TO FLORIDA RULES OF CIVIL PROCEDURE (DISSOLUTION OF MARRIAGE)
…ce) (a)Financial Statement. Every application for temporary alimony, child support, attorneys’ fees or suit money shall be accompanied by an affidavit specifying the party’s financial circumstances. The affidavit shall be served at the same time that notice of hearing on the application is served. The opposing party shall make an affidavit about his financial circumstances and…
Florida opinions such as THE FLORIDA BAR RE AMENDMENT TO FLORIDA RULES OF CIVIL PROCEDURE (DISSOLUTION OF MARRIAGE) are cited where alimony is disputed. The court stated: "Financial Statement. Every application for temporary alimony, child support, attorneys’ fees or suit money shall be accompanied by an affidavit specifying the party’s financial circumstances." That is the language to brief; the rest of the decision supplies the procedural posture.
Practical checklist
- Identify the correct statutory label (alimony) and controlling section (Fla. Stat. § 61.08).
- Assemble income, budget, and health evidence for both spouses.
- For rehabilitative requests, prepare a concrete plan and timeline.
- Address fault only if Florida law makes it relevant to eligibility or amount.
- Search LawDiver for recent Florida decisions before mediation.
- Cross-check child support interactions via the Florida child support guide.
Key takeaways
- Florida uses the term alimony under Fla. Stat. § 61.08.
- Amount and duration are largely discretionary, guided by statutory factors. Need and ability to pay remain the gateway. Amount is discretionary under statutory factors; there is no percentage formula.
- Common forms include: Bridge-the-gap, rehabilitative, durational, and temporary alimony. Permanent alimony was abolished for petitions filed on or after July 1, 2023.
- Duration framework: Durational alimony generally may not exceed 50% of a short-term marriage, 60% of a moderate-term marriage, or 75% of a long-term marriage (as those terms are defined in § 61.08), with limited exceptions.
- Permanent / indefinite support: No for cases governed by the 2023 reform (petitions filed on/after July 1, 2023). Older judgments may still contain permanent awards.
- Companion child-support guide: Florida child support guidelines.
What alimony is (and is not)
Alimony is court-ordered support from one spouse to the other after separation or divorce. It is separate from child support (see Fla. Stat. § 61.30) and from property division. A single judgment may include all three, but each has its own legal tests.
No spouse is automatically entitled to alimony. Courts typically ask whether one party has a genuine need and whether the other has the ability to pay, then apply Florida's statutory framework.
Frequently asked questions
Does Florida still award permanent alimony?
No for cases governed by the 2023 reform (petitions filed on/after July 1, 2023). Older judgments may still contain permanent awards.
How is alimony calculated in Florida?
Florida leaves amount largely to judicial discretion under Fla. Stat. § 61.08, guided by statutory factors rather than a mandatory statewide calculator.
How long do I have to be married to receive alimony?
Durational alimony generally may not exceed 50% of a short-term marriage, 60% of a moderate-term marriage, or 75% of a long-term marriage (as those terms are defined in § 61.08), with limited exceptions. Short marriages rarely produce long-term awards; longer marriages support broader remedies where the statute allows.
Does remarriage or cohabitation end alimony?
Death, remarriage of the obligee, or a supportive relationship under § 61.14; durational awards end on their expiration date.
Is alimony taxable?
TCJA: post-2018 alimony is not federally deductible/includible. Florida has no personal income tax, so state tax nuance is limited.
Where can I read Florida alimony opinions?
Open the cases linked above or search LawDiver scoped to Florida. For support of children, see the Florida child support guidelines guide.
Disclaimer
This article provides general information about Florida alimony and is not legal advice. Confirm the current text of Fla. Stat. § 61.08 and consult a licensed Florida family-law attorney before acting on any rule described here.