Florida no longer authorizes new permanent periodic alimony awards under the current statutory scheme. Existing awards were not automatically canceled by that change. For spouses divorcing today, the central questions are whether support is justified, which available form fits the circumstances, and how much and how long an award may be.
Need and ability to pay come first
The requesting spouse must prove actual need and the other spouse's ability to pay. Available forms include temporary, bridge-the-gap, rehabilitative, and durational alimony. Bridge-the-gap support lasts no more than two years; rehabilitative support requires a defined plan and lasts no more than five years. Fla. Stat. § 61.08(1)–(2), (6)–(7) (2026).
Prepare a realistic postdivorce budget supported by bills and account statements. Separate recurring expenses from temporary expenses. A rehabilitation proposal should explain the program, cost, completion date, and expected employment outcome. The spouse opposing support should likewise document income, necessary expenses, and the financial effect of the requested award.
Marriage length and durational limits
Marriage length runs from the wedding date to the filing of the dissolution action. The statute establishes rebuttable presumptions that a short-term marriage lasts less than 10 years, a moderate-term marriage falls between 10 and 20 years, and a long-term marriage lasts 20 years or longer. Ordinary durational ceilings are 50%, 60%, and 75% of those respective marriage lengths. Durational alimony is unavailable following a marriage of less than three years. An exceptional extension requires clear and convincing evidence and application of the statutory factors. The amount is limited to the lesser of reasonable need or 35% of the difference between the parties’ statutory net incomes. Fla. Stat. § 61.08(5), (8)(a)–(c) (2026).
For illustration, an eight-year marriage ordinarily carries a four-year durational ceiling. That ceiling does not establish entitlement or guarantee four years of payments. Prepare the financial evidence before negotiating around a statutory maximum.
The duration cap is not the only limit
The statutory ceiling does not establish entitlement or guarantee an award for the maximum term. The court must make the required findings about the form and length of support and the statutory factors. An award generally may not leave the payor with significantly less net income than the recipient without written findings of exceptional circumstances. Fla. Stat. § 61.08(1)–(3), (9) (2026).
Supportive relationships and retirement
A supportive relationship is a financial and factual inquiry, not simply a label for dating. The obligor must prove by a preponderance of the evidence that the relationship exists or existed within the statutory 365-day lookback. If proven, the burden shifts to the recipient under the statutory framework. The court must make specific written findings and apply the statute’s reduction or termination requirements. Relevant facts include pooled resources, housing, payment of expenses, valuable services, and financial interdependence; a sexual relationship is not required. Fla. Stat. § 61.14(1)(b) (2026).
For a supportive-relationship dispute, useful records may include shared bills, transfers, housing payments, and evidence of financial assistance. For retirement, organize benefit estimates, retirement dates, asset statements, and expected expenses. Review the original judgment and settlement before taking action because the form of support and agreement language can affect available relief.
Retirement does not automatically end alimony. The statutory framework addresses normal Social Security retirement age or customary retirement age in the obligor’s profession, demonstrable retirement steps or actual retirement, and reduced ability to pay. If the obligor meets the initial burden, the burden shifts to the recipient. The court must consider the statutory factors and make written findings. Review the judgment and agreement before filing or changing payments. Fla. Stat. § 61.14(1)(c) (2026).
What to bring to a consultation
- Marriage and filing dates
- judgments and agreements
- income and asset records
- a supported monthly budget
- rehabilitation plans
- and relevant health, caregiving, supportive-relationship, or retirement evidence
When to act promptly
Obtain advice before signing support terms, delaying a modification request, or changing payments. An older award was not automatically canceled when permanent alimony was removed from the current initial-award scheme.
Contact The Desai Firm at (904) 563-6952 or pd@desaifirm.com to discuss an alimony claim or existing award.