Florida alimony changed in 2023.
Here's what that means for you.
She can't control the courts. She can promise you won't lose sleep wondering if someone's on top of it.
Allyson Hughes has been helping clients navigate Florida's alimony laws for over 30 years — including the landmark 2023 reforms that eliminated permanent alimony and introduced strict durational caps. Under Florida Statute 61.08, the rules have changed significantly. Whether you are seeking support or defending against it, you need an attorney who knows how to argue these changes precisely.
What changed — and what it means
for your case.
Permanent periodic alimony has been eliminated in Florida. In its place, durational alimony is now strictly capped based on the length of the marriage:
What the cap means
in plain numbers.
Florida's 2023 reforms introduced a hard ceiling on durational alimony amounts. The maximum award cannot exceed 35% of the difference between the parties' net monthly incomes.
For example: if the payor nets $8,000 per month and the recipient nets $3,000 per month, the difference is $5,000. The maximum monthly award is 35% of that — $1,750 per month. The court cannot award more without written findings of exceptional circumstances.
Alimony questions are fact-specific. Schedule a consultation to understand exactly where you stand.
Allyson Hughes will tell you where you stand.
When durational alimony
can be extended.
Under exceptional circumstances, a court may extend the term of durational alimony beyond the standard caps — but only upon clear and convincing evidence. The law specifies four circumstances that qualify:
The person seeking alimony is limited in their ability to become self-supporting due to age and employability.
The person seeking alimony has limited financial resources beyond the support award itself.
The person seeking alimony is mentally or physically disabled, or has been diagnosed with a condition that has rendered — or will render — them incapable of self-support.
The person seeking alimony is the caregiver to a mentally or physically disabled child common to both parties, whether or not the child has reached majority. The extension terminates when caregiving is no longer required.
When the payor
approaches retirement.
Under § 61.14, a payor approaching retirement age may petition to modify or terminate an alimony obligation. Florida courts now recognize that a payor's transition to Social Security and retirement income constitutes a substantial change in circumstances that can justify modification.
This is particularly relevant in long-term marriages where alimony was established years ago under different income assumptions. If you are within a few years of retirement and carrying an alimony obligation, a modification petition may be appropriate.
When the recipient
is in a new relationship.
Under § 61.14, a payor may petition to reduce or terminate alimony if the recipient is in a supportive relationship — a live-in partner who is contributing to the recipient's support, even without formal cohabitation. The statute does not require marriage or legal cohabitation. It requires a showing that the relationship is supportive in nature.
Florida courts examine factors including shared finances, time spent together, public presentation as a couple, and whether the new partner is providing economic support. A successful supportive relationship audit can significantly reduce or eliminate an ongoing alimony obligation.
If your ex is in a new relationship, it may affect your obligation. Schedule a consultation to find out.
Allyson Hughes will tell you where you stand.
Understanding what's available
in your situation.
Not every divorce results in alimony. When it does, Florida recognizes several types depending on the circumstances of the marriage and the needs of each party.
Awarded during the divorce proceeding to maintain the status quo until a permanent resolution is reached.
Helps a spouse transition from married to single life. Short duration, not to exceed 2 years. Typically used in short-term marriages.
For a spouse who needs to pursue education or vocational training to become self-supporting. Requires a specific rehabilitative plan. Cannot exceed 5 years.
The most common form post-2023. Capped by marriage length and income differential. Can be extended under exceptional circumstances — but only with clear and convincing evidence.
A finite amount paid either in one payment or installments, rather than ongoing monthly support.
What the court looks at
when deciding alimony.
Florida courts evaluate a range of factors when determining whether alimony is appropriate and how much to award.
Rather than sugar-coating things, she gave me a realistic evaluation of my situation — which was not what I wanted to hear at that moment, but something I needed to. In court she was well-prepared and the judge respected her.
When the stakes are high,
experience is the difference.
Board Certified. AAML Fellow. 30+ years. Ready to hear your situation and tell you the truth about it.
Schedule a Consultation (727) 842-8227