Florida Alimony Reform 2023: What Changed

Published March 25, 2026 · By Christine Leonard, Esq. · Florida Bar #1001612

SB 1416: The End of Permanent Alimony in Florida

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On June 30, 2023, Governor Ron DeSantis signed Senate Bill 1416 into law, enacting the most significant change to Florida alimony law in decades. Effective July 1, 2023, the new law eliminated permanent alimony entirely and introduced strict caps on durational alimony based on the length of the marriage.

For anyone going through a divorce in Florida — or anyone currently paying or receiving alimony under an existing order — understanding these changes is critical. The rules that governed alimony for decades are gone. Here is exactly what changed, how the new system works, and what it means for your case.

What Florida’s Alimony Reform Changed

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1. Permanent Alimony Is Eliminated

Under the old law, Florida courts could award permanent alimony — ongoing spousal support with no end date, typically in long-term marriages. SB 1416 eliminates this entirely for all divorce petitions filed on or after July 1, 2023. Permanent alimony is no longer an option the court can award, regardless of the length of the marriage.

2. The Four Types of Alimony That Remain

Florida courts can still award four types of alimony under the reformed law:

• Temporary alimony — Support during the divorce proceedings, ending when the final judgment is entered
• Bridge-the-gap alimony — Short-term support to help a spouse transition from married to single life, capped at 2 years
• Rehabilitative alimony — Support to help a spouse gain education, training, or work experience needed for self-sufficiency, capped at 5 years and requiring a specific rehabilitative plan
• Durational alimony — Support for a set period of time, now capped based on the length of the marriage (see below)

3. Durational Alimony Caps by Marriage Length

This is the most impactful change for most divorcing couples. The new law classifies marriages into three categories and imposes strict caps on how long durational alimony can last:

Example: If you were married for 15 years (moderate-term), durational alimony cannot exceed 9 years (60% of 15). Under the old law, a 15-year marriage could have resulted in permanent alimony with no end date.

4. The 35% Income Cap

The new law adds a crucial financial guardrail: the alimony award cannot exceed 35% of the difference between the parties’ net incomes — or the recipient’s reasonable need, whichever is less. This prevents situations where the paying spouse is left with significantly less disposable income than the receiving spouse.

Example: If the paying spouse earns $10,000/month net and the receiving spouse earns $3,000/month net, the difference is $7,000. The maximum alimony award would be $2,450/month (35% of $7,000) — or the recipient’s demonstrated reasonable need, whichever is less.

5. Retirement as a Basis for Modification

One of the most significant changes for people with existing alimony orders: the new law provides that a paying spouse who reaches normal retirement age (as defined by Social Security) can petition the court to modify or terminate their alimony obligation. Courts are now required to consider retirement as a legitimate basis for modification.

Under the old law, retirement was just one factor among many, and courts often denied modification requests from retirees. The 2023 reform shifts the balance significantly in favor of the paying spouse at retirement age.

6. Supportive Relationships

The reformed law strengthens the supportive relationship provision. If the alimony recipient is cohabiting with another person or receiving substantial financial support from another adult, the paying spouse can petition to reduce or terminate alimony — even if the recipient has not legally remarried. The court will examine factors such as shared living expenses, joint financial accounts, and the duration of the relationship.

Who Does the New Law Apply To?

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The elimination of permanent alimony applies to initial petitions for dissolution of marriage filed on or after July 1, 2023. If your divorce was finalized before that date, your existing alimony order remains in effect under the old law.

However, the modification provisions — particularly the retirement and supportive relationship provisions — can be applied to existing orders. This means that if you are currently paying permanent alimony under an order entered before July 1, 2023, you may now have new grounds to petition for modification or termination, especially if you are approaching retirement age.

How This Affects Your Divorce Strategy

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The 2023 alimony reform fundamentally changes the negotiation dynamics in Florida divorces:

• For the higher-earning spouse: The elimination of permanent alimony and the 35% income cap provide significant protections that did not exist before. However, you need an attorney who understands how to maximize these protections — the other side will argue for the highest duration and amount possible within the new limits.
• For the lower-earning spouse: While permanent alimony is gone, durational alimony in a long-term marriage can still be substantial. The key is demonstrating your reasonable need and the other spouse’s ability to pay. Rehabilitative alimony with a well-designed plan can also secure support for education and career development.
• For people with existing orders: If you are paying alimony and approaching retirement, or if your ex has entered a supportive relationship, the 2023 reform gives you new tools to seek modification. Timing and evidence are critical.

Factors Courts Still Consider

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Even with the new caps and limits, Florida courts still exercise discretion within those boundaries. Under Florida Statute 61.08, the court considers:

• The standard of living established during the marriage
• The duration of the marriage
• Each spouse’s age, physical condition, and emotional condition
• Each spouse’s financial resources, including marital and non-marital assets
• Each spouse’s earning capacity, educational level, and employability
• Each spouse’s contribution to the marriage (including homemaking and child care)
• Responsibilities each spouse will have regarding minor children
• Any other factor the court deems relevant

An experienced attorney ensures these factors are presented in a way that supports your position within the framework of the new law.

Frequently Asked Questions About Florida’s Alimony Reform

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