Boca Raton Alimony Lawyer FAQ: How Florida's 2023 Alimony Law Works

Quick Summary: Florida rewrote its alimony statute in 2023. Under Florida Statute § 61.08 as it reads today, a court may award temporary, bridge-the-gap, rehabilitative or durational alimony; permanent alimony is no longer on that list. Durational alimony now has firm time limits tied to the length of the marriage, and its amount is capped. A Boca Raton alimony lawyer can explain how these rules apply to your marriage, your income and your goals.

If you're facing a divorce in Palm Beach County, alimony is often one of the first questions on your mind, whether you expect to pay it or need it. Florida's rules changed in 2023, and much of what friends and older articles say about "permanent alimony" no longer matches the current statute. This guide answers the questions a Boca Raton alimony lawyer hears most, in plain language. Our alimony in Florida practice works with spouses on both sides of these questions across Boca Raton, Delray Beach and Palm Beach County.

What changed in Florida's alimony law in 2023?

The biggest change is the list of alimony types. Section 61.08(1)(a) now says the court may grant alimony "in the form or forms of temporary, bridge-the-gap, rehabilitative, or durational alimony." Permanent alimony isn't on that list.

The 2023 law, chapter 2023-315, Laws of Florida, also:

• Set new rebuttable definitions of short-, moderate- and long-term marriages
• Put percentage limits on how long durational alimony can last
• Capped the amount of durational alimony
• Added a rule that alimony may not leave the paying spouse with significantly less net income than the receiving spouse, unless the court makes written findings of exceptional circumstances

Section 61.08(11) says the court applies the section to all initial petitions for dissolution of marriage, or for support unconnected with dissolution, that were pending or filed on or after July 1, 2023. If your divorce was finalized earlier, or you're asking to change an existing order, the rules that apply can be different. That's a question to raise with your lawyer.

How does a court decide whether to award alimony at all?

The court first decides two things: whether one spouse has an actual need for support, and whether the other has the ability to pay. Under § 61.08(2)(a), the spouse asking for alimony has the burden of proving both.

If need and ability to pay are shown, the court then weighs the factors in § 61.08(3), including:

• The duration of the marriage
• The standard of living during the marriage, and each spouse's anticipated needs after the final judgment
• Each spouse's age and physical, mental and emotional condition
• Each spouse's resources and income, including income from marital and nonmarital assets
• Earning capacities, education, vocational skills and employability
• Each spouse's contributions to the marriage, including homemaking, child care, education and career building of the other spouse
• Responsibilities for any minor children, with special consideration for a child with a disability
• Any other factor necessary for equity and justice, identified in written findings

The court must make written findings of fact, under § 61.08(1)(b) and (2)(b), explaining the type and length of any award, or the reasons for denying one. The statute also allows the court to consider adultery and any resulting economic impact in deciding the amount.

What are the four types of alimony in Florida now?

Florida's current statute lists four forms, and a court can combine them. Here's how each works under the statute:

Bridge-the-gap and durational alimony both end when either spouse dies or the receiving spouse remarries (§ 61.08(6) and (8)(a)). The court can also order periodic or lump-sum payments, and can combine forms of alimony and forms of payment (§ 61.08(1)).

How long can durational alimony last in Florida?

Durational alimony can't exceed a set percentage of the length of the marriage. For alimony purposes, § 61.08(5) creates a rebuttable presumption that:

• A short-term marriage lasted less than 10 years
• A moderate-term marriage lasted 10 to 20 years
• A long-term marriage lasted 20 years or longer

The length of the marriage runs from the date of marriage to the date the petition for dissolution is filed.

Under § 61.08(8)(b), durational alimony may not exceed:

• 50 percent of the length of a short-term marriage
• 60 percent of the length of a moderate-term marriage
• 75 percent of the length of a long-term marriage

Durational alimony can't be awarded after a marriage that lasted less than 3 years. A court may extend durational alimony only under exceptional circumstances, on clear and convincing evidence, after considering factors such as the receiving spouse's age, employability, financial resources, disability, and caregiving for a disabled child of the marriage.

How much durational alimony can a court award?

The amount is the receiving spouse's reasonable need or 35 percent of the difference between the spouses' net incomes, whichever is less. That's the cap in § 61.08(8)(c). Net income is calculated the same way as for child support, under § 61.30(2) and (3).

Separately, § 61.08(9) says an alimony award may not leave the paying spouse with significantly less net income than the receiving spouse, unless the court makes written findings of exceptional circumstances.

These caps make the numbers in your case matter. Accurate income information for both spouses is often the center of an alimony dispute.

Can alimony be secured or changed later?

Yes, in some situations. To protect an alimony award, § 61.08(4) lets the court order life insurance, a bond or other security, but only with specific findings of special circumstances. Our article on life insurance to secure alimony and child support explains how that works.

A rehabilitative award, and the amount of a durational award, can be modified for a substantial change in circumstances under § 61.14, as described above. The § 61.08(3) factors also mention a supportive relationship and a reasonable retirement, both addressed in § 61.14. If retirement is on your horizon, see our guide to modifying alimony at retirement in Florida.

When should you talk to a Boca Raton alimony lawyer?

Ideally before you file or respond, because the length of the marriage, the income evidence and the type of alimony requested all shape the outcome. In Palm Beach County, divorce and alimony cases are heard in the 15th Judicial Circuit.

It helps to gather:

• Recent tax returns, pay stubs and any business income records
• A realistic monthly budget of your expenses
• Your date of marriage, and the filing date if a case is already open
• Information about each spouse's education, work history and health
• Any prenuptial or postnuptial agreement

Alimony often overlaps with how property is divided. Our page on dividing property in a Florida divorce explains that side, and our Boca Raton divorce attorney page covers the wider process.

Frequently asked questions about Florida alimony

Is permanent alimony still available in Florida?

The current § 61.08(1)(a) lists only temporary, bridge-the-gap, rehabilitative and durational alimony. Permanent alimony isn't among them. How the change affects an order entered before the 2023 law depends on the case, so ask a lawyer about yours.

Who has to prove alimony is needed?

The spouse requesting alimony must prove both an actual need for support and the other spouse's ability to pay, under § 61.08(2)(a).

Can you get alimony after a short marriage?

Possibly, but with limits. Durational alimony can't be awarded after a marriage of less than 3 years, and for a short-term marriage it can't exceed 50 percent of the marriage's length. Other forms, such as bridge-the-gap or rehabilitative alimony, have their own limits.

Does remarriage end alimony?

Bridge-the-gap and durational alimony end on the death of either spouse or the receiving spouse's remarriage, under § 61.08(6) and (8)(a).

Does adultery affect alimony in Florida?

Section 61.08(1)(a) allows the court to consider the adultery of either spouse, and any resulting economic impact, in determining the amount of alimony, if any.

Talk With Us About Alimony in Your Divorce

Every marriage and every financial picture is different. Schedule a confidential consultation with Yaffa Family Law Group to talk through what Florida's alimony rules could mean for you.

Disclaimer (general information): This article provides general information about Florida family law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and the law can change. Consult a Florida family law attorney about your situation.

Cited Sources

• Florida Statute § 61.08, Alimony: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html
• Florida Statute § 61.071, Alimony pendente lite; suit money: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.071.html
• Florida Statute § 61.14, Enforcement and modification of support, maintenance, or alimony agreements or orders: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.14.html
• Florida Statute § 61.30, Child support guidelines (net income): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.30.html