You are going through a divorce, and one of your biggest concerns is how you will support yourself or your children once it is final. Whether you expect to pay or receive financial support, understanding how Florida handles these obligations can help you plan for what comes next. The rules changed significantly in 2023 for cases filed on or after July 1, 2023, and knowing how the current system works puts you in a better position to protect your future.
How Florida’s alimony rules changed
Florida eliminated permanent alimony payments in 2023 under Senate Bill 1416. Courts now limit post-divorce support to a set period. The law recognizes three main types of alimony:
- Bridge-the-gap alimony: Helps you cover short-term needs as you transition to single life and is capped at two years.
- Rehabilitative alimony: Supports education or job training that will help you become self-sufficient, with a maximum of five years.
- Durational alimony: Provides longer-term support after divorce but is tied to the length of your marriage.
Each type serves a different purpose, and the court will determine which one fits your situation based on the specific circumstances of your case.
How the court determines the amount and duration
Florida courts consider several factors when deciding alimony. These include each spouse’s income and earning ability, age, health, standard of living during the marriage, contributions to the marriage and the length of the marriage.
The court cannot award more than the lower of two amounts: the recipient spouse’s reasonable need or 35% of the gap between the spouses’ net incomes. The law also limits how long durational alimony can last:
- For marriages under 10 years: Up to 50% of the marriage’s length.
- For marriages between 10 and 20 years: Up to 60%.
- For marriages over 20 years: Up to 75%.
These limits give the court a framework, but the final award still depends on the facts of the marriage and each spouse’s financial situation.
Child support follows different rules
Child support is separate from alimony. Florida calculates it under child support guidelines that look at both parents’ incomes, the number of overnights each parent has and the cost of health insurance and child care. Courts usually follow the guideline amount and need written reasons to deviate by more than 5%.
When support can change
Support orders can sometimes change after divorce. If you face a substantial change in circumstances, such as job loss, serious illness or retirement, you may ask the court to modify support. Courts cannot modify bridge-the-gap alimony. They may adjust rehabilitative or durational alimony if the change is substantial and lasting. Courts usually do not change the length of durational alimony unless exceptional circumstances exist. They may also reduce or end alimony if the receiving spouse enters a supportive relationship.