For decades, "permanent alimony" meant exactly that — payments that could continue for life. In 2023, Florida changed that completely. If your divorce is happening now, or if you are trying to understand an alimony order from years ago, this is the law as it stands today.
At Erlinger Family Law, we help clients across Jacksonville, Ponte Vedra, Fleming Island, and all of Northeast Florida understand exactly how this reform affects their case — whether they are the spouse who may receive support or the spouse who may have to pay it.
Permanent Alimony Is Gone — For New Cases
Before July 1, 2023, Florida courts could award permanent alimony — payments that continued indefinitely until the death or remarriage of the receiving spouse. This was especially common in long-term marriages where one spouse had been out of the workforce for years.
Under the reformed § 61.08, permanent alimony no longer exists as an option for any divorce petition filed on or after July 1, 2023. The four remaining forms of alimony are: temporary, bridge-the-gap, rehabilitative, and durational. Durational alimony — support for a fixed period tied to marriage length — has effectively become the replacement for what permanent alimony used to provide, but it now has a hard end date.
The New 35% Income Cap — A Hard Ceiling on Every Award
One of the most important changes: Florida now caps the total amount of alimony a court can award. The combined total of all alimony cannot exceed 35% of the difference between the spouses' net incomes.
For example, if one spouse earns $8,000/month net and the other earns $2,000/month net, the difference is $6,000. The maximum combined alimony award cannot exceed 35% of that $6,000 difference — or $2,100 per month.
This cap did not exist before 2023. Courts previously had far more discretion to set alimony amounts based on need and ability to pay, without a fixed mathematical ceiling.
Durational Alimony — Now Tied Directly to Marriage Length
Durational alimony is the closest replacement for permanent alimony — but it comes with a hard time limit based on how long the marriage lasted. The new law creates a formula-based system:
| Length of Marriage | Maximum Durational Alimony |
|---|---|
| Less than 3 years | Generally not eligible for durational alimony |
| 3 to less than 10 years | Up to 50% of the length of the marriage |
| 10 to less than 20 years | Up to 60% of the length of the marriage |
| 20 years or more | Up to 75% of the length of the marriage |
For example, in a 16-year marriage, durational alimony could last up to 9.6 years (60% of 16 years) — but never longer, and always subject to the 35% income cap discussed above.
Does This Apply to Your Existing Alimony Order?
This is the most common question we receive — and the answer is important: the 2023 reform is not retroactive. If your divorce was finalized before July 1, 2023, and you were awarded permanent alimony, that award does not automatically disappear or change because the new law no longer allows permanent alimony for new cases.
However, the reform does change the rules for modifying existing alimony orders — particularly around retirement. If you are the paying spouse and reaching retirement age, the new law gives you clearer grounds to petition for a reduction or termination of alimony.
Retirement Modifications — What Paying Spouses Need to Know
If you are paying alimony — whether under an old permanent order or a new durational order — and you are approaching retirement, the 2023 reform gives you a clear pathway to modify your obligation.
To seek a retirement-based modification, you generally must:
• Provide at least one year's written notice of your intent to retire to the receiving spouse
• File a petition for modification with the court
• Show you have reached normal retirement age or the customary retirement age for your profession
• Demonstrate genuine, demonstrable steps toward retirement — not simply an intention
The court will weigh your need to retire against the receiving spouse's continued need for support before deciding whether to reduce or terminate the alimony obligation.
The Other Three Types of Alimony Still Available
Beyond durational alimony, Florida courts can still award three other forms of support, each suited to a different situation:
Temporary alimony — Support paid while the divorce case is pending, before a final judgment is entered. This helps the lower-earning spouse maintain stability during the litigation process itself.
Bridge-the-gap alimony — Short-term support designed to help a spouse transition from married to single life. It addresses specific, identifiable short-term needs and cannot exceed two years.
Rehabilitative alimony — Support designed to help a spouse become self-supporting through education, training, or work experience. It requires a specific, defined rehabilitative plan presented to the court — not just a general request for support while someone "gets back on their feet."
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Understand Exactly What You Are Entitled To — Or What You May Owe
Alimony reform changed the math for every Florida divorce. Whether you may be the receiving spouse or the paying spouse, Jennifer Erlinger can walk you through exactly what the law means for your situation. Your first consultation is completely free.
Alimony reform was decades in the making, and it fundamentally changes the financial outcome of every Florida divorce involving spousal support. At Erlinger Family Law, we stay current on every legislative change so our clients never walk into court uninformed.