Can I Still Get Permanent Alimony In Florida?

In July 2023, the Florida legislature passed one of its most significant changes in decades when they passed Senate Bill 1416. SB 1416 officially eliminated permanent alimony in Florida. The change likewise redefined what types of support were available after divorce. In addition, it also altered rules regarding the modification and termination of existing awards. Understanding the new rule and how it works is essential. In this article, we’ll take a look at the new rules and how they changed alimony in Florida.

From four types of alimony to three 

Prior to 2023, Florida had four main types of alimony. These included temporary, bridge-the-gap, rehabilitative, durational, and permanent. The last of these options, permanent alimony, allows a dependent spouse to receive support indefinitely, which, practically speaking, means they would have had to remarry or die to stop receiving alimony. The new statute amends Florida Statute § 61.08 to remove the option of permanent alimony entirely.

Now, the available forms are:

• Bridge-the-gap alimony – Short-term spousal support (maximum two years) to ease transition after divorce.

• Rehabilitative alimony – Helps the spouse regain financial independence through education or job training. Capped at 5 years.

• Durational alimony – Provides support based on the length of the marriage.

These reforms also codify how courts calculate duration and amount. Payments are now tied more tightly to the parties’ actual incomes and the length of the marriage. As an example, durational alimony is generally limited to 50 percent of the length of a short-term marriage (less than 10 years), 60 percent of a moderate-term marriage (10-20 years), and 75 percent of a long-term marriage (over 20 years).

New emphasis on retirement and fairness 

One of the legislature’s stated goals was to prevent lifetime financial entanglement between ex-spouses and to give the payer of alimony a predictable endpoint. The reform allows a paying spouse to seek modification or termination of alimony upon “reasonable retirement.” This adopts a standard similar to other states. When a payer retires at a customary age and no longer earns substantially, the burden will shift to the recipient to prove why support should continue.

In addition, the law clarifies how “supportive relationships” can terminate alimony. If the recipient begins cohabitating with a partner in a relationship similar to marriage (sharing expenses, living arrangements, or pooled assets) the paying spouse can petition to reduce or end their payments.

What about existing alimony orders? 

It’s important to note that the new legislation does not affect old permanent alimony awards. Those remain in place until the recipient dies or remarries. Existing judgments remain enforceable, but could be modifiable under the new standards. Courts must still look to the original terms of the judgment and the marital settlement agreement. That means both the payers and recipients should be prepared for closer scrutiny of the need and ability to pay.

Talk to an Orlando, FL, Family Law Attorney Today 

Greater Orlando Family Law represents the interests of Orlando residents during their divorce. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.