Florida trial courts handled 72,736 dissolution filings statewide in FY 2023–24, according to the Florida Office of the State Courts Administrator, with Circuit 19 (covering Indian River, Martin, Okeechobee, and St. Lucie counties) recording 1,983 dissolution filings that same year. Significant changes to Florida’s alimony laws took effect with the 2023 alimony reform. If you’re among those navigating a divorce, paying or receiving spousal support, or wondering how Florida’s alimony laws might reshape your financial future, you need to understand what changed on July 1, 2023, and more importantly, whether those changes apply to your specific case.
The answer isn’t as simple as “new cases only.” Florida’s alimony reforms eliminated permanent alimony as of July 1, 2023. Recent appellate decisions from Florida’s Fourth District Court of Appeal, including a case originating right here in St. Lucie County, show that the question of which law governs your alimony award can hinge on procedural details most people never consider. This guide walks you through what changed, who the new law affects, and what steps you can take to protect yourself, whether you’re just starting the divorce process or living with an alimony order from years ago.
Alimony Reform in Florida: The Basics You Need to Know Right Now
Florida’s alimony landscape shifted significantly when the Legislature passed, and Governor DeSantis signed, CS/SB 1416, enacted as Chapter 2023-315, Laws of Florida. This wasn’t a minor tweak; it changed core concepts courts use to decide whether alimony is awarded, what type, how long, and how modifications work. The new law affects both new and existing alimony arrangements, with specific categories of alimony now defined.
Important “what’s new” highlights, grounded in the statute as it now reads:
- Permanent (lifetime) alimony is eliminated for cases governed by the amended statute. The alimony forms available under the current statute are temporary, bridge-the-gap, rehabilitative, and durational. The elimination of permanent alimony has fundamentally altered how spousal support works in Florida.
- Alimony is more “findings-driven.” Judges must make written findings of fact on the need/ability to pay and on why a specific type (or combination) of alimony is awarded.
- Durational alimony now has clearer math and ceilings. Durational alimony is constrained by (1) marriage-length-based maximum terms and (2) an amount cap tied to the parties’ net income difference.
Florida’s updated alimony laws categorize financial support into specific types, each tailored to meet different needs during and after a divorce.
A major practical change: the statute explicitly says it applies to “initial petitions … pending or filed on or after July 1, 2023.” That “pending” word has been actively litigated (more on that below). Existing alimony agreements may be affected by the new modification pathways.
If you live in Martin, St. Lucie, or Indian River counties, you’re generally in Florida’s 19th Judicial Circuit; Palm Beach County is in the 15th Judicial Circuit. The statewide statutes apply across every circuit, but local practice and judicial expectations can still shape how budgets, evidence, and settlement negotiations unfold.
Why Treasure Coast Families Choose Our Alimony Lawyers
Florida’s 2023 alimony reform created complexity that affects thousands of divorcing couples across the Treasure Coast. With nearly 2,000 dissolution filings in Circuit 19 alone during FY 2023-24, you need attorneys who understand both the statewide statutory changes and the local court procedures in Martin, St. Lucie, and Indian River Counties.
Local Circuit 19 & Circuit 15 Experience:
Treasure Coast Legal has represented alimony clients throughout the region in both initial divorce proceedings and modification cases. We know:
- The judges and procedures in Circuit 19 (Stuart, Fort Pierce, Vero Beach) and Circuit 15 (West Palm Beach, Jupiter)
- How local courts interpret the “pending” petition rules and exceptional circumstances provisions
- Local practice expectations for financial affidavits, budget documentation, and evidence presentation
- The appellate landscape, including Fourth District Court of Appeal decisions that originated right here in St. Lucie County (Alfonso v. Alfonso)
The Reform Changed Everything, But Not Retroactively:
The most common questions we hear:
- “Does the new law apply to my case filed before July 1, 2023?”
- “Can I modify my existing permanent alimony order?”
- “How do retirement provisions affect me?”
- “What does the 35% income cap mean for my situation?”
These aren’t academic questions. Recent appellate decisions show that procedural details determine which law governs your alimony award, and getting it wrong can cost you tens of thousands of dollars.
We Handle the Complexity While You Focus on Your Future:
Alimony cases under the 2023 reform require:
- Detailed financial documentation – Financial affidavits, tax returns, pay stubs, retirement statements, and defensible budgets that courts will accept.
- Strategic procedural analysis – Determining whether your case is “pending” for reform purposes, analyzing modification opportunities, and timing retirement petitions.
- Written findings preparation – Courts now require specific written findings on need, ability to pay, and alimony type selection.
- Supportive relationship investigation – Gathering evidence on cohabitation, financial interdependence, and economic equivalence within statutory timeframes.
- Local circuit knowledge – Understanding how Stuart, Fort Pierce, and Vero Beach judges apply the reform in practice.
Free Consultation, Clear Strategy:
We work with clients throughout the Treasure Coast to:
- Analyze which alimony law applies to your specific case
- Calculate the realistic need and ability to pay under the 35% cap
- Build budgets supported by HUD Fair Market Rent data for local housing costs
- Pursue or defend against modification petitions (retirement, supportive relationships)
- Negotiate settlements that reflect the new durational limits
- Litigate when necessary in Circuit 19 and Circuit 15 courts
Whether you’re filing for divorce in Stuart, modifying an existing order in Fort Pierce, or facing a retirement-based petition in Vero Beach, we provide the strategic guidance and local court experience you need.
Who the 2023 Florida Alimony Law Applies To (and Who It Doesn’t)
One of the most common questions about the 2023 reform is: “Does this apply to me?” The most accurate answer requires two timelines: (1) whether your case is an initial petition, and (2) whether you’re dealing with a final judgment already entered.
If you’re filing for divorce now, the reformed statute generally applies. Section 61.08 expressly states that it applies to initial petitions filed on or after July 1, 2023.
If your initial divorce petition was filed before July 1, 2023, but the petition was still “pending” on July 1, 2023: the statute’s text says it applies to petitions “pending or filed on or after July 1, 2023.” Recent appellate decisions show how courts interpret “pending,” and the answer can hinge on procedural posture:
- In Inv Stockdale v. Stockdale (1st DCA 2025), the court concluded that the petition remained pending on July 1, 2023, because the circuit court had not rendered judgment; permanent alimony, therefore, could not stand.
- In Inv Alfonso v. Alfonso (4th DCA 2025), a case arising from St. Lucie County (19th Circuit), the court rejected the argument that a timely rehearing motion kept the case “pending” for purposes of applying the new statute, where a final judgment had been entered June 30, 2023, the day before the effective date.
If you already have a final judgment and alimony order entered before the reform applies to your case, the reform does not automatically rewrite your existing order. Existing alimony agreements are generally unaffected by the 2023 reforms, which are not retroactive. The statute governs initial petitions in scope/intent, and modifying an existing order generally requires a proper petition and proof under the modification statute. The 2023 reforms are not retroactive, meaning existing permanent alimony agreements remain intact unless modified. The new law does not automatically change existing permanent alimony agreements. Still, it may provide grounds for modification if there is a substantial change in circumstances, such as retirement or a supportive relationship.
That said, the 2023 reform materially strengthens and clarifies the pathways for modification, especially for supportive relationships and retirement. Those provisions can matter even when the underlying alimony order is older, because they affect what courts must consider when a new modification petition is filed. Existing agreements remain valid but may be subject to modification if circumstances change.
Practical take-away: if your situation is anywhere near that July 1, 2023, transition window (pending judgments, rehearing, magistrate recommendations, appeals), you should not assume which law applies. Recent appellate case law demonstrates that the outcome depends on procedural facts, not just the trial date.
What Changed for New Divorce Cases After July 1, 2023
If you’re filing for divorce (or the amended statute governs your petition), Florida courts must follow a more structured framework.
The court must determine:
- Whether the party seeking alimony has an actual need
- Whether the other party can pay
- If both are proven, what type(s) and duration are equitable, supported by written findings
When determining alimony, the court assesses factors such as caregiving responsibilities, the economic impact of adultery, and the parties’ financial circumstances.
Burden of proof is spelled out: the party seeking support has the burden to prove both need and the other party’s ability to pay. Alimony determinations are based on clear evidence and statutory factors.
Permanent alimony is no longer an available form in cases governed by the amended law. The statute limits available forms to temporary, bridge-the-gap, rehabilitative, and durational.
A crucial nuance that many summaries miss: Florida is a no-fault divorce state in the sense that you don’t have to prove misconduct to dissolve the marriage, but the alimony statute expressly allows a court to consider adultery and its economic impact when determining the amount of alimony, if any. Alimony calculations are influenced by the economic impact of adultery and asset dissipation, and courts will look for financial documentation and legal considerations related to extramarital affairs. So “fault doesn’t matter” is too broad; economic impact-based misconduct can still be litigated in alimony.
Courts in Florida also consider alimony modifications when there is a substantial, material, and unanticipated change in circumstances.
The four types of alimony that remain available are:
- Temporary alimony: support while the case is pending (procedural, not a long-term award)
- Bridge-the-gap: short transition support, max 2 years, and not modifiable in amount or duration
- Rehabilitative: tied to a specific plan; max 5 years; may be modified/terminated for substantial change, noncompliance, or plan completion
- Durational: the primary longer-term form; can’t be awarded if the marriage lasted less than 3 years; duration is capped by marriage length percentages (with a limited “exceptional circumstances” extension mechanism)
Why the Law’s “Self-Support” Emphasis Matters in Real Life
National economic data highlights why post-divorce budgets can be volatile. A Federal Reserve Bank of St. Louis analysis using U.S. Census-based data reported that, on average, workers who divorced in the past 12 months earned less than those who did not, with an average income difference of 12%, and it also provides charts showing how large the divorced/separated share remains in prime working years.
This kind of volatility is one reason the statute’s “need” and “ability” analysis and credible documentation matter so much when negotiating or litigating support. Alimony awards are now based on genuine financial need, ensuring that support is tied to actual financial requirements rather than arbitrary or prolonged assistance. Recipients are expected to become self-supporting within a set time frame, as permanent alimony ends.
Durational Limits and Marriage Length: How Long Alimony Can Last Now
Under the current statute, there is a rebuttable presumption of marriage length categories:
- Short-term: less than 10 years
- Moderate-term marriage: 10 to 20 years
- Long-term: 20 years or more
For durational alimony, the statute sets maximum terms:
- Short-term marriages: up to 50% of the marriage length
- Moderate-term marriages: up to 60% of the marriage length
- Long-term marriages: up to 75% of the marriage length
Under the new law, alimony duration is now explicitly tied to the length of the marriage. Durational alimony is now the primary option for longer-term financial support, replacing permanent alimony in most cases.
These are maximums, not guarantees. Courts still analyze the statutory factors (standard of living, age/health, earning capacity, contributions, childcare responsibilities, etc.) and must make written findings supporting the award.
Exceptional circumstances extensions exist, but are narrow and evidence-heavy. Under Section 61.08(8)(b), a court may extend durational alimony beyond the percentage caps with clear and convincing evidence and written findings after applying statutory factors, including limits related to age/employability, financial resources, disability/condition rendering self-support impossible, and caregiving for a disabled child.
This is not a “back door” to routine lifetime support; it is framed as an exception requiring heightened proof and specific findings.
The Four Types of Alimony Under Florida’s Updated Law
Understanding the types helps you set realistic expectations and negotiate smarter. The new law structures alimony arrangements into four specific types, each designed to address different post-divorce needs. Florida’s updated alimony laws categorize financial support into specific types, each tailored to meet different needs during and after a divorce.
Temporary Alimony
Temporary support is designed to stabilize finances during the case and typically ends at the final judgment. Temporary alimony provides financial relief while a divorce is pending, ensuring that a lower-earning spouse can maintain stability during the legal process. Courts consider each party’s ability to pay when awarding temporary alimony, evaluating both spouses’ financial capacity to determine the appropriate amount of support. In practice, temporary orders often shape settlement leverage by affecting cash flow while the case is pending.
Bridge-the-Gap Alimony
Bridge-the-gap alimony is capped at 2 years and is not modifiable in amount or duration. That means it is critical to get the initial figure right: if your circumstances change, Bridge the Gap is not meant to flex with those changes.
Rehabilitative Alimony
Rehabilitative alimony requires a specific, defined plan and is capped at 5 years. Courts award rehabilitative alimony to help a spouse regain financial independence through education, training, or efforts to re-enter the workforce. The primary goal of rehabilitative alimony is to support the receiving spouse’s financial independence. It can later be modified/terminated under specified conditions (substantial change, noncompliance, or completion).
In practice, plan quality matters: courts are looking for documented steps, a timeline, costs, and evidence that the plan realistically leads to employability.
Durational Alimony
Durational alimony is the main long-term tool under the post-reform system, providing economic assistance for a set period and replacing the abolished permanent alimony. The new alimony framework makes durational alimony the primary long-term support option, the default in most cases. It may terminate on the death or remarriage of the recipient, and the amount may be modified/terminated for a substantial change. Durational alimony is unavailable when the marriage lasted less than 3 years.
Case study (how courts apply the new durational framework):
In LoConto v. LoConto (4th DCA 2025), the appellate court reversed and remanded, holding that the trial court’s minimal durational alimony award did not align with its findings on need and ability under the new statute and directing the trial court to award alimony to the extent allowable under Section 61.08(8).
This illustrates a key point: the reform establishes caps and formulas. However, courts must still reconcile them with factual findings on need and ability, and appellate courts are scrutinizing that logic.
Key Numerical Limits: The 35% Income Cap and Need vs. Ability to Pay
The 2023 reform adds more mathematical structure, especially for durational alimony, but it does not eliminate the need-and-ability analysis. Alimony calculations are now more structured, with the 35% cap providing clearer guidelines for determining support amounts and prioritizing fairness in the process. The reforms also prioritize fairness by setting clear limits on duration and eliminating the possibility of indefinite financial dependency.
The “Reasonable Need” Standard
The statute requires a specific factual determination that the person seeking alimony has an actual need and that the other spouse can pay. This is where budgets matter: courts expect credible documentation.
A smart way to build credibility is to anchor housing estimates in objective, government data. For example, HUD’s FY 2025 Fair Market Rent (FMR) schedule provides a standardized benchmark for “gross rent” (rent plus utilities) at the 40th percentile for standard-quality units.
In Florida’s Port St. Lucie, FL MSA (covering Martin and St. Lucie counties), the FY 2025 FMR for a 2-bedroom unit is $1,624; in the Sebastian–Vero Beach, FL MSA (Indian River County), the 2-bedroom FMR is $1,567; and in the West Palm Beach–Boca Raton area, the 2-bedroom FMR is $2,187.
FMR is not a legal “alimony budget,” but it can strengthen the realism of a post-divorce needs analysis.
The 35% Rule
The statute provides that the amount of durational alimony is the obligee’s reasonable need or an amount not to exceed 35% of the difference between the parties’ net incomes, whichever is less.
Key precision point: this 35% cap is textually tied to durational alimony (not to every possible combination of alimony types).
What Counts as “Net Income” for This Math?
Section 61.08 cross-references the child support statute’s net income calculation. Florida’s net income calculation starts from gross income. It subtracts “allowable deductions” such as federal/state/local taxes, FICA/self-employment taxes, mandatory union dues, mandatory retirement contributions, certain health insurance premiums, and certain court-ordered support obligations.
This is why two people with the same gross salary can have very different “net income” numbers in court math.
A Second Safeguard Many People Miss
The statute also states that an award of alimony may not leave the payor with significantly less net income than the recipient unless there are written findings of exceptional circumstances. This provision adds another constraint that can matter in settlement negotiations.
Tax Reality Check (Often Overlooked in Budget Conversations)
For federal tax purposes, the IRS states that alimony payments under divorce or separation agreements executed after 2018 are not deductible by the payer and are not includible in income by the recipient. That tax treatment affects real “net” outcomes and is part of why Florida’s statute leans heavily on net-income calculations and documented budgets.
How Retirement Affects Alimony After the Reform
The 2023 reform dramatically clarified the rules for retirement-based modifications. Retirement provisions in the new law allow the paying spouse to seek modification requests upon reasonable retirement. Individuals paying alimony can petition for modifications upon reaching retirement age.
Under Section 61.14(1)(c), a court may reduce or terminate alimony upon written findings that the obligor has reached normal retirement age as defined by the Social Security Administration or the customary retirement age for the profession and has taken demonstrative actions to retire or has actually retired. Retirement provisions allow for alimony modifications when the paying spouse retires in good faith.
Timing matters: the statute allows an obligor to file a petition in reasonable anticipation of retirement, but no earlier than 6 months before retirement, and the modification can take effect upon a voluntary and reasonable retirement, as determined by the court. Courts must consider numerous factors when evaluating requests for retirement-based modifications.
What Is “Normal Retirement Age” for Social Security Purposes?
SSA’s retirement planner materials show that full retirement age depends on birth year (for example, people born in 1960 or later reach full retirement age at 67). Florida law uses the SSA’s definition as a benchmark when evaluating the “normal retirement age.”
The retirement framework is factor-driven. Courts must consider and make written findings on multiple factors, including age/health, type of work, customary retirement age, motivation and likelihood of returning to work, needs of the obligee, economic impact on the obligee, assets and income of both parties, and Social Security/retirement benefits payable after dissolution.
Big-Picture Trend (Why Retirement Modifications Are Increasing Nationally)
Research on demographic change and “gray divorce” pressures indicates retirement is a common inflection point for support disputes. The St. Louis Fed analysis shows divorce-related earnings volatility and provides a demographic context for why retirement transitions are financially sensitive.
Supportive Relationships, Remarriage, and When Alimony Can Be Reduced or Ended
Remarriage remains a bright-line terminating event for certain forms of alimony, and Section 61.08 states that bridge-the-gap and durational alimony terminate upon remarriage of the obligee. The new law also provides clear criteria for terminating alimony when the recipient enters a supportive relationship, cohabitates with a partner, or experiences significant life changes such as retirement. These reforms aim to eliminate indefinite financial dependence by setting clear limits on the duration of support and ending permanent alimony, creating urgency for recipients to achieve self-sufficiency. (You still typically need proper court procedures to document termination and address any arrears.)
Supportive Relationships Now Have Sharper Teeth
Section 61.14(1)(b) states the court must reduce or terminate alimony upon specific written findings that a supportive relationship has existed between the obligee and a person not related by blood or marriage.
Burden shifting and a time window for proof are built into the statute:
- The obligor must prove, by a preponderance of the evidence, that a supportive relationship exists or existed in the 365 days before the relevant petition (dissolution, separate maintenance, or modification petition).
- If proven, the burden shifts to the obligee to prove why the court should not deny/reduce an initial award or reduce/terminate an existing award.
The law lists specific factors courts must address, such as holding out as married, cohabitation duration, pooling assets/accounts, financial interdependence, financial support, services performed, joint acquisitions, and more. It also states that a conjugal relationship is not necessary and does not recognize common-law marriage or “de facto marriage”; it’s about economic equivalence.
Practical Guidance for Both Sides (Evidence Without Overreach)
Because the statute requires written findings and a detailed evaluation, supportive relationship cases often turn on financial and housing records and credible testimony, not speculation.
How the New Law Treats Existing Alimony Orders
If your final judgment and alimony order were entered before the new statute governs your initial petition, your order does not automatically change. However, alimony can be modified for individuals with existing alimony agreements if they can demonstrate a substantial change in circumstances.
But Modification Standards Matter More Than Ever
Section 61.14 remains the core modification statute, allowing either party to seek an increase, decrease, or confirmation when circumstances or financial ability change. Modification requests must follow a specific legal procedure in Florida, and seeking modifications requires careful preparation, including gathering evidence and understanding legal rights. The recent reforms create new opportunities for modification requests based on substantial changes in circumstances. Recent appellate case law emphasizes that modification is a distinct inquiry from the original award.
Case study (modification is not “starting over”):
In Beans v. Beans (1st DCA 2024), the court explained that original alimony awards and later modifications are separate functions governed by different statutes, emphasizing the central role of the modification statute (61.14) for modification disputes.
Contract Language Can Control
If your marital settlement agreement makes alimony “non-modifiable” (as to amount, duration, or both), that can constrain options even when statutes change, so your documents matter as much as the statute.
Practical Next Steps for Treasure Coast Residents Navigating Alimony Changes
The reform increases the value of preparation and documentation. Understanding the evolving legal landscape of Florida family law is crucial for achieving a fair outcome and maintaining financial stability during and after divorce. Courts are required to make written findings on need, ability, and the specific reasons for a given award or denial.
The new law emphasizes financial independence over indefinite dependency, requiring both recipients and obligors to plan strategically for their post-divorce financial futures. Mediation is often required as a preliminary step in resolving alimony disputes before they escalate to a court hearing.
Step 1: Identify Your Procedural Posture
- Is your case a new filing?
- Was your petition pending around July 1, 2023?
- Do you have a final judgment?
- Are you seeking a modification based on retirement or a supportive relationship?
These questions are not academic; Stockdale and Alfonso show that the “pending” concept can determine whether permanent alimony is even legally available in a given procedural posture.
Step 2: Gather the Documents That Drive the Math
- Financial affidavits and supporting statements
- Pay stubs, W-2s/1099s, and tax returns
- Health insurance premium records and other allowable deductions (because Florida’s net-income math for support references Section 61.30 deductions)
- Retirement statements and SSA estimates if retirement is at issue
- Housing cost documentation (leases, mortgage statements, utilities), and consider grounding rent expectations against HUD FMR benchmarks for your area
Step 3: Build a Defensible Budget
Courts require proof of actual need. Budgets that match real spending patterns and can be reconciled with bank/credit card history hold up better in negotiations and hearings.
Step 4: Think Strategically About Timing
- If retirement is approaching, the statute allows filing within a defined window (up to 6 months before retirement).
- If a supportive relationship may exist, the statute focuses on whether it existed within the 365 days before filing.
Step 5: Work with Counsel Who Knows Local Practice
While statutory rules are statewide, local procedures and expectations for evidence presentation vary, especially in busy circuits handling thousands of dissolution filings. According to OSCA’s FY 2023–24 data, Circuit 19 alone processed nearly 2,000 dissolution cases, each with its own factual complexity and procedural history.
Whatever your situation, whether you’re in Stuart starting fresh, in Fort Pierce working through a pending case, or in Jupiter wondering about your retirement options, take that first step. Gather your documents, understand how the reform affects your specific procedural posture, and connect with an experienced attorney who can navigate both the statewide statute and local judicial expectations. Working with experienced counsel can help you achieve favorable outcomes in alimony disputes through effective legal strategy and preparation. Your financial future depends on getting the details right.
**Disclaimer
The information provided in this blog is for general informational and educational purposes only and is not intended as legal advice. Laws and legal outcomes vary based on specific facts and circumstances, and the information contained herein may not reflect the most current legal developments. You should not act or refrain from acting based on any information in this blog without first seeking legal advice from a qualified attorney licensed in your jurisdiction. This blog may be produced, in whole or in part, with the assistance of generative artificial intelligence tools and is reviewed by legal professionals before publication; however, no representations are made as to its accuracy, completeness, or applicability to any specific situation. Reading or interacting with this blog does not create an attorney-client relationship between you and the firm. An attorney-client relationship is formed only through a written agreement signed by both you and the firm. This blog may be considered attorney advertising under applicable laws and ethical rules. Prior results do not guarantee a similar outcome. The firm disclaims all liability for actions taken or not taken based on the content of this blog.
