Changes to FL Law has a Big Effect on Paying or Receiving Spousal Support
Bonnie Klein Rhoden, Esquire (Updated July 4, 2025)
Why This Matters
On July 1, 2023 The new statute took Effect. Florida’s Legislature passed SB 1416, rewriting Florida Statute § 61.08 and eliminating lifelong (“permanent”) alimony. If you’re divorcing in Brevard County—or anywhere in Florida—knowing the new limits can help you negotiate, mediate, or, if necessary, litigate more confidently.
1. The Four Remaining Forms of Alimony
| Alimony Type | Key Purpose | Maximum Duration | Early Termination Triggers |
|---|---|---|---|
| Bridge-the-Gap | Covers short-term, immediate post-divorce needs (e.g., moving costs). | 2 years – cannot be extended. | Automatic if either spouse dies or the recipient remarries. |
| Rehabilitative | Funds a specific education or training plan that restores earning capacity. | 5 years total. | Finishes sooner if the plan is completed or recipient is non-compliant. |
| Durational | Provides support when other forms are inadequate. | Tied to length of marriage (see chart below). | Same as above; may also be modified if a “substantial, material, and unanticipated change” occurs. |
| Temporary (Pendente Lite) | Support while the divorce is pending. | Ends at final judgment. | N/A – automatically ends when the divorce is finalized. |
Durational Alimony Caps to Length of Support
Durational alimony is tied to both the length of your marriage as well as to the net incomes of both parties to the divorce.
| Marriage Length | Statutory Label | Maximum Duration of Payments |
|---|---|---|
| < 3 years | No durational alimony available | – |
| 3 – <10 years | Short-term | 50 % of the marriage’s length |
| 10 – <20 years | Moderate-term | 60 % of the marriage’s length |
| ≥ 20 years | Long-term | 75 % of the marriage’s length |
Exception: Courts can exceed these caps only in “exceptional circumstances,” and the judge must make written findings supported by clear and convincing evidence.
2. How Amounts Are Calculated
- The monthly award may not exceed the recipient’s demonstrated need or 35 % of the difference between the parties’ net incomes—whichever is less.
- A person’s need is what it costs to live life based somewhat on how the marriage provided but there is still consideration of the paying spouse’s ability to pay (or ability to keep the payee’s lifestyle similar to the marriage.)
- Your financial affidavit is the first place to start with establishing your need. Be detailed in preparing it. Don’t forget things like the vet visits, oil changes, tires, a new roof, subscriptions, etc. all broken down to an average monthly cost (for example: the roof would be the total cost divided by 20 years then by 12 months).
- Judges must also weigh the familiar statutory factors (e.g., earning capacity, child-care responsibilities, standard of living, age and health of each spouse).
3. When Alimony Ends Automatically
- Death of either party
- Remarriage of the recipient spouse
- Supportive relationship: If the payer proves that the recipient lives in a relationship “supportive in nature” (co-habitation that functions like a marriage), the court can reduce or terminate support.
- Completion or non-compliance with a rehabilitative plan (for rehabilitative alimony).
4. Practical Tips for Brevard County Couples
- Mediation first: With strict statutory caps, most judges will not deviate absent extraordinary facts. Negotiating within the limits can save thousands in fees. Find your middle ground and remember the saying, “Old Wife before New Life.”
- Document need: Bridge-the-gap and rehabilitative awards require concrete evidence—moving quotes, tuition schedules, a detailed career plan, etc.
- Watch the calendar: A 9-year marriage tops out at 4.5 years of durational payments; stalling the divorce until the 10-year mark could add another year of support.
- Budget for taxes: As of 2019 federal law, alimony is not deductible by the payer nor taxable to the recipient—plan cash flow accordingly.
5. Key Take-Away
Florida now treats alimony as a temporary safety net, not a lifetime entitlement. Bridge-the-gap is capped at 2 years, rehabilitative at 5, and durational alimony runs 50 %–75 % of the marriage length—with zero durational alimony for marriages under three years. Permanent alimony is history.
Need Help Navigating Alimony?
If you have questions about Florida’s new alimony rules or need guidance during your divorce, contact Rhoden Law Group at 321-549-3162 (call/text) or use the contact form on this site. We serve clients in Melbourne, Titusville, Viera, Palm Bay, the beaches, and throughout Brevard County.