· by Hanna Carolina · 5 min read
Under Florida's current law, permanent alimony no longer exists. Courts can award bridge-the-gap, rehabilitative, or durational alimony, and temporary support while the case is pending. Whether alimony is awarded, and for how long, depends mostly on one spouse's need, the other's ability to pay, and the length of the marriage.
If you are worried about paying or receiving support, you are not alone, and the rules changed significantly in 2023. At Ilvento Law, we help Orlando spouses understand where they stand before they make decisions. To talk with a divorce attorney about your situation, contact our office at (407) 898-0747.
What types of alimony do Florida courts award?
Florida courts can award temporary alimony during the case, plus three types after the divorce: bridge-the-gap, rehabilitative, and durational. Each one serves a different purpose and has its own limits.
Temporary alimony helps a spouse cover living expenses while the divorce is pending. Bridge-the-gap alimony covers short-term needs as someone moves from married life to single life, such as finding housing, and cannot exceed two years. Rehabilitative alimony supports a spouse while they complete education, training, or work experience to become self-supporting. It requires a specific, defined plan and is generally limited to five years.
Durational alimony provides support for a set period after a marriage of at least three years. It is the type most people mean when they think of ongoing payments. In Orange County, divorces are handled through the Ninth Judicial Circuit at the courthouse downtown, and judges there apply the same statewide rules. The type of support you seek, or oppose, shapes the evidence you need, which is why it pays to work with an experienced divorce lawyer from the start.
How do length of marriage and income affect an alimony award?
The length of the marriage sets the outer limits on durational alimony, and income determines whether support is needed and how much is fair. A court must first find that one spouse has a real need and the other has the ability to pay.
Florida measures marriage length from the wedding date to the date the divorce petition is filed. A marriage under 10 years is considered short term, 10 to 20 years is moderate term, and 20 years or more is long term. Those categories matter because they cap how long durational alimony can last.
Income goes beyond salaries. Courts look at both spouses' earnings, earning ability, assets, the standard of living during the marriage, contributions such as raising children or supporting a spouse's career, and health. For many Orlando families, careers tied to the area's large employers, from the hospitals to the theme parks along I-4, involve bonuses, shift pay, or commissions, and accurately documenting that income can change the outcome considerably. It is one of the first things a good divorce attorney will ask you to gather.
What do the recent statutory changes mean for durational alimony?
The 2023 changes put firm limits on durational alimony. It is not available for marriages under three years, and its length is capped at a percentage of the marriage. The amount is generally capped too.
For a short-term marriage, durational alimony generally cannot exceed 50 percent of the length of the marriage. For a moderate-term marriage, the cap is 60 percent, and for a long-term marriage, it is 75 percent. The amount is generally limited to the lesser of the recipient's reasonable need or 35 percent of the difference between the spouses' net incomes. Courts can depart from these limits only in exceptional circumstances, with written findings.
The law also addresses retirement, allowing a paying spouse to seek modification as they approach a reasonable retirement age. Because these rules are newer, much of the advice you find online is out of date. One Orlando client came to our offices armed with alimony advice from a sibling, a neighbor, and a decades-old online article, and he was confused because each gave a different account of the law. We clearly laid out the current law given his position. Every case depends on its facts, so your own numbers deserve a careful review.
How does a divorce attorney build a strong alimony position for you?
We build a strong position by gathering clear financial evidence, presenting your need or the limits of your ability to pay, and applying the current statute to your exact facts. Preparation is what protects you, whether you expect to pay or receive support.
That starts with a full picture of income, expenses, assets, and debts for both spouses, including the financial affidavits Florida requires. We look for hidden or understated income, realistic budgets, and the factors the court must consider. If you are the paying spouse, we focus on fair limits and the statutory caps. If you are seeking support, we document your need and a realistic path forward.
Alimony also connects to the rest of your case, including property division, child support, and timesharing. Our family law attorney team considers how each piece affects the others, so a decision in one area does not undercut you in another. Many cases resolve through negotiation or mediation, and a strong position makes a fair settlement more likely.
Worried about what alimony could mean for your future? Call Ilvento Law at (407) 898-0747, or schedule a consultation with our divorce attorney, and get clear answers based on Florida's current law.