Alimony — also called spousal support — is one of the most contested issues in Florida divorces. Whether you're seeking support or responding to a claim, understanding how Florida law works is essential to preparing for your case.
This guide covers the types of alimony available in Florida, what factors courts consider, how the 2023 law change affects your case, and what documents you need to support or defend an alimony claim.
Important: Pro Se Document Preparation is not a law firm and does not provide legal advice. We prepare documents based on information you provide. For legal advice, contact the Florida Bar Referral Service at 1-800-342-8011.
Florida Alimony Law Changed in 2023
Florida's alimony statute was significantly reformed in 2023 under SB 1416, signed into law by Governor DeSantis. The most important change: permanent alimony was eliminated for divorces filed after July 1, 2023.
If your divorce was filed before that date, prior law may still apply. If you filed after July 1, 2023, the new statute governs your case.
Under the new law, durational alimony became the maximum available for most marriages — with a cap equal to 50% of the length of the marriage. (A 20-year marriage can support alimony for up to 10 years.)
The Types of Alimony in Florida
Florida law recognizes four types of alimony after the 2023 reform:
1. Bridge-the-Gap Alimony
Purpose: Helps the receiving spouse transition from married to single life — covering short-term, identifiable needs.
Duration: Cannot exceed 2 years. Terminates on the death of either party or remarriage of the recipient. Cannot be modified.
Best for: Short-term financial gaps after separation — for example, getting established in a new home or covering living expenses while job searching.
2. Rehabilitative Alimony
Purpose: Supports the receiving spouse while they gain education, training, or work experience needed to become self-supporting.
Duration: Based on a specific rehabilitative plan — a written plan outlining the training, timeline, and projected cost must be submitted to the court.
Can be modified if the plan is completed early, the plan fails, or circumstances change substantially.
3. Durational Alimony
Purpose: Provides support for a set period when permanent alimony is inappropriate but the receiving spouse needs financial assistance beyond what bridge-the-gap provides.
Duration cap (post-2023):
- Short-term marriage (under 10 years): up to 50% of the length of the marriage
- Moderate-term marriage (10–20 years): up to 60% of the length of the marriage
- Long-term marriage (20+ years): up to 75% of the length of the marriage
Terminates upon death of either party or remarriage of the recipient. Can be modified based on substantial change in circumstances.
4. Permanent (Rare — Pre-July 2023 Cases Only)
Before SB 1416, permanent alimony was available for long-term marriages where one spouse had significantly greater financial means and the other had a demonstrated ongoing need. This type is no longer available for cases filed after July 1, 2023. Existing permanent alimony orders from prior cases remain in effect.
What Factors Do Florida Courts Consider?
Courts don't calculate alimony from a formula the way child support is calculated. Instead, judges weigh a specific set of statutory factors. The two foundational questions are:
- Does the requesting spouse have a need for alimony?
- Does the other spouse have the ability to pay?
If the answer to both is yes, the court then considers:
- Length of the marriage — Short (under 10 years), moderate (10–20 years), or long-term (20+ years)
- Standard of living established during the marriage
- Age and physical/emotional condition of each party
- Financial resources of each party — including non-marital and marital assets and liabilities
- Earning capacities — education, employment history, and current job prospects
- Contributions to the marriage — including homemaking and childcare
- Responsibilities toward minor children — affecting a parent's ability to work
- Tax treatment of alimony payments
- Any other relevant factor the court deems equitable
There is no automatic formula, which makes the Financial Affidavit the most critical document in any alimony case. It's how the court sees each party's actual financial picture.
The Documents That Win (or Defend) an Alimony Claim
Florida Financial Affidavit — Long Form (Form 12.902(c))
This is the cornerstone of any alimony dispute. The Long Form Financial Affidavit is required for any party with gross income of $50,000 or more per year — which includes most alimony cases.
The Long Form requires a detailed breakdown of:
- All sources of monthly income
- Monthly living expenses (current and marital standard of living)
- All assets (bank accounts, retirement funds, real estate, investments)
- All liabilities (mortgages, loans, credit cards)
Filing an incomplete or inaccurate Financial Affidavit is one of the most damaging mistakes a party can make. Courts notice discrepancies, and the other side's attorney will look for them.
The Financial Affidavit (Long Form) can be prepared by our document preparation service — you provide the figures, we prepare the correct form.
Supporting Income Documentation
- Last 3 years of federal income tax returns (and W-2s/1099s)
- Recent pay stubs (last 3 months)
- Documentation of bonuses, commissions, or self-employment income
- Business tax returns if self-employed
Evidence of Standard of Living
Courts evaluate what the couple's standard of living was during the marriage. Gather:
- Prior year bank statements showing spending patterns
- Credit card statements
- Documentation of joint expenses (mortgage, car payments, vacations, etc.)
Evidence of Need or Ability to Pay
- Job application records (if seeking alimony and claiming inability to find work)
- Education records and credentials
- Medical documentation of any disability affecting earning capacity
- Records showing the other party's business income or investments
How to Request or Respond to Alimony
Requesting Alimony
Alimony is requested in the Petition for Dissolution of Marriage. You'll check the box requesting alimony and, in your final hearing or trial, present evidence of need and the other party's ability to pay. A Proposed Final Judgment should include the specific type, amount, and duration of alimony you're seeking.
Responding to an Alimony Claim
If your spouse's petition requests alimony, you can address it in your Answer and Counterpetition — either consenting, objecting, or requesting different terms. Your Financial Affidavit showing income and expenses becomes your primary defense if you're contesting the ability to pay.
Modifying Alimony
Most types of alimony (except bridge-the-gap) can be modified if there is a substantial change in circumstances — for example, a significant change in either party's income, the recipient's remarriage, or cohabitation with a supportive partner.
Get Help With Your Alimony Documents
Alimony cases are document-intensive. Every number matters, and a correctly prepared Financial Affidavit can make a real difference in how a judge evaluates your case.
👉 Financial Affidavit (Long Form) — $85 The Long Form (Form 12.902(c)) is required in most alimony cases. We prepare it accurately based on the information you provide — ready to sign, notarize, and file.
👉 Contested Divorce Package (Full Preparation Through Trial) — $1,500 Includes all documents needed from petition through trial — including the Financial Affidavit, Mandatory Disclosures, Pretrial Statement, and Proposed Final Judgment.
Pro Se Document Preparation is not a law firm and does not provide legal advice. We prepare documents based on information you provide. For legal advice, contact the Florida Bar Referral Service at 1-800-342-8011.