If you’re considering divorce or already going through the process, one of the most important financial topics to understand is alimony—especially permanent alimony.
Alimony is court-ordered financial support from one spouse to the other. It’s not about punishment; it’s about ensuring one spouse isn’t left at a significant financial disadvantage after the marriage ends. If you’re concerned about how alimony might affect your future, you’re not alone—and I’m here to help walk you through it.
Types of Alimony in Florida
Under Florida Statute §61.08, there are four primary types of alimony:
- Bridge-the-gap alimony – Short-term support that helps one spouse transition to single life.
- Rehabilitative alimony – Helps a spouse develop skills, education, or experience to re-enter the workforce.
- Durational alimony – Provides support for a set period, especially in moderate or short-term marriages.
- Permanent alimony – Ongoing support, typically awarded in long-term marriages where one spouse cannot become self-supporting.
This article focuses on permanent alimony, which has recently been at the center of legal and legislative debate in Florida.
If you’re wondering, How Retirement Affects Alimony in Florida? You’ll want to read that article.
When Is Permanent Alimony Considered?
Florida still allows permanent alimony—but only in specific situations. Courts don’t use a calculator or fixed formula. Instead, judges weigh multiple factors and look closely at your unique situation.
Permanent alimony may be awarded when:
- One spouse cannot become self-supporting, due to age, health, or a long-term economic dependence developed during the marriage.
- No other form of alimony (like rehabilitative or durational) would be fair or reasonable.
See Florida Statute §61.08(8).
What Must Be Proven for Any Alimony Award?
Before a Florida court awards any type of alimony, it must first determine:
- The spouse seeking alimony has a need; and
- The other spouse has the ability to pay.
If either is missing, alimony cannot be awarded.
See Florida Statute §61.08(2).
Key Factors Judges Consider
Once need and ability to pay are established, the court evaluates several factors to decide what kind of alimony is appropriate, and how much. These include:
- Length of the marriage
- Standard of living during the marriage
- Age and health of both spouses
- Financial resources (including marital and non-marital assets)
- Earning potential and education level
- Contributions to the marriage (including raising children or supporting a spouse’s career)
- Responsibilities for children
- Tax implications
- Any other relevant details
You can find the full list in Florida Statute §61.08(2)(a–j).
Does Length of Marriage Matter?
Absolutely. Duration plays a major role in alimony decisions:
- Long-Term Marriage (17+ years)
Courts presume permanent alimony is appropriate unless clearly proven otherwise.
See: Hill v. Hooton, 776 So. 2d 1004 (Fla. 5th DCA 2001) - Moderate-Term Marriage (7–17 years)
No presumption exists. Courts weigh the facts on a case-by-case basis. - Short-Term Marriage (Under 7 years)
There is a presumption against permanent alimony.
See: Pearce v. Pearce, 43 So. 3d 95 (Fla. 3d DCA 2010)
Can Permanent Alimony Be Modified?
Yes, permanent doesn’t mean untouchable. It can be modified or terminated if:
- The recipient remarries
- There’s a substantial change in circumstances (e.g., job loss, retirement, illness)
- The recipient begins cohabitating in a financially supportive relationship
Either party can petition the court for a modification, but they must provide proof of a significant change.
Legislative Updates to Be Aware Of
There’s been a strong push in recent years to reform or eliminate permanent alimony in Florida. Although it remains legal, proposed changes could impact eligibility or future modifications. It’s essential to work with a legal team that stays up to date on Florida divorce law.
How to Strengthen Your Alimony Case (For or Against)
Whether you’re pursuing or challenging a permanent alimony request, preparation is key.
If you’re requesting permanent alimony:
- Gather financial documents showing your need
- Demonstrate limited employability or health issues
- Emphasize your contributions to the household (e.g., full-time caregiver)
- Obtain medical records if applicable
If you’re opposing it:
- Present evidence that your spouse is employable
- Document their income, assets, or professional skills
- Argue for shorter-term support (durational or rehabilitative)
Every case is different. I can help you develop a strategy based on the facts and your goals.
Book a strategy meeting with me here.
Alimony FAQs
Is permanent alimony taxable?
No. Under the Tax Cuts and Jobs Act of 2017, alimony is no longer tax-deductible for the payer or taxable to the recipient for divorces finalized after 12/31/2018.
Can men receive alimony?
Yes. Florida law is gender-neutral. Men and women are both eligible if the legal criteria are met.
Can it be waived?
Yes, through a prenuptial or divorce settlement agreement—but it must meet legal standards to be enforceable.
How is the amount calculated?
There’s no fixed formula. Courts balance multiple factors like need, ability to pay, and standard of living.
What’s the difference between durational and permanent alimony?
Durational alimony ends after a set period. Permanent alimony continues indefinitely—unless modified.
Final Thoughts: You Don’t Have to Navigate This Alone
Permanent alimony can shape your financial future for years to come. Whether you’re trying to secure support or protect your long-term assets, you deserve a legal team that understands the stakes and will advocate for your best interests.
If you’re ready to discuss your situation, reach out to schedule a confidential consultation, or call my office directly at 561-208-1859. I’ll be here to listen, guide, and fight for a solution that makes sense for you.
Looking for more resources?
