Permanent Alimony in Florida: What You Need to Know in 2026
Permanent alimony remains one of the most contested issues in Florida divorce cases. Whether you're seeking financial support or concerned about a lifetime payment obligation, understanding how Florida courts approach permanent alimony is essential for protecting your financial future.
Key Takeaways
- Florida still allows permanent alimony, but only in specific circumstances under § 61.08
- Courts must first establish need (recipient) and ability to pay (payer) before awarding any alimony
- Marriage length matters: Long-term marriages (17+ years) carry a presumption favoring permanent alimony
- Permanent alimony can be modified or terminated due to remarriage, cohabitation, or substantial change in circumstances
- As of January 1, 2019, alimony is not tax-deductible for payers and not taxable income for recipients
In This Article
- What Is Alimony and Why Does It Exist?
- Four Types of Alimony in Florida
- When Is Permanent Alimony Awarded?
- The Need and Ability to Pay Standard
- Factors Courts Consider for Alimony
- How Marriage Length Affects Your Case
- Can Permanent Alimony Be Modified?
- Tax Implications of Alimony
- Building Your Alimony Case
- Frequently Asked Questions
What Is Alimony and Why Does It Exist?
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 after divorce. It's not about punishment; it's about ensuring one spouse isn't left at a significant financial disadvantage after the marriage ends.
The purpose of alimony is to recognize that during marriage, spouses often make joint decisions about careers, education, and family responsibilities. One spouse may have sacrificed career advancement to raise children or support the other spouse's career. Alimony helps balance these sacrifices when the marriage ends.
Florida Statute § 61.08 governs all alimony awards in Florida, including the types of alimony available, factors courts must consider, and the standards for permanent alimony.
Four Types of Alimony in Florida
Under Florida Statute § 61.08, there are four primary types of alimony. Understanding how they differ helps you know whether permanent alimony might apply to your situation.
| Type | Purpose | Duration | Typical Use |
|---|---|---|---|
| Bridge-the-Gap | Help spouse transition from married to single life | Up to 2 years maximum | Short-term needs like finding housing, getting established |
| Rehabilitative | Support while spouse develops skills or education to re-enter workforce | Duration of rehabilitation plan | Completing degree, certification, or job training |
| Durational | Provide support for a set period when permanent alimony isn't appropriate | Cannot exceed length of marriage | Moderate-term marriages; defined end point |
| Permanent | Ongoing support when spouse cannot become self-supporting | Until death, remarriage, or modification | Long-term marriages; significant need established |
This article focuses on permanent alimony, which has been at the center of legal and legislative debate in Florida for years. Understanding when it applies and when it doesn't, is crucial for anyone going through a divorce.
When Is Permanent Alimony Awarded?
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 at a standard of living reasonably comparable to that enjoyed during the marriage
- This inability is due to age, health, or economic dependence developed during the marriage
- No other form of alimony (like rehabilitative or durational) would be fair or reasonable under the circumstances
Permanent alimony is the last resort. Courts must consider and reject all other forms of alimony before awarding permanent support. If rehabilitative or durational alimony could meet the spouse's needs, permanent alimony typically won't be awarded. See § 61.08(8), Florida Statutes.
The Need and Ability to Pay Standard
Before a Florida court awards any type of alimony, it must first determine two threshold requirements:
The spouse seeking alimony must demonstrate a legitimate financial need. This means showing that:
- Their reasonable monthly expenses exceed their income
- They cannot maintain the marital standard of living independently
- The need arose from circumstances of the marriage
The other spouse must have the financial capacity to pay alimony. This means showing that:
- Their income exceeds their reasonable expenses
- They have surplus funds available after meeting their own needs
- Payment won't leave them unable to meet basic obligations
If either element is missing, alimony cannot be awarded. Even if one spouse has significant need, if the other spouse genuinely cannot afford to pay, the court won't order alimony. Conversely, even if one spouse has the ability to pay, if the other has no legitimate need, there's no basis for an award. See § 61.08(2), Florida Statutes.
Factors Courts Consider for Alimony
Once need and ability to pay are established, the court evaluates several statutory factors to decide what kind of alimony is appropriate and how much. Florida Statute § 61.08(2)(a–j) lists these factors:
Length of Marriage
Duration is one of the most significant factors in alimony determinations
Standard of Living
The lifestyle established during the marriage
Age and Health
Physical and emotional condition of both spouses
Financial Resources
Both marital and non-marital assets of each party
Earning Capacity
Education, skills, employability, and time needed to acquire training
Contributions to Marriage
Including homemaking, childcare, and career support
Parental Responsibilities
Childcare duties that may limit employment
Tax Implications
How alimony affects each party's tax situation
Courts must consider all relevant factors, no single factor automatically determines the outcome. A judge has discretion to weigh factors differently based on the specific circumstances of your case. This is why experienced legal representation matters.
How Marriage Length Affects Your Case
The duration of your marriage is one of the most significant factors in determining whether permanent alimony is appropriate. Florida law creates three categories with different presumptions:
Short-Term Marriage
Under 7 YearsThere is a presumption against permanent alimony in short-term marriages. The requesting spouse must overcome this presumption with clear evidence of exceptional circumstances.
Moderate-Term Marriage
7–17 YearsNo presumption exists either way. Courts weigh all the statutory factors and make a determination based on the specific facts of the case.
Long-Term Marriage
17+ YearsThere is a presumption in favor of permanent alimony in long-term marriages. The paying spouse must prove why permanent alimony is not appropriate.
These presumptions are not automatic outcomes. Even in a 20-year marriage, the court might deny permanent alimony if the requesting spouse has significant earning capacity or assets. Conversely, exceptional circumstances in a shorter marriage could support permanent alimony. Work with an experienced family law attorney to understand how your specific facts affect these presumptions.
Concerned About Alimony in Your Divorce?
Whether you're seeking support or worried about a lifetime obligation, understanding your rights is the first step. Let's discuss your situation and develop a strategy tailored to your goals.
Book a Strategy SessionCan Permanent Alimony Be Modified or Terminated?
Yes, "permanent" doesn't mean untouchable. Florida law allows permanent alimony to be modified or terminated under certain circumstances. Either party can petition the court for a change, but they must provide proof of a significant change in circumstances.
Common Triggers for Modification or Termination
Remarriage
Alimony automatically terminates when recipient remarries
Supportive Cohabitation
Living with a new partner in a financially supportive relationship
Health Changes
Significant illness affecting ability to pay or reducing need
Job Loss
Involuntary unemployment affecting payer's ability
Retirement
Reaching normal retirement age and reduced income
Income Changes
Substantial increase or decrease in either party's income
If you're wondering how retirement specifically affects alimony obligations, read our detailed guide on How Retirement Affects Alimony in Florida.
To modify alimony, you must prove a substantial, material, and unanticipated change in circumstances since the original order. Minor fluctuations in income or temporary setbacks typically won't be enough. The change must be significant and permanent (or long-lasting) in nature.
Tax Implications of Alimony
The tax treatment of alimony changed significantly with the Tax Cuts and Jobs Act of 2017. Understanding these rules is crucial for evaluating alimony proposals.
Current Tax Rules (Divorces After 12/31/2018)
- For the Payer: Alimony is not tax-deductible
- For the Recipient: Alimony is not taxable income
Important: These rules apply to divorces finalized after December 31, 2018, and to pre-2019 divorces that have been modified to expressly adopt the new tax treatment. If your divorce was finalized before 2019 and hasn't been modified, the old rules (deductible/taxable) may still apply.
Why This Matters for Negotiations
Under the old tax rules, alimony was effectively "tax-advantaged" because the higher-earning payer could deduct it (reducing their tax burden) while the lower-earning recipient paid taxes at a lower rate. This created a larger "pie" to divide.
Under current rules, every dollar of alimony costs the payer a full dollar. This has made alimony negotiations more contentious and has led some courts and parties to consider alternative arrangements, such as:
- Larger property settlements in lieu of alimony
- Lump-sum alimony payments
- Different allocation of marital property
- Retirement account divisions (which have different tax implications)
Speaking of retirement, many divorcing couples wonder whether alimony and retirement assets intersect. Learn more in our article: Can My Spouse Take My Retirement in a Florida Divorce?
Building Your Alimony Case
Whether you're pursuing or challenging a permanent alimony request, preparation is key. Here's what you should focus on depending on your position:
- Document your financial need: Gather bank statements, bills, and a detailed monthly budget showing expenses exceed income
- Demonstrate limited employability: Document health conditions, gaps in employment history, or outdated skills
- Emphasize marital contributions: Quantify your role as homemaker, caregiver, or support for your spouse's career
- Obtain medical records: If health issues limit your ability to work, have documentation ready
- Show the marital standard of living: Document the lifestyle established during marriage (housing, travel, expenses)
- Explain why other alimony types won't work: Be prepared to show rehabilitative or durational alimony is insufficient
- Present employability evidence: Show your spouse has marketable skills, education, or work history
- Document their income potential: Gather evidence of their earning capacity, even if currently unemployed
- Highlight their assets: Non-marital assets or separate property that reduces their need
- Propose alternatives: Argue for rehabilitative or durational alimony with a clear end date
- Challenge the standard of living claim: Show the claimed lifestyle exceeds what was actually established
- Document your own financial limitations: Show your actual ability to pay after meeting your own obligations
There has 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. Florida's alimony laws may change, it's essential to work with a legal team that stays current on Florida divorce law developments.
Frequently Asked Questions About Permanent Alimony
For divorces finalized after December 31, 2018, no. Under the Tax Cuts and Jobs Act of 2017, alimony is no longer tax-deductible for the payer or taxable to the recipient. However, if your divorce was finalized before 2019 and hasn't been modified, the old rules may still apply to your case.
Yes. Florida law is completely gender-neutral when it comes to alimony. Either spouse can request alimony, and either can be ordered to pay, depending on who has the need and who has the ability to pay. The same factors apply regardless of gender.
Yes, alimony can be waived or limited through a prenuptial or postnuptial agreement but the agreement must meet Florida's legal standards to be enforceable. This includes full financial disclosure, voluntary signing without duress, and terms that aren't unconscionable. Courts scrutinize these waivers carefully, especially if circumstances have changed significantly since signing.
There's no fixed formula for calculating alimony in Florida. Unlike child support, which uses statutory guidelines, alimony is determined by the court after weighing all the statutory factors: need, ability to pay, standard of living, length of marriage, contributions, and more. This gives judges significant discretion, which is why experienced representation matters.
Durational alimony provides support for a set period of time and cannot exceed the length of the marriage. It has a defined end date. Permanent alimony continues indefinitely until death, remarriage, or a court-ordered modification. Permanent alimony is generally reserved for situations where the recipient cannot become self-supporting at a comparable standard of living.
If your ex-spouse enters a "supportive relationship" (cohabitation with a new partner who provides financial support), you can petition the court to reduce or terminate alimony. You'll need to prove the relationship exists and that it reduces your ex's financial need. The court will examine factors like shared finances, shared residence, and intertwined lives. Simply dating someone won't typically be enough.
Yes, and this is often preferable. Mediation allows both spouses to negotiate alimony terms with more flexibility than a court might allow. You can create creative solutions like a lump sum payment, step-down provisions, or specific termination triggers, that a judge might not order. If you reach an agreement, the court will typically approve it as long as it's not unconscionable.
Alimony disputes can add significant time to your divorce case. If alimony is contested, expect the divorce process to take 6-18 months or longer, depending on the complexity of your finances and the court's schedule. Contested divorces with significant alimony disputes sometimes require financial experts, vocational evaluations, and multiple hearings.
If you suspect your spouse is hiding income or assets, your attorney can use the discovery process to investigate. This includes subpoenas for financial records, depositions, and potentially hiring a forensic accountant. Courts take financial dishonesty seriously, if caught, your spouse could face sanctions and an unfavorable ruling. Full disclosure is required under Florida law.
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.
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