Florida’s alimony laws changed in a major way in 2023. In an episode of the Florida Family Law Podcast, firm Owner and Principal Attorney Alex Peterson explains what passed, when it took effect, and the practical changes that can shape divorce negotiations and outcomes.
The new law is Senate Bill 1416 (SB 1416), signed on June 30, 2023, with an effective date of July 1, 2023. As discussed in the episode, it applies not only to newly filed cases, but also to certain cases that were already pending as of the effective date—one reason these changes matter if your divorce was filed around mid-2023 or later.
The Biggest Changes Under SB 1416
The headline change is simple: permanent alimony was eliminated in Florida. Under prior law, permanent alimony could be awarded in long-term marriages when there was a demonstrated need and ability to pay, and it could continue indefinitely unless a terminating event occurred. Alex explains that SB 1416 removed that option entirely.
SB 1416 also added clearer limits on other types of alimony / spousal support, including both duration and amount in many situations. The law still allows several forms of alimony (temporary, bridge-the-gap, durational, rehabilitative, and lump sum), but it narrows how durational and rehabilitative alimony can be used.
Here are the key statutory takeaways Alex highlights:
- Rehabilitative alimony is capped at five years.
- Durational alimony may not be awarded after a marriage of less than three years.
- Durational alimony has time limits tied to the length of the marriage, generally capped at 50% of a short-term marriage, 60% of a moderate-term marriage, and 75% of a long-term marriage.
- Durational alimony amount is capped at the lesser of the recipient’s reasonable need or 35% of the difference between the parties’ net incomes.
Alex also explains how the “length of marriage” categories changed:
- Short-term is now less than 10 years
- Moderate-term is 10 to 20 years
- Long-term is 20+ years
Those categories matter because they influence how courts analyze duration and which limits apply.
A Practical Example of the New Income Cap
One of the most concrete changes is the new cap tied to net income. Alex gives an example: if one spouse nets $10,000 per month and the other nets $0, the statutory cap on durational alimony would be $3,500 per month (35% of the $10,000 difference), assuming the recipient’s need supports that number. The point is predictability—people can often estimate the ceiling earlier, instead of litigating based on unrealistic expectations.
Other Updates Alex Flags
Beyond the headline caps, Alex notes a few additional areas that may matter depending on the case:
- Supportive relationships: the statute provides more structure for when a payor may seek reduction or termination based on the recipient being in a supportive relationship, including how burdens of proof can shift.
- Retirement: the law includes expanded guidance on modifications when a payor is approaching retirement, including the ability to seek modification in advance (discussed as six months before planned retirement).
- Statutory factors: Alex also points out updates emphasizing income generated by assets and more detailed language around health, disability, and employability, which are issues that often drive alimony disputes.
What These Changes Mean in Real Life
Alex’s overall take is that the reform increases certainty. Even when a particular change helps one side more than the other in a given case, clearer rules can reduce protracted litigation by setting more defined parameters for negotiation, particularly around duration and maximum exposure.
At the same time, he acknowledges that some people structured their lives around the prior framework and may feel blindsided by the shift, especially in longer marriages where one spouse stayed out of the workforce with certain expectations. That tension—predictability going forward vs. disruption for some existing cases—is part of why SB 1416 has been such a major change in Florida family law.
About Family First Legal Group
Family First Legal Group represents clients in Southwest Florida in a range of divorce and family law matters, including cases involving alimony and financial issues connected to divorce.
To explore more episodes hosted by Alex Peterson, visit the Florida Family Law Podcast page.