How Long Must Spouses Be Married to Qualify for Alimony in Florida?
Christopher S. Mulligan, Esq. explains that Florida imposes no single minimum marriage length across all forms of alimony under Fla. Stat. §61.08 — but durational alimony, the primary ongoing-support option since permanent alimony was eliminated, cannot be awarded for a marriage shorter than three years.
For cases filed on or after July 1, 2023, Florida eliminated permanent alimony and capped support at 35% of the difference between both spouses’ net incomes for durational awards specifically.
Marriages that clear the three-year durational threshold fall into three categories — short-term (under 10 years), moderate-term (10-20 years), and long-term (20 years or more) — each carrying its own durational alimony cap.
Key Takeaways
- Florida does not set one universal minimum marriage length for every form of alimony, but durational alimony — the form replacing permanent alimony — cannot be awarded for a marriage under three years (Fla. Stat. §61.08(8)(a)).
- Marriages filed on or after July 1, 2023 fall into three categories: short-term (under 10 years), moderate-term (10-20 years), and long-term (20+ years).
- Permanent alimony no longer exists for cases filed after July 1, 2023; courts may award only temporary, bridge-the-gap, rehabilitative, or durational alimony.
- Durational alimony’s amount is capped at the lesser of reasonable need or 35% of the difference between both spouses’ net incomes, and its length is limited to 50%, 60%, or 75% of the marriage length depending on category, absent a showing of exceptional circumstances.
Marriages that end after decades together now face capped support rather than open-ended alimony, and marriages under three years generally fall outside durational alimony altogether. Mulligan & Associates helps Florida spouses navigate the new limits.
Does Florida Require a Minimum Marriage Length for Alimony?
The answer depends on which type of alimony is at issue. Florida does not name a single marriage-length floor that applies to every alimony type under Fla. Stat. §61.08 — but durational alimony, the primary form of ongoing support since the 2023 reform eliminated permanent alimony, carries its own explicit three-year floor.
The Three-Year Durational Alimony Threshold
Fla. Stat. §61.08(8)(a) states plainly that durational alimony may not be awarded following a marriage lasting less than three years. A spouse divorcing after a two-year marriage is not automatically shut out of every form of support — bridge-the-gap or rehabilitative alimony may still apply on the right facts — but that spouse cannot receive the fixed-term, income-based durational award that governs most longer marriages.
Marriage Duration as One Factor Alongside Income and Contributions
A short marriage does not automatically disqualify a spouse from support, and a long marriage does not guarantee it. Judges weigh duration alongside income, earning capacity, and each spouse’s contribution to the household before deciding whether alimony is appropriate at all.
Why the 2023 Reform Made Duration More Important
Since Florida tied durational alimony’s maximum length directly to marriage-length categories in 2023 — on top of the pre-existing three-year floor — the exact number of years a couple was married now shapes both whether durational alimony is available at all and how long it can last.
What Marriage-Length Categories Apply After the 2023 Reform?
Short-term, moderate-term, and long-term marriage are the three duration classifications Fla. Stat. §61.08 uses as a rebuttable presumption to set durational alimony caps for cases filed on or after July 1, 2023.
These classifications are separate from the three-year minimum marriage duration required for eligibility for durational alimony in the first place.
Updated Category Thresholds
| Marriage Category | Length | Durational Alimony Cap |
| Short-term | Under 10 years | 50% of marriage length |
| Moderate-term | 10–20 years | 60% of marriage length |
| Long-term | 20 years or more | 75% of marriage length |
Why These Thresholds Changed From the Prior Law
Florida’s alimony statute previously used 7-year and 17-year thresholds. Fla. Stat. §61.08 raised those thresholds to 10 years and 20 years for any case filed on or after July 1, 2023, so a marriage that once qualified as long-term under the old rule may now fall into the moderate-term category. Because these classifications are a rebuttable presumption rather than a fixed rule, a party can present evidence that a marriage should be treated differently than its raw duration would suggest.
What Types of Alimony Can Florida Courts Award Now?
Florida courts may award four types of alimony under current law: temporary, bridge-the-gap, rehabilitative, and durational. Permanent alimony is no longer available for new cases.
Bridge-the-gap alimony is a short-term award under Fla. Stat. §61.08 that helps a spouse transition from married to single life and may not exceed 2 years. Unlike durational alimony, bridge-the-gap and rehabilitative alimony carry no statutory marriage-length minimum.
| Alimony Type | Purpose | Maximum Duration |
| Temporary | Support during pending divorce litigation | Ends at final judgment |
| Bridge-the-gap | Short-term transition to single life | 2 years maximum |
| Rehabilitative | Funds a specific job training or education plan | 5 years maximum, tied to the rehabilitation plan |
| Durational | Fixed-term support after the marriage ends | 50%, 60%, or 75% of marriage length by category (3+ years; extendable in exceptional circumstances) |
Why Permanent Alimony No Longer Applies to New Cases
Senate Bill 1416 eliminated permanent alimony as an available remedy for divorces filed on or after July 1, 2023, so a spouse filing today cannot request the indefinite support that was previously available in long-term marriages.
How Much Alimony Can a Court Award Under the 35% Cap?
Durational alimony is capped at the lesser of the recipient’s reasonable needs or 35% of the difference between the spouses’ net incomes, and is tied to a fixed period based on the length of the marriage.
This 35% figure applies specifically to durational alimony under Fla. Stat. §61.08(8) — it is not a universal ceiling for all alimony types.
The Net-Income Cap Calculation
Under Fla. Stat. §61.08(8), a court awarding durational alimony cannot order an amount exceeding 35% of the difference between both spouses’ net incomes. This formula sets one statutory maximum, not a prediction of the actual award — the final amount still depends on the net-income calculation, reasonable need, ability to pay, and the court’s findings on the case’s specific facts.
Need and Ability to Pay Still Apply
The 35% figure sets a ceiling, not a guarantee. A court must still find that the requesting spouse has a genuine financial need and that the other spouse has the ability to pay before awarding any amount up to that cap.
A durational alimony calculation depends entirely on marriage length and net income figures. Mulligan & Associates helps Florida spouses build an accurate, evidence-based case.
What Factors Do Courts Weigh Beyond Marriage Length?
Florida courts weigh several named factors under Fla. Stat. §61.08 — including income, standard of living, and each spouse’s contribution to the marriage — before setting an alimony amount.
Income and Earning Capacity of Each Spouse
Courts examine both spouses’ current income and future earning capacity, including education level, job skills, and work history. A spouse who left the workforce to raise children may have their earning potential considered if they return to work.
Standard of Living and Contributions to the Marriage
The marital standard of living is one statutory factor among several that courts consider, alongside both financial contributions, such as income and investments, and non-financial contributions, such as childcare and homemaking. It informs a court’s analysis rather than guaranteeing any particular outcome for the lower-earning spouse.
Do Pre-2023 Alimony Orders Still Apply?
An alimony order finalized before July 1, 2023, including a permanent alimony award, remains in effect and is not automatically rewritten by the 2023 reform, so parties do not need to refile simply because the law has changed.
Modifying an Existing Permanent Alimony Order
A party to a pre-2023 permanent alimony order may still petition the court for modification if circumstances have substantially changed, but the order itself does not convert to a capped, time-limited award automatically.
How Does Retirement Affect an Alimony Obligation?
Fla. Stat. §61.14(1)(c) allows a paying spouse to petition for modification or termination of alimony upon reaching the normal retirement age set by the Social Security Administration or the customary retirement age for that spouse’s profession, so retirement does not have to mean continuing an obligation set decades earlier. Fla. Stat. §61.08 cross-references this retirement provision as one of the factors courts may weigh in setting or revisiting an award.
Filing for Modification at Retirement Age
A paying spouse nearing Social Security’s full retirement age may file a petition asking the court to reduce or end an alimony obligation, but must show demonstrated efforts toward retirement or that retirement has actually occurred. The court still weighs the recipient spouse’s continued financial need, among other statutory factors, before ruling.
Retirement or a documented change in financial circumstances can each justify petitioning to revisit an existing alimony order. Mulligan & Associates has represented Fifth Judicial Circuit families since 2007.
Frequently Asked Questions
Is there a minimum number of years a couple must be married to qualify for alimony in Florida?
There is no single minimum that applies to every alimony type under Fla. Stat. §61.08, but durational alimony — the primary form of ongoing support since permanent alimony was eliminated — cannot be awarded for a marriage under three years. Courts also weigh the duration of the marriage alongside factors such as each spouse’s income, earning capacity, and standard of living before deciding whether to award support.
What are Florida’s marriage-length categories after the 2023 reform?
Fla. Stat. §61.08 establishes a rebuttable presumption that a short-term marriage lasts less than 10 years, a moderate-term marriage lasts 10 to 20 years, and a long-term marriage lasts 20 years or more. This classification is separate from the three-year minimum a marriage must reach before durational alimony is available at all.
Is permanent alimony still available in Florida?
No. Florida eliminated permanent alimony for divorces filed on or after July 1, 2023, under Fla. Stat. §61.08. Courts may now award only temporary, bridge-the-gap, rehabilitative, or durational alimony, each with a defined purpose and its own statutory maximum duration limit.
How much alimony can a Florida court award?
For durational alimony, Fla. Stat. §61.08(8) caps the amount at the lesser of reasonable need or 35% of the difference between both spouses’ net incomes. A court must also find that the requesting spouse has a genuine financial need and that the paying spouse has the ability to meet it before awarding support.
How long can durational alimony last?
For marriages of at least three years, durational alimony generally cannot exceed 50% of the marriage length for short-term marriages, 60% for moderate-term marriages, or 75% for long-term marriages under Fla. Stat. §61.08. A 15-year moderate-term marriage, for example, is normally capped at nine total years of payments. A court may extend that cap only upon clear and convincing evidence of exceptional circumstances.
What factors do Florida courts weigh when awarding alimony?
Florida courts weigh each spouse’s income and earning capacity, the standard of living established during the marriage, financial and non-financial contributions to the marriage, and each spouse’s age and health. Fla. Stat. § 61.08 lists these factors alongside the length of the marriage.
Do alimony orders from before July 2023 still apply?
Yes. Fla. Stat. §61.08’s 2023 reform does not automatically rewrite alimony orders entered before July 1, 2023. A permanent alimony award granted under an earlier divorce judgment remains in effect unless a party successfully petitions the court for modification.
Can alimony be modified when the paying spouse retires?
A paying spouse may petition to modify or terminate alimony upon reaching normal retirement age under Fla. Stat. §61.14(1)(c), which Fla. Stat. §61.08 also references as a factor courts may consider. The court weighs this petition alongside the recipient spouse’s continued financial need at that time.
Can both husbands and wives receive alimony in Florida?
Yes. Florida law does not determine alimony eligibility by gender under Fla. Stat. §61.08. Either spouse may qualify for support based on demonstrated financial need and the other spouse’s ability to pay, regardless of which spouse filed for divorce.
What is the difference between rehabilitative and bridge-the-gap alimony?
Bridge-the-gap alimony covers short-term needs during the transition from married to single life and cannot exceed two years under Fla. Stat. §61.08. Rehabilitative alimony instead funds a specific, court-approved plan for job training, education, or work-credential development, capped at five years, toward long-term self-sufficiency.
A marriage’s length shapes an alimony case, but it never decides it alone — and for durational alimony specifically, it first has to clear a three-year floor. Mulligan & Associates offers confidential consultations to Florida spouses evaluating their options under current law.
About the Author
Christopher S. Mulligan
Florida Bar Member in Good Standing since November 9, 2007 (Bar No. 47524) · J.D., The George Washington University Law School, 2006
Christopher S. Mulligan is a third-generation Florida attorney and founder of Mulligan & Associates in Brooksville, Florida. He drafted provisions of the 2005 Violence Against Women Act reauthorization and serves as a Guardian ad Litem and Attorney ad Litem for children in foster care. He has practiced family law in Hernando County since 2007 and represents families in divorce, custody, support, adoption, dependency, and injunction matters throughout the Fifth Judicial Circuit.