By: The Law Firm of Gil Colón, Jr. September 1, 2026

How Does the 2023 Florida Alimony Law Affect Current or Future Divorce Agreements?

What Did the 2023 Florida Alimony Reform Actually Change?

Florida’s 2023 reform eliminated permanent alimony, introduced strict durational caps, and established a presumption against support in shorter marriages.

The most significant shift is the elimination of permanent alimony. Under the previous version of Florida Statute Section 61.08, courts could award alimony for an indefinite period. That option no longer exists for any divorce pending or filed on or after July 1, 2023.

Here is what the updated statute now provides:

Bridge-the-gap alimony remains available for short-term needs, capped at two years.
Rehabilitative alimony is still available, but it requires a specific rehabilitation plan to be submitted to the court.
Durational alimony is now capped at 50% of the length of the marriage for marriages under 20 years.
Permanent alimony has been eliminated entirely for all new divorce cases.

Courts must also consider the adultery of either spouse and its impact on the marital estate, which was already permitted under prior law and remains a statutory factor for courts to evaluate.

How Does the Law Define Marriage Length?

Florida now classifies marriages as short-term (under 10 years), moderate-term (10–20 years), or long-term (20+ years), which determines alimony eligibility.

The length of your marriage now plays a direct role in determining what type of alimony a court can even consider. Under the revised statute:

Marriages of less than 10 years are considered short-term, and durational alimony is presumed unnecessary, though bridge-the-gap or rehabilitative support may still be awarded.
Marriages lasting 10 to 20 years are moderate-term, with durational alimony capped at 60% of the marriage’s duration.
Marriages over 20 years allow for durational alimony up to 75% of the marriage’s length, though permanent alimony is still off the table.

For a couple married 12 years, for example, a court may award durational alimony for no more than 7.2 years. That hard cap did not exist under Florida’s prior law.

Does the 2023 Law Apply to Existing Alimony Orders?

Existing permanent alimony orders are not automatically modified, but the new law creates a clearer path for the paying spouse to seek a reduction or termination.

This is where things become more nuanced. If your divorce was finalized before July 1, 2023, your existing alimony order does not vanish. Florida courts will not retroactively eliminate court-ordered permanent alimony simply because the law changed.

However, while the new durational caps do not automatically apply to prior judgments, the updated statute provides clearer rules for modifying judgments in specific circumstances. Under the updated Section 61.08 and Florida Statute Section 61.14, a paying spouse can now petition the court to reduce or terminate alimony if the receiving spouse is in a supportive relationship or if the paying spouse has reached full retirement age as defined by the Social Security Administration. Courts are now directed to consider the paying spouse’s ability to retire as a legitimate basis for modification, a gray area in Florida courts.

If you currently pay permanent alimony and are approaching retirement, this provision may open a door worth walking through. If you receive permanent alimony, now is the time to understand what protections still apply to your agreement.

What Counts as a “Supportive Relationship” Under Florida Law?

A supportive relationship exists when a recipient cohabits with another person in a manner resembling a marriage, thereby reducing their financial need for alimony.

Florida Statute Section 61.14 has long allowed courts to reduce or terminate alimony if the recipient lives with a new partner in a supportive relationship. The 2023 reform reinforces this standard. Courts look at factors such as how long the couple has lived together, whether they share finances, and whether the new partner contributes to household expenses.

This provision matters for both sides of a divorce. The paying spouse can petition for relief if the recipient enters such a relationship. The recipient, on the other hand, should understand how a new living arrangement could affect their ongoing support.

How Should You Approach Your Divorce Case Under the New Law?

The 2023 reform changed the baseline assumptions courts bring to every alimony dispute in Florida. Strategies that made sense before July 2023 may now leave money on the table or expose you to unexpected liability. Every calculation, every negotiation, and every settlement offer must be evaluated against the updated statute.

If you are negotiating a divorce agreement today, the durational caps and the elimination of permanent alimony must shape your starting position. If you signed a marital settlement agreement before July 2023 that includes permanent alimony, an attorney needs to review what modification rights you have now that the legal landscape has changed.

Talk to Our Bartow Divorce Attorneys Before Your Next Move

At The Law Firm of Gil Colón, Jr., we have been handling Polk County family law cases for 35 years, and we are in the Bartow courthouse every day. Our office sits two blocks from the courthouse, which means we know how local judges apply the updated alimony statute in real cases, not just in theory. We are also one of only three local Hispanic law firms in the area, and we provide fully bilingual and bicultural representation to clients across the community.

If you have questions about how the 2023 alimony reform affects your divorce or your existing support order, contact us or call us at 863-622-9602. We are ready to review your situation and give you a clear picture of where you stand under current Florida law.