Florida Statute 61.08: Alimony in a Palm Beach County Divorce

Section 61.08, Florida Statutes, decides whether a spouse receives alimony in a Florida divorce, what kind, how much, and for how long. In 2023, Florida rewrote the statute and ended permanent alimony. The new rules apply to every initial divorce or support case pending or filed on or after July 1, 2023.

Today, a court can award only four types of alimony: temporary, bridge-the-gap, rehabilitative, and durational. Each has a time limit, and durational alimony now has an amount cap as well.

At the Law Offices of James S. Cunha, P.A. in West Palm Beach, we represent both spouses who seek alimony and spouses asked to pay it in Palm Beach County, including Wellington, Jupiter, Boca Raton, and Palm Beach Gardens. This guide explains how § 61.08 works today.

Alimony starts with two questions under § 61.08(2). Does the spouse asking for support actually need it? Can the other spouse afford to pay it? The spouse requesting alimony has the burden of proving both. If either is missing, the court denies alimony and must say why in written findings.

Length of the marriage. Section 61.08(5) sorts marriages into three tiers, measured from the wedding date to the date the divorce petition was filed:

Marriage length	Tier	Maximum durational alimony
Under 3 years	Short-term	Not available
3 to under 10 years	Short-term	50% of the length of the marriage
10 to under 20 years	Moderate-term	60% of the length of the marriage
20 years or more	Long-term	75% of the length of the marriage

These tiers are rebuttable presumptions. A party can present evidence that a marriage should be treated differently. Because the clock stops when the petition is filed, the filing date can matter a great deal for a marriage near the 10- or 20-year mark. Our Florida Durational Alimony Calculator estimates the maximum term for your marriage.

Type	Purpose	Maximum length	Ends on	Can it be modified?
Temporary	Support while the divorce is pending	Until the final judgment	Final judgment	Yes, by the court during the case
Bridge-the-gap	Short-term needs while moving from married to single life	2 years	Death of either spouse or the recipient’s remarriage	No, neither amount nor length
Rehabilitative	Education, training or job skills to become self-supporting	5 years	End of the plan, or as modified	Yes, for a substantial change, failure to follow the plan, or early completion
Durational	Economic help for a set period after the divorce	50%, 60% or 75% of the marriage length	Death of either spouse or the recipient’s remarriage	Amount: yes, for a substantial change in circumstances; length only in exceptional circumstances

Rehabilitative alimony needs a plan. Under § 61.08(7), the court must include a specific, defined rehabilitative plan in its order. A vague goal of “going back to school” is not enough.

Durational alimony has an amount cap. Under § 61.08(8)(c), the award is the lesser of the recipient’s reasonable need or 35% of the difference between the spouses’ net incomes. For example, if one spouse nets $12,000 a month and the other nets $4,000, the difference is $8,000, and the cap is $2,800 a month.

Longer terms are hard to get. A court can exceed the 50/60/75% limits only in exceptional circumstances proven by clear and convincing evidence. The court must consider the recipient’s age and employability, financial resources, any disability, and whether they care for a disabled child of the marriage.

Lump-sum and combined awards. The court can combine forms of alimony or order a lump sum when that helps the recipient become self-supporting. Every award needs written findings explaining its type, amount, and length.

Once need and ability to pay are shown, § 61.08(3) requires the judge to weigh these factors and make written findings on each:

1. The length of the marriage.
2. The standard of living during the marriage and each spouse’s expected needs after the divorce.
3. Each spouse’s age and physical, mental, and emotional health, including any disability.
4. Each spouse’s financial resources and income, including the marital and nonmarital assets each receives in the divorce.
5. Each spouse’s earning capacity, education, skills, and employability.
6. Each spouse’s contributions to the marriage, such as homemaking, child care and supporting the other’s education or career.
7. Each spouse’s responsibilities for minor children, especially a child with a disability.
8. Any other factor needed for fairness, which the judge must specifically identify. This can include a supportive relationship or a reasonable retirement.

Property comes first. The court divides marital property under § 61.075 before it decides alimony. What each spouse receives in equitable distribution counts as a financial resource.

Adultery. Under § 61.08(1)(a), the court may consider either spouse’s adultery and its economic impact in deciding the amount of alimony. Spending marital money on an affair is the most common way adultery affects an award.

The payor keeps a fair share. Under § 61.08(9), alimony generally may not leave the paying spouse with significantly less net income than the recipient, unless the judge finds exceptional circumstances in writing.

Life insurance and other security. Under § 61.08(4), a court can require life insurance, a bond, or other assets to secure alimony, but only if it finds special circumstances. The cost can be split between the spouses based on their ability to pay.

Modification is governed by § 61.14, which works hand in hand with § 61.08.

Change in circumstances. Either spouse can ask the court to raise or lower alimony when the circumstances or financial ability of either party changes. Bridge-the-gap alimony is the exception: it cannot be changed.

Remarriage or death. Bridge-the-gap and durational alimony end automatically when either spouse dies, or the recipient remarries.

Supportive relationship. If the recipient is in a supportive relationship with an unrelated person, the court must reduce or end alimony once it makes written findings. The paying spouse must prove the relationship exists, or existed within the 365 days before filing. The court looks at factors such as living together, holding out as a couple, shared finances, and jointly bought property. A sexual relationship is not required.

Retirement. Under § 61.14(1)(c), a paying spouse who has reached normal retirement age under Social Security, or the customary retirement age in their profession, may ask the court to reduce or end alimony. They must have retired or taken measurable steps to do so, and must show retirement reduces their ability to pay. A petition can be filed up to 6 months before the planned retirement date.

Older permanent alimony awards. The 2023 changes to § 61.08 apply to cases filed or pending on or after July 1, 2023. Whether an existing permanent alimony award can be changed depends on its terms and on § 61.14. Talk to an attorney about your specific judgment before filing.

Alimony disputes in Palm Beach County are heard in the Family Division of the Fifteenth Judicial Circuit, mostly at the Main Courthouse in downtown West Palm Beach. Most cases go to mediation before a judge decides alimony at trial.

Alimony in this area often turns on complex income, not just a paycheck. Cases we see include:

• Business owners and professionals whose income comes from distributions, bonuses, or a practice
• Spouses who left careers to raise children or manage a household
• Retirees and spouses nearing retirement, where § 61.14(1)(c) comes into play
• Seasonal residents and spouses with investment income or assets in other states
• Requests to reduce or end alimony because of a supportive relationship

Our office at 250 S. Australian Avenue, Suite 1402, is minutes from the West Palm Beach courthouse. We represent clients throughout Palm Beach County, including West Palm Beach, Wellington, Jupiter, Palm Beach Gardens, Palm Beach, Boca Raton, Delray Beach, Boynton Beach and Lake Worth Beach, and in Martin, St. Lucie, Okeechobee, Broward and Miami-Dade counties.

The 2023 reform changed what both spouses can expect, and the details of your income, your marriage date, and your filing date can change the outcome. Whether you need support or are being asked to pay it, contact the Law Offices of James S. Cunha, P.A. at (561) 429-3924 to schedule a consultation at our West Palm Beach office. You can also read more on our Alimony in a Florida Divorce page.

This article provides general information about Florida law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change, and every case depends on its facts.