Founder
Yes, you can receive alimony after a short marriage in Florida, but the rules narrowed when Senate Bill 1416 took effect on July 1, 2023. Bridge-the-gap and rehabilitative alimony are still on the table regardless of how long the marriage lasted. Durational alimony, the longer-term option, is only available if the marriage made it past three years. None of that changes the fact that you may have walked away from a career, sold a home, or restructured your life around a partnership that was supposed to last. The law does account for that gap, just not the way it used to. An Orlando family law attorney can walk you through which forms of alimony are still available to you and what a court will actually consider in your case.
What Counts as a “Short Marriage” Under Florida Law?
Under the alimony statute Florida overhauled in 2023, there is a rebuttable presumption that a short-term marriage is one that lasted less than 10 years, measured from your wedding date to the date the divorce petition was filed. A moderate-term marriage runs 10 to 20 years, and a long-term marriage runs 20 years or more. Where your marriage falls on that spectrum directly affects which forms of alimony you can request and how long any award can last.
Which Types of Alimony Are Still Available After a Short Marriage?
Florida law now recognizes four types of alimony (temporary, bridge-the-gap, rehabilitative, and durational), and three of them remain accessible after a short marriage.
- Temporary alimony keeps you afloat while the divorce is pending and ends when the final judgment is entered.
- Bridge-the-gap alimony helps you transition from married to single life. It is capped at two years, cannot be modified, and ends if either spouse dies or you remarry.
- Rehabilitative alimony funds a specific plan to rebuild your earning capacity, such as finishing a degree, completing a certification, or returning to a previous career, and is capped at five years.
- Durational alimony is the form most affected by the 2023 reform. For a short-term marriage, it cannot exceed 50% of the marriage length, and it cannot be awarded at all if the marriage lasted less than 3 years.
For a five-year marriage, that means durational alimony, if granted, could not exceed roughly two and a half years.
What Does the Court Actually Look At?
Florida judges do not run alimony through a formula the way they calculate child support. The court first decides whether the spouse asking for support has an actual need for it and whether the other spouse has the ability to pay. Only after both findings does the court turn to the type, amount, and duration.
When weighing those questions, the statute directs the judge to consider factors including:
- The duration of the marriage
- The standard of living established during the marriage and each party’s anticipated needs after divorce
- The age, physical, mental, and emotional condition of each party
- Each spouse’s resources, income, earning capacity, education, and employability
- Each spouse’s contributions to the marriage, including homemaking, child care, and supporting the other’s career
- Responsibilities for any minor children
- Any other factor the court finds necessary for equity
Judges may consider any other factor necessary for equity and justice. Adultery can also enter the analysis if it had a measurable economic impact on the marriage.
Are There Caps on the Amount of Alimony?
Yes. The 2023 reform added a hard ceiling on durational alimony. The award cannot exceed the recipient’s reasonable need or 35% of the difference between the parties’ net incomes, whichever is less. Bridge-the-gap and rehabilitative alimony are not subject to that 35% cap, but they are still bounded by the recipient’s demonstrated need and the payer’s ability to pay.
How Are Alimony Payments Taxed?
Under the federal Tax Cuts and Jobs Act, alimony paid under any divorce or separation instrument executed after December 31, 2018 is no longer deductible by the paying spouse and is no longer taxable income to the recipient. That shift matters when you and your attorney are negotiating a number, because the after-tax math is different than it was for couples who divorced before 2019.
What If My Marriage Was Less Than Three Years?
Florida law presumes a “short‑term” marriage is one lasting less than 10 years. For short‑term marriages that lasted at least three years but under 10 years, durational alimony is still available but is capped at 50% of the marriage length. For marriages lasting less than three years, durational alimony is off the table. That does not mean alimony is impossible.
Bridge-the-gap alimony (up to two years) and rehabilitative alimony (up to five years, with a defined plan) remain available regardless of marriage length, as long as you can show need and your spouse’s ability to pay. Temporary alimony also remains available while the divorce is pending.
Why Strategy Matters in a Short-Marriage Alimony Case
Short-marriage alimony cases turn on details: the precise length of the marriage, the type of support that fits your situation, the structure of any rehabilitative plan, and how the 35% cap interacts with your spouse’s actual income. A well-built case can stack forms of alimony, such as a rehabilitative plan paired with bridge-the-gap support, to provide meaningful help during a finite window. Florida courts must make written findings of fact supporting any alimony award or denial, including findings on need and ability to pay when denying a claim, which means the record you build matters.
Talk to an Orlando Family Law Attorney About Your Alimony Case
If you are facing divorce after a short marriage and want a clear read on what alimony you can realistically pursue under Florida’s current law, we can help. Both founding partners at Bernal-Mora & Nickolaou are Board Certified Specialists in Family Law, and we are available. Contact us to schedule a consultation. Let our family help yours.
