Senate Bill 1416 is the most significant overhaul of Florida alimony law in decades. When it took effect on July 1, 2023, it eliminated permanent alimony entirely for cases falling under the amended statute and introduced a framework built around time limits, income caps, and written judicial findings. For anyone navigating a divorce in Broward County, or holding an existing alimony order, the questions it raises are immediate and practical: does this apply to my case, and what does it change about what I might pay or receive?
At The Law Offices of Jonny Kousa, P.L., we work with clients across Broward County on exactly these questions. Attorney Jonny Kousa has guided clients through complex and contested family law matters in the 17th Judicial Circuit, and the 2023 reform has changed how those conversations start. Understanding what the law actually says and what it doesn’t matters before any decision is made.
What Senate Bill 1416 Actually Changed
SB 1416, enacted as Chapter 2023-315, Laws of Florida, amended Section 61.08, Florida Statutes, the provision that governs alimony awards in all Florida divorce proceedings. The headline change is the elimination of permanent alimony. Under the prior statute, a court could award alimony lasting indefinitely, until the recipient remarried or died. That option is gone for cases governed by the new law.
In its place, the statute recognizes four time-limited forms of support: temporary, bridge-the-gap, rehabilitative, and durational. Courts must now make written findings of fact explaining why a particular type of alimony is being awarded and confirming that the need-and-ability-to-pay standard is satisfied. That requirement isn’t administrative. It means every alimony award must be supported by a documented rationale on the record, which shapes how cases are built and argued from the beginning.
The Four Types of Alimony Under the New Law
Each alimony type serves a distinct purpose, and the rules governing duration, modifiability, and amount differ meaningfully between them.
Temporary Alimony
Temporary alimony supports a spouse during the divorce proceedings themselves. It ends when the final judgment is entered and has no bearing on what the final award, if any, will look like.
Bridge-the-Gap Alimony
Bridge-the-gap alimony addresses specific, identifiable short-term needs during the transition from married to single life. It’s capped at two years and isn’t modifiable in amount or duration once awarded. This type suits situations where a spouse needs time to address a defined financial gap, not an open-ended period of support.
Rehabilitative Alimony
Rehabilitative alimony requires something bridge-the-gap doesn’t: a specific written plan describing the education, training, or work experience the recipient will pursue and the timeline for completing it. The cap is five years. Courts can modify or terminate rehabilitative alimony if the recipient completes the plan early, fails to follow it, or if there’s a substantial change in circumstances.
Durational Alimony
Durational alimony is now the primary long-term form of support. Its duration is capped based on the length of the marriage: 50% of the marriage length for marriages under 10 years, 60% for marriages lasting 10 to 20 years, and 75% for marriages over 20 years. The amount is capped at the lower of the recipient’s reasonable need or 35% of the difference between the parties’ net incomes. A court can’t enter an award that would leave the paying spouse with significantly less net income than the recipient, absent exceptional circumstances. That income-equalization floor is one of the most consequential provisions in the reform.
Does the Reform Apply to Your Case?
SB 1416 applies to all initial petitions for dissolution of marriage that were pending or filed on or after July 1, 2023. That “pending” language matters. If a divorce petition was already in progress on July 1, 2023 and hadn’t yet reached a final judgment, the new statute governs the alimony determination. Anyone with a case near that transition window shouldn’t assume which version of the law applies without a careful legal review of the petition date and case status.
One of the most common misconceptions we hear is that the reform automatically eliminated all existing permanent alimony obligations. That isn’t what the law does. Pre-2023 permanent alimony orders remain fully enforceable. Modifying or terminating an existing order still requires filing a petition with the court and demonstrating a substantial change in circumstances, a defined legal standard with its own evidentiary requirements.
Modification & Retirement Under the Reform
The 2023 law addressed two modification scenarios that previously created uncertainty in Florida courts: retirement and cohabitation.
Retirement of the Paying Spouse
Retirement is now expressly recognized as a potential basis for modification or termination of a durational alimony award. It doesn’t trigger automatic relief. The paying spouse must petition the court, and judges evaluate the requesting spouse’s age, health, reasons for retiring, and what income will be available post-retirement. A paying spouse may file that petition up to six months before a planned retirement date, giving both parties time to address the change before support actually shifts.
Cohabitation in a Supportive Relationship
Cohabitation in what the statute calls a “supportive relationship” is a recognized basis for seeking reduction or termination of alimony. Courts look at shared living expenses, the duration of the relationship, whether the parties present themselves as a couple, and the degree of financial interdependence between them. The statute now provides a more structured framework for courts to apply than existed before the reform.
How These Changes Play Out in the 17th Judicial Circuit
Broward County family law cases are heard in the Family Division of the 17th Judicial Circuit. The primary courthouse is located at 201 SE 6th Street in Fort Lauderdale, with satellite courthouses in Deerfield Beach, Hollywood, and Plantation handling filings and hearings across the county’s geographic spread.
Broward County uses a Unified Family Court model, meaning one judge oversees all matters involving the same family throughout the life of the case. In alimony disputes governed by the new law, that continuity has real consequences. The same judge who reviewed the parties’ financial affidavits at the outset applies the durational caps and income-equalization standards when it comes time to determine support. That familiarity with the full financial picture shapes how evidence is developed, how budget documentation is presented, and how the written-findings requirement is satisfied in practice. Knowing what a court expects and how the statute’s requirements interact with local procedure is part of what effective representation in this circuit looks like under the reformed law.
What the Reform Means for Your Situation
Florida alimony is now time-limited, findings-driven, and tied to specific income and duration caps. Whether the reform helps or complicates a particular situation depends almost entirely on which side of July 1, 2023 the petition falls, the length of the marriage, both parties’ net incomes, and whether any existing order is subject to modification.
We work with clients across Broward County on these questions, whether they’re entering a new divorce, holding an existing order, or facing a modification proceeding under the new statute. If you have questions about how SB 1416 affects your situation, contact The Law Offices of Jonny Kousa, P.L. at (954) 626-8071.
