What it means
Section 61.08 governs alimony in a Florida dissolution of marriage. The court may grant alimony in the form of temporary, bridge-the-gap, rehabilitative or durational alimony, as is equitable. Permanent alimony is not among the listed forms. Before awarding support, the court must determine that the party seeking it has an actual need and the other party has the ability to pay, and the requesting party has the burden of proof. The court then weighs the factors in subsection (3), including the duration of the marriage and each party's resources and earning capacity.
Bridge-the-gap alimony may not exceed 2 years and terminates on the death of either party or the obligee's remarriage. Rehabilitative alimony requires a defined rehabilitative plan and may not exceed 5 years. Durational alimony is not available after a marriage lasting less than 3 years, terminates on the death of either party or the obligee's remarriage, and may not exceed 50, 60 or 75 percent of the length of a short-term, moderate-term or long-term marriage. Under subsection (5) those lengths are a rebuttable presumption: under 10 years, 10 to 20 years, and 20 years or longer. The term can be extended only in exceptional circumstances on clear and convincing evidence.
To protect an award, the court may order life insurance, a bond or other security, on findings of special circumstances. Under subsection (11), the section applies to initial petitions pending or filed on or after July 1, 2023.
- The listed forms are temporary, bridge-the-gap, rehabilitative, and durational alimony (§ 61.08(1)(a)).
- The court must first find the requesting party's actual need and the other party's ability to pay (§ 61.08(2)(a)).
- Bridge-the-gap alimony lasts up to 2 years and terminates on the death of either party or the obligee's remarriage (§ 61.08(6)).
- Durational alimony terminates on the death of either party or the obligee's remarriage (§ 61.08(8)(a)).
- Durational alimony may not exceed 50% / 60% / 75% of a short-, moderate- or long-term marriage, presumed to be under 10, 10 to 20, and 20+ years (§ 61.08(5), (8)(b)).
- The court may order life insurance, a bond, or other security for an alimony award on specific findings (§ 61.08(4)).
Text of the statute (2026)
(1)(a) In a proceeding for dissolution of marriage, the court may grant alimony to either party in the form or forms of temporary, bridge-the-gap, rehabilitative, or durational alimony, as is equitable.
(2)(a) In determining whether to award support, maintenance, or alimony, the court shall first make a specific, factual determination as to whether the party seeking support, maintenance, or alimony has an actual need for it and whether the other party has the ability to pay support, maintenance, or alimony.
(4) To the extent necessary to protect an award of alimony, the court may order the obligor to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets that may be suitable for that purpose.
(6) Bridge-the-gap alimony may be awarded to provide support to a party in making the transition from being married to being single. Bridge-the-gap alimony assists a party with legitimate identifiable short-term needs. The length of an award of bridge-the-gap alimony may not exceed 2 years. An award of bridge-the-gap alimony terminates upon the death of either party or upon the remarriage of the obligee. An award of bridge-the-gap alimony is not modifiable in amount or duration.
(8)(a) Durational alimony may be awarded to provide a party with economic assistance for a set period of time. An award of durational alimony terminates upon the death of either party or upon the remarriage of the obligee. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances in accordance with s. 61.14. Durational alimony may not be awarded following a marriage lasting less than 3 years. The length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage except as set forth in this subsection.
(5) For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 10 years, a moderate-term marriage is a marriage having a duration between 10 and 20 years, and a long-term marriage is a marriage having a duration of 20 years or longer. The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage.
(b) An award of durational alimony may not exceed 50 percent of the length of a short-term marriage, 60 percent of the length of a moderate-term marriage, or 75 percent of the length of a long-term marriage. Under exceptional circumstances, the court may extend the term of durational alimony by a showing of clear and convincing evidence that it is necessary after application of the factors in subsection (3) and upon consideration of all of the following additional factors: 1. The extent to which the obligee’s age and employability limit the obligee’s ability for self-support, either in whole or in part. 2. The extent to which the obligee’s available financial resources limit the obligee’s ability for self-support, either in whole or in part. 3. The extent to which the obligee is mentally or physically disabled or has been diagnosed with a mental or physical condition that has rendered, or will render, him or her incapable of self-support, either in whole or in part. 4. The extent to which the obligee is the caregiver to a mentally or physically disabled child, whether or not the child has attained the age of majority, who is common to the parties. Any extension terminates upon the child no longer requiring caregiving by the obligee, or upon death of the child, unless one of the other factors in this paragraph apply.
Excerpts are the subsections the summary relies on. Read the full official text of § 61.08.
History. ss. 7, 12, Oct. 31, 1828; RS 1484; GS 1932; RGS 3195; CGL 4987; s. 1, ch. 23894, 1947; s. 1, ch. 63-145; s. 16, ch. 67-254; s. 10, ch. 71-241; s. 1, ch. 78-339; s. 1, ch. 84-110; s. 115, ch. 86-220; s. 2. ch. 88-98; s. 3, ch. 91-246; s. 1, ch. 2010-199; s. 79, ch. 2011-92; s. 1, ch. 2023-315.
How it applies
Subsections (6) and (8)(a) state that bridge-the-gap and durational alimony end on the death of either party. Section 61.08 does not contain that statement for rehabilitative alimony, which subsection (7)(d) makes modifiable or terminable under s. 61.14.
Subsection (4) lets a court require life insurance, a bond or other security for an award, so a judgment may create a continuing obligation separate from the alimony itself. Subsection (11) applies this version of the section to initial petitions pending or filed on or after July 1, 2023, so orders from earlier cases may be governed by earlier law.
Questions people ask
Sources
- Florida Statutes (2026), s. 61.08 (“An award of durational alimony terminates upon the death of either party or upon the remarriage of the obligee.”)
- Chapter 2023-315, Laws of Florida (s. 61.08 amendment) (Session law shown in the official History line as the most recent amendment to s. 61.08.)
Last checked: October 17, 2026
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