Florida's '7 Year Rule' Is Now the 10 Year Rule: 2023 Alimony Reform Explained

Florida's "7 Year Rule" Has Changed—Here's What You Need to Know

Quick Answer: If you're searching for Florida's "7 year rule," you need to know it no longer exists. On July 1, 2023, Governor DeSantis signed SB 1416 into law, completely overhauling Florida alimony. The old 7/17-year thresholds are now 10/20 years, and permanent alimony has been eliminated entirely.

Important: This new law applies to all divorces filed on or after July 1, 2023. If your divorce was finalized before this date, the old rules apply to your case.

New vs. Old Marriage Length Categories

---

What SB 1416 Changed About Florida Alimony

1. Permanent Alimony Is Gone

The most significant change: permanent alimony no longer exists in Florida for divorces filed after July 1, 2023. This was the type of alimony that continued indefinitely until death, remarriage, or a supportive relationship.

What this means: Even in a 30-year marriage, you cannot receive permanent, ongoing alimony. All alimony awards now have an end date.

2. Marriage Length Thresholds Increased

The "magic numbers" that determine alimony eligibility shifted significantly:

Short-Term Marriage (Under 10 Years):

• Durational alimony capped at 50% of marriage length
• Example: 8-year marriage = max 4 years of alimony
• No durational alimony for marriages under 3 years

Moderate-Term Marriage (10-20 Years):

• Durational alimony capped at 60% of marriage length
• Example: 15-year marriage = max 9 years of alimony

Long-Term Marriage (Over 20 Years):

• Durational alimony capped at 75% of marriage length
• Example: 24-year marriage = max 18 years of alimony

3. Alimony Amount Is Now Capped

Under the new law, durational alimony cannot exceed 35% of the difference between the parties' net incomes.

Example Calculation:

• Spouse A net income: $10,000/month
• Spouse B net income: $2,000/month
• Difference: $8,000/month
• Maximum alimony: $8,000 × 35% = $2,800/month

The actual award is the lesser of:

• The recipient's actual demonstrated need, OR
• 35% of the income difference

---

Types of Alimony Still Available in Florida (2023+)

Bridge-the-Gap Alimony

Purpose: Short-term transition from married to single life

• Maximum duration: 2 years
• Addresses specific, identifiable needs (first/last month rent, car, etc.)
• Cannot be modified once ordered
• Available for all marriage lengths

Rehabilitative Alimony

Purpose: Support while spouse gains education or job training

• Requires a specific, detailed rehabilitative plan
• Must include timeline, goals, and costs
• Can be modified if circumstances change
• Example: Supporting spouse through nursing school

Durational Alimony

Purpose: Economic assistance for a defined period

This is now the primary form of alimony in Florida. Key rules:

Amount: Cannot exceed 35% of the difference in net incomes OR the recipient's actual need (whichever is less).

---

How Courts Calculate Marriage Length

Marriage length is measured from:

• Start: Date of marriage (wedding day)
• End: Date the divorce petition is filed

Example:

• Married: June 15, 2016
• Divorce filed: June 10, 2026
• Marriage length: 9 years, 11 months = Short-term (under 10 years)

If you waited one more month to file, you'd cross into moderate-term territory with better alimony eligibility.

---

Strategic Timing Under the New Law

Approaching the 10-Year Mark?

If you're the potential alimony recipient:

• Filing after 10 years changes your marriage from short-term to moderate-term
• Duration cap increases from 50% to 60%
• Each additional year strengthens your position

If you're the potential alimony payer:

• Filing before 10 years keeps your marriage in short-term classification
• Maximum alimony duration is capped at 50% of marriage length
• Short-term marriages under 3 years get NO durational alimony

Approaching the 20-Year Mark?

Recipient consideration: Crossing 20 years increases the duration cap from 60% to 75%.

Payer consideration: Filing before 20 years keeps the cap at 60%.

---

Factors Courts Still Consider

Even with the new caps, courts evaluate these factors when determining the actual alimony amount:

Financial Factors

Non-Financial Factors

---

What About Existing Alimony Orders?

SB 1416 is NOT retroactive for most purposes:

• Alimony orders entered before July 1, 2023 remain in effect
• Existing permanent alimony continues under old law
• However: Modifications filed after July 1, 2023 may be subject to new law provisions

If you have an existing alimony order and want to modify it, the interaction between old and new law can be complex. Consult an attorney.

---

Common Questions About Florida's New Alimony Law

Is permanent alimony really gone?

Yes. For any divorce filed after July 1, 2023, permanent alimony cannot be awarded. All alimony now has an end date based on marriage length.

What if we were married for 25 years?

You may be eligible for durational alimony for up to 75% of your marriage length (18.75 years). The amount is capped at 35% of the income difference or your actual need.

Can I still get alimony after a 5-year marriage?

Yes, but limited. For a 5-year marriage, durational alimony could last a maximum of 2.5 years (50% of 5 years) and is capped at 35% of the income difference.

What if my spouse makes significantly more than me?

The 35% cap on income difference applies regardless of how large the disparity is. Even if your spouse earns $500,000 and you earn $50,000, alimony is capped at 35% of that $450,000 difference.

Does adultery affect alimony?

Only if the adultery resulted in depletion of marital assets. Simply proving infidelity does not automatically increase or decrease alimony under Florida law.

---

How We Can Help

The 2023 alimony reform significantly changed the landscape for Florida divorces. Understanding how these new rules apply to your specific situation requires experienced guidance.

Our Flat-Fee Services

Schedule a strategy session to understand how Florida's new alimony law affects your case.