Alimony in Uncontested Divorce Florida: 2026 Guide ($750)

Alimony in an uncontested Florida divorce is whatever both spouses agree to in a written Marital Settlement Agreement (MSA) — you can set an amount, choose a type (bridge-the-gap, rehabilitative, or durational), or waive it entirely. Since SB 1416 took effect July 1, 2023, permanent alimony no longer exists under F.S. 61.08. Our firm prepares uncontested cases for a $750 flat attorney fee statewide (court costs ~$408-$410 and notary are separate).

What Does Alimony Mean in an Uncontested Florida Divorce?

In a contested divorce, a judge decides alimony after hearing evidence about need and ability to pay. In an uncontested divorce, the spouses decide it themselves. When you and your spouse agree on every issue — property, debts, time-sharing, child support, and alimony — the case is uncontested, and a judge simply reviews your Marital Settlement Agreement and signs the Final Judgment.

Alimony (also called spousal support) is money one spouse pays the other after divorce to address a financial imbalance. Under F.S. 61.08, a Florida court awards alimony based on one spouse's need and the other spouse's ability to pay. But in an uncontested case, you are not asking a judge to make that determination. You are presenting an agreement you have already reached, and the court's role is to confirm the agreement is not unconscionable.

This distinction matters because it gives you control. You can agree to no alimony, a lump-sum payment, a set monthly amount for a fixed term, or any structure that fits your situation — as long as both spouses sign voluntarily and the agreement is documented properly.

How Did SB 1416 Change Florida Alimony in 2023?

Senate Bill 1416, signed into law and effective July 1, 2023, was the most significant overhaul of Florida alimony law in decades. The headline change: permanent alimony is gone. Before the reform, a court could order a paying spouse to support an ex-spouse indefinitely, often until death or remarriage. That option no longer exists under F.S. 61.08.

After SB 1416, Florida recognizes only three time-limited forms of alimony:

• Bridge-the-gap alimony — short-term help transitioning from married to single life, capped at 2 years and not modifiable.
• Rehabilitative alimony — support while a spouse gains skills, education, or work experience to become self-supporting, capped at 5 years and requiring a specific written rehabilitative plan.
• Durational alimony — support for a set period tied to the length of the marriage, with statutory caps explained below.

The reform also created clearer caps on durational alimony, made adultery a permissible factor in setting the amount, required courts to reduce or terminate alimony when the receiving spouse enters a "supportive relationship," and added a process for modifying alimony based on the paying spouse's retirement.

For uncontested divorces, the practical effect is simpler negotiations. With permanent alimony off the table and durational alimony capped by marriage length, spouses have a clearer framework for reaching agreement — or for deciding to waive alimony altogether.

What Are the Types of Alimony You Can Agree To?

Even in an uncontested case, it helps to understand the categories the law recognizes, because your MSA can mirror them. Under F.S. 61.08, the post-2023 alimony types are:

Bridge-the-Gap Alimony

Bridge-the-gap alimony helps a spouse with legitimate short-term needs as they move from married to single life — covering things like a security deposit, a few months of expenses, or the gap before a new job starts. It is capped at 2 years and cannot be modified in amount or duration. It also ends automatically if either spouse dies or the receiving spouse remarries.

Rehabilitative Alimony

Rehabilitative alimony supports a spouse who needs time to become self-supporting through education, training, or re-entering the workforce. Under F.S. 61.08, it requires a specific rehabilitative plan and is capped at 5 years. In an uncontested case, you would attach or describe the plan and the timeline in your settlement.

Durational Alimony

Durational alimony provides support for a fixed period based on the length of the marriage. F.S. 61.08 sets caps on how long durational alimony can last:

• Marriages under 3 years: no durational alimony.
• Short-term marriages (under 10 years): up to 50% of the marriage length.
• Moderate-term marriages (10-20 years): up to 60% of the marriage length.
• Long-term marriages (over 20 years): up to 75% of the marriage length.

For example, after a 12-year marriage, durational alimony could last up to about 7.2 years (60% of 12). The amount is generally limited to the receiving spouse's reasonable need or a percentage of the difference in the parties' net incomes, whichever is less.

Can You Waive Alimony in a Florida Uncontested Divorce?

Yes. Spouses can agree to waive alimony entirely, and many uncontested divorces do exactly that. Waiving alimony is one of the most common provisions in a Marital Settlement Agreement, especially for shorter marriages or where both spouses are self-supporting.

When you waive alimony in an MSA, you are giving up the right to ask for spousal support — both now and, in most cases, in the future. This is why the waiver language must be precise. A properly drafted MSA states clearly that each spouse permanently waives any claim to alimony, that the waiver is knowing and voluntary, and that it survives the entry of the Final Judgment.

Waiving alimony in florida through an MSA carries real consequences: once the judgment is entered, you generally cannot come back later and ask for support you waived. That is one reason attorney review matters even in an "agreed" case — you want to be certain the waiver says what you intend, and that you understand what you are giving up before you sign.

If you and your spouse agree there will be no alimony, our firm can prepare an MSA with clean, enforceable waiver language as part of the $750 flat fee. (Court costs and notary are separate.)

How Is Alimony Different in Simplified vs. Regular Uncontested Dissolution?

Florida offers two uncontested paths, and alimony is the dividing line for one of them.

A simplified dissolution of marriage under F.S. 61.052(2) (Form 12.901(a)) is the fastest route, but it has strict eligibility rules — and one of them is that neither spouse can be seeking alimony. If you want any form of spousal support, you cannot use the simplified path. Simplified dissolution also requires no minor or dependent children, agreement on property and debt division, and that both spouses appear at the final hearing. It waives the right to trial and to financial disclosure from the other spouse.

A regular uncontested dissolution uses Form 12.901(b)(1) (no dependent or minor children) or Form 12.901(b)(2) (with children). This path is required whenever alimony is involved, whenever there are children, or when one spouse cannot appear at the hearing. It is resolved through a written Marital Settlement Agreement (and a Parenting Plan if there are children).

So if your agreement includes any spousal support — even a modest bridge-the-gap amount — you are in the regular uncontested track, not the simplified one. The good news: our $750 flat attorney fee is the same for either path.

What Factors Affect Alimony Even When You Agree?

In an uncontested divorce, you and your spouse set the terms — but the law's factors are still a useful guide for reaching a fair number. Under F.S. 61.08, the factors a court would weigh include:

• The standard of living established during the marriage.
• The duration of the marriage (short-term, moderate-term, or long-term).
• The age and physical and emotional condition of each spouse.
• The financial resources of each party, including marital and non-marital assets.
• The earning capacities, education, and employability of both spouses.
• The contribution of each party to the marriage, including homemaking and child care.
• The responsibilities each party will have for any minor children.

F.S. 61.08 also allows the court to consider adultery and its economic impact when setting an amount. And under the 2023 reform, if the receiving spouse later enters a "supportive relationship" (essentially cohabiting with a new partner in a way that resembles marriage), the court must reduce or terminate alimony.

Using these factors as a benchmark helps spouses agree on an amount that a judge will readily approve. If your proposed alimony is wildly out of line with these factors, a court could question whether the agreement is fair — which is another reason to have a Florida attorney prepare the settlement.

Comparison: Alimony Types Under Florida Law (Post-SB 1416)

Comparison: Simplified vs. Regular Uncontested Dissolution

How Much Does an Uncontested Divorce With Alimony Cost in Florida?

Our firm prepares an uncontested Florida divorce — including one that sets or waives alimony in the Marital Settlement Agreement — for a $750 flat attorney fee. That price is the same in all 67 Florida counties, whether you file in Miami-Dade, Hillsborough, Orange, Duval, or any other circuit.

The $750 covers our attorney work: preparing your petition, drafting the Marital Settlement Agreement (with alimony terms or a clean alimony waiver), preparing the financial disclosure documents or a joint waiver, and guiding you through filing and the final hearing.

Separate from the flat fee, you will pay:

• The county filing fee — typically about $408-$410 (set by each county clerk).
• Notary fees — roughly $50 per session, since Florida divorce documents must be signed before a notary.
• Optional process server fees ($40-$75) if your spouse needs to be formally served.

We quote the attorney fee transparently and tell you the court costs up front so there are no surprises. For a deeper breakdown, see our guides on uncontested divorce with no children and whether you need a lawyer for an uncontested divorce.

Why Have an Attorney Prepare an Uncontested Divorce With Alimony?

When alimony is on the table, the wording of your agreement carries long-term financial weight. A non-lawyer document service or online form provider can type your information into a template, but it cannot give legal advice, cannot tell you whether your waiver language is enforceable, and cannot catch a provision that quietly leaves you exposed years later.

An attorney-prepared MSA does more than fill in blanks. We make sure the alimony type matches what F.S. 61.08 allows, that durational terms fall within the statutory caps, that a waiver is clear and survives the Final Judgment, and that the tax and modification consequences are addressed. We also confirm your case actually qualifies as uncontested — because if a dispute surfaces, the flat fee no longer applies and you need to know that before you start.

This is not about telling you that you cannot file on your own. It is about getting full representation by a licensed Florida attorney at a flat, transparent fee — so the agreement you sign protects what you intended. To understand the document at the center of it all, read our Marital Settlement Agreement guide.

What Happens to Alimony After the Divorce Is Final?

Once the judge signs the Final Judgment of Dissolution, your alimony terms become a court order. What happens next depends on the type:

• Bridge-the-gap alimony cannot be modified — the amount and 2-year cap are locked in.
• Rehabilitative and durational alimony can generally be modified if there is a substantial, unanticipated change in circumstances, such as job loss or a serious health issue.
• Under SB 1416, the paying spouse can seek modification based on retirement, applying no sooner than 6 months before the planned retirement date.
• If the receiving spouse enters a "supportive relationship" under F.S. 61.08, the court must reduce or terminate the alimony.

If you waived alimony in your MSA, there is generally nothing to modify — the waiver is permanent. This permanence is exactly why the agreement should be drafted carefully the first time.

Keep a copy of your signed Final Judgment and MSA. If you ever need to enforce or modify alimony, those are the controlling documents. Because alimony modification is a contested matter (the parties no longer agree), it falls outside the flat-fee uncontested service — but understanding your original agreement makes any future step far easier.

Frequently Asked Questions

See the FAQ section below for detailed answers about alimony in an uncontested Florida divorce, including the $750 flat fee, waiving support, and the 2023 reforms.

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This article provides general information about Florida divorce law and does not constitute legal advice. Every case is unique. The Law Office of Antonio G. Jimenez can prepare your uncontested divorce for a $750 flat attorney fee (court costs and notary separate); contact our office to confirm whether your case qualifies as uncontested.