Do Alimony and Spousal Support Mean the Same Thing in Florida?

If you’re going through a divorce in Florida or just starting to research your options, you’ve probably come across two different phrases: alimony and spousal support. At first glance, they seem to mean the same thing-and in many cases, people use them interchangeably. But do they actually mean the same thing in the eyes of Florida law?

The short answer: not exactly. While both terms refer to financial support paid by one spouse to the other after separation or divorce, Florida only officially recognizes one of them, alimony. That distinction might sound small, but it matters more than most people think.

Why Florida Uses the Term Alimony

Here’s the thing: Florida statutes, court forms, and judges all use the word alimony. You won’t find “spousal support” in any official paperwork filed with a Florida court. That’s because “spousal support” is a broader term used in other states or in general legal discussions.

It’s especially important for people moving to Florida from out of state. If you’re used to hearing “spousal support” in places like California or New York, switching your terminology to match Florida’s can make life easier when you’re dealing with legal professionals.

Types of Alimony in Florida

Florida doesn’t treat alimony as a one-size-fits-all situation. In fact, there are several different types of alimony, each designed for a specific purpose. Which type applies depends on things like how long you were married and what your financial life looked like during that time.

Today, durational alimony has become the default in most cases involving longer marriages, especially since permanent alimony is off the table. Rehabilitative and bridge-the-gap are still common when one spouse just needs a little help to get back on their feet.

2023 Legislative Changes That Changed Everything

In mid-2023, Florida lawmakers gave the state’s alimony laws a major overhaul. If you’ve read older blog posts or talked to someone who divorced a few years ago, chances are their experience doesn’t reflect how things work today. That’s because on July 1, 2023, Senate Bill 1416 went into effect, and it shook up the entire system.

Here are the biggest changes you should know about:

• Permanent alimony was eliminated. This used to apply in long-term marriages, but it’s no longer an option in any new divorce case.
• Durational alimony was limited. Now, it can’t last longer than 50 percent of a short-term marriage or 60 percent of a moderate-term marriage. Long-term marriages cap out at 75 percent.
• Modifications got easier. If the paying spouse retires or experiences a significant change in income, they can now request a modification with a clearer legal standard.

In short, the focus has shifted toward temporary and transitional support, not indefinite payments. These updates are meant to balance fairness with financial reality, especially for retirees and those nearing retirement.

Factors That Determine Alimony

Alimony in Florida isn’t based on a formula. Judges weigh a range of factors to decide whether alimony should be awarded, how much, and for how long. The process isn’t random, but it’s definitely case by case.

Here are the key things a Florida court will consider:

1. Length of the marriage – Generally, short-term means under 10 years, moderate is 10 to 20 years, and long-term is over 20.
2. Financial need vs. ability to pay – One spouse must need support, and the other must be able to provide it without undue hardship.
3. Standard of living during the marriage – Courts aim to avoid drastic lifestyle changes, especially for dependent spouses.
4. Age and health of both parties – Medical conditions or older age may affect someone’s ability to earn income post-divorce.
5. Education, job history, and earning potential – A spouse who hasn’t worked in years might need time to re-enter the job market.
6. Contributions to the marriage – This includes parenting, homemaking, or supporting the other spouse’s career or education.

Bottom line? The court wants to make sure no one’s being left in the dust. It’s not about punishing either side, it’s about finding a fair financial split when one person has more earning power than the other.

Tax Treatment of Alimony

Here’s a detail a lot of people miss: alimony used to be deductible for the paying spouse and taxable for the one receiving it. Not anymore. The tax laws changed in 2019, and that flipped the whole arrangement.

This change applies to new agreements only. If your divorce was finalized before 2019 and hasn’t been modified since, the old tax rules might still apply. But for everyone else, alimony is now treated like a personal expense, no write-offs, no income reports.

Final Takeaway: Use Florida’s Legal Language

It might feel like a small thing, but using the correct terminology matters. In Florida, “alimony” is the only term that appears in legal filings. If you’re using “spousal support” in your paperwork or conversations, you might end up confusing your attorney…or yourself!

Whether you’re drafting documents, looking up court rules, or just trying to understand your rights, stick with the language Florida courts recognize. It’s one less thing to worry about in an already stressful process.

In short: Alimony and spousal support might mean the same thing in casual conversation, but in Florida, only one of them actually counts.