What it means
Section 61.08 is Florida's alimony statute. Since a 2023 overhaul, it authorizes four types — temporary, bridge-the-gap, rehabilitative, and durational — and eliminated permanent alimony. Before awarding any of it, a court must make a specific finding that one spouse has an actual need and the other has the ability to pay. Durational alimony is capped by the length of the marriage. For estate purposes the key rule is simple: alimony terminates on the death of either party (durational also ends on the recipient's remarriage), so an ongoing obligation does not become a claim against the payer's estate.
- Since 2023, Florida allows four types of alimony — temporary, bridge-the-gap, rehabilitative, durational — and no permanent alimony.
- A court must first find an actual need by one spouse and an ability to pay by the other.
- Alimony terminates on the death of either party — it does not survive as a claim against the estate.
- Durational awards are capped at 50% / 60% / 75% of a short-, moderate-, or long-term marriage's length.
How it plays out
In probate we care about one line of this statute: alimony ends at death. When a divorced client dies still paying, the obligation stops — it is not a debt the estate keeps paying, unless a marital settlement agreement or a life-insurance requirement says otherwise. We check those agreements, because parties sometimes contract for support to continue or to be secured by insurance, which changes the answer. The 2023 reform also means a surviving ex-spouse rarely has a lifetime claim; permanent alimony is gone, so most awards were already time-limited.
Questions people ask
