Understanding the Recent Changes to Florida Alimony Law
Photo Credit: Alimony Laws by Nick Youngson CC BY-SA 3.0 Alpha Stock Images
By Monik Markus Passalacqua, Esq.
If you are considering divorce or are in the process of planning for marriage in the state of Florida, it is crucial to stay informed about the latest changes in alimony laws that may affect your situation. Florida recently made significant amendments to its alimony laws, reshaping the landscape of spousal support. In this article, we will discuss these changes and their potential ramifications.
Understanding Alimony in Florida
Before delving into the recent changes in Florida's alimony laws, let's begin by understanding what alimony is and how it is treated under Florida’s laws. This foundational knowledge will help you grasp the significance of the new legislative amendments.
What is Alimony and When is it Generally Awarded?
Alimony, also known as spousal support, is a financial arrangement made in divorce cases where one spouse provides ongoing financial support to the other. It is intended to help the lower-earning or economically disadvantaged spouse maintain a similar standard of living after the divorce. Alimony is typically awarded in situations where one spouse has significantly higher income or financial resources than the other. In other words, an award of alimony is determined based on one spouses’ need and the other’s ability to pay, considering several factors that would deem the alimony award fair.
Determining Alimony
Alimony awards in Florida are generally determined by the court taking into account several factors, such as:
The age and mental and physical health of each spouse
The length of the marriage
Each spouse's financial resources and income
The standard of living established during the marriage
The financial and non-financial contributions of each spouse to the marriage
Any child custody arrangements and their associated financial responsibilities
These factors are not exhaustive, and the court may consider any other material circumstances in determining alimony awards.
Types of Alimony Awards
In Florida, alimony can be awarded through various types, each with its specific purpose. These include:
Temporary Alimony: Also known as pendente lite alimony, these alimony awards offer financial assistance during the divorce proceedings, helping maintain financial stability until a final settlement is reached.
Bridge-the-Gap Alimony: This type of alimony is awarded for a two-year maximum period and is designed to help the recipient spouse transition to single life, covering short-term needs like housing or moving expenses.
Rehabilitative Alimony: This type of alimony provides support for education or training to enable the recipient spouse to become self-supporting.
Durational Alimony: Such alimony is awarded for a set period of time, not exceeding the duration of the marriage, to assist the lower-earning spouse during the transition. Read on to learn about recent changes to this type of alimony as well as to permanent alimony, the latter which is no longer available in Florida.
The New Law
The changes to Florida's alimony laws stem from Senate Bill 1416 (SB 1416), which was passed and signed into law on June 30, 2023. The recently passed law revises Florida’s alimony statute, Section 61.08, Florida Statutes. This legislation brought about substantial modifications to how alimony is determined and awarded in the state. It's important to note that these changes in the law are not retroactive. This means that the new rules will only apply to divorces filed on or after July 1, 2023. Any divorces finalized before this date, where a party was granted permanent alimony, will not be affected by the new law.
Elimination of Permanent Alimony
One of the most notable changes is the elimination of permanent alimony. Under the new law, Florida no longer allows the indefinite award of alimony. Permanent alimony used to provide ongoing financial support to the lower-earning spouse until either party's circumstances changed significantly, such as retirement or remarriage. However, this change means that permanent alimony is no longer an option.
New Requirements for Durational Alimony
In place of permanent alimony, Florida law now emphasizes durational alimony. Durational alimony provides financial support to a recipient spouse for a set period of time, typically not exceeding the duration of the marriage. This change aims to make alimony awards more predictable and fair, allowing both parties to plan for the future. However, the law imposes new changes to how durational alimony awards are determined.
The law sets forth parameters on the duration of durational alimony depending on the length of the marriage, which is classified as follows:
Short-Term Marriages: Marriages lasting less than 10 years are considered short-term marriages. Under the new law, durational alimony can be awarded for a duration up to 50% of the length of the marriage. However, it is also important to note that marriages of less than 3 years are not eligible to receive durational alimony.
Medium-Term Marriages: Marriages lasting between 10 and 20 years fall into the medium-term category. In these cases, durational alimony can be awarded for a duration of up to 60% of the length of the marriage.
Long-Term Marriages: Marriages lasting 20 years or more are classified as long-term marriages. For long-term marriages, durational alimony can be awarded for a duration of up to 75% of the length of the marriage.
Exceptional circumstances may be shown with clear and convincing evidence in order to extend the duration of the alimony, however courts will have to consider additional factors when determining whether to grant a longer duration.
Furthermore, according to the new law, the alimony award may not exceed the lesser of the recipient spouse’s reasonable need or 35 percent of the difference between the parties’ net incomes.
Ramifications of the New Law
The changes to Florida's alimony laws aim to make spousal support more equitable and reduce the potential for long-term financial dependence. While these changes may offer more certainty and fairness, they can also create challenges for those accustomed to the old system. Understanding these changes and their implications is crucial for anyone contemplating divorce or marriage planning in Florida.
Seek Legal Guidance
Navigating the intricacies of Florida's evolving alimony laws can be complex, and the outcome can significantly impact your financial future. If you are considering divorce or need guidance on alimony matters, it's essential to consult with an experienced family law attorney. A skilled attorney can help you understand how these changes may affect your specific situation and advocate for your best interests throughout the legal process.
At the Passalacqua Law Firm, our team of dedicated family law attorneys is here to provide the guidance and support you need during challenging times. Contact us today to schedule a consultation and ensure you have the information and advocacy necessary to make informed decisions regarding alimony and divorce in Florida.
DISCLAIMER: This article is provided for informational purposes only and should not be construed as legal advice. If you require legal advice or assistance regarding alimony or any other legal matter, please contact our firm at 321-710-2299, or visit our website: passalacqualawfirm.com. Our experienced attorneys are here to provide you with personalized legal guidance and support tailored to your specific needs and circumstances.