How Alimony Reform Changed the Rules for Florida Divorces

If you went through a divorce in Florida before July 2023, or if you are thinking about one now, you may have heard that the alimony rules changed significantly. You heard correctly. Florida’s alimony landscape looks very different today than it did just a few years ago, and if you are navigating a divorce, understanding those changes matters quite a bit. So what actually changed, and what does it mean for people going through a split right now?

The End of Permanent Alimony

The biggest headline from the 2023 reform is the elimination of permanent alimony. Under Florida Senate Bill 1416, signed into law on June 30, 2023, and effective July 1, 2023, Florida courts no longer have the authority to award open-ended, lifelong spousal support. Previously, a spouse in a long marriage could receive alimony payments that continued indefinitely, ending only upon death or remarriage. That option is gone for divorces filed on or after July 1, 2023, as well as for cases that were still pending on that date.

It is worth noting that existing permanent alimony orders from pre-2023 divorces are not automatically wiped away by the new law. Those obligations remain in place, though modification under certain circumstances may still be possible.

How the New Rules Define Marriage Length and Set Limits

Under the reformed Florida Statute 61.08, marriages are now categorized differently than before, and those categories directly affect what kind of alimony a court can award and for how long:

• Short-term marriage: under 10 years (previously under 7)
• Moderate-term marriage: 10 to 20 years (previously 7 to 17)
• Long-term marriage: more than 20 years (previously more than 17)

For durational alimony, which provides support for a defined period of time, the caps are tied to the length of the marriage. Payments cannot exceed 50% of the length of a short-term marriage, 60% of a moderate-term marriage, or 75% of a long-term marriage. Rehabilitative alimony, which is meant to support a spouse while they gain education or job skills, is now capped at five years. Durational alimony is also limited to the recipient’s reasonable financial need or 35% of the difference between the spouses’ net incomes, whichever is less.

Other Changes Worth Knowing

The 2023 reform introduced several other notable shifts beyond the elimination of permanent alimony. Courts can now consider adultery and its economic consequences when determining support. A paying spouse’s retirement is also recognized as a potential basis for modifying or ending alimony payments, giving payors a clearer path to seek relief when they legitimately leave the workforce. And if the alimony recipient is found to be in a “supportive relationship” with another person, the court is directed to reduce or terminate the award.

Reach Out to Us Today for Help

Whether you are considering divorce, are already in the middle of one, or are wondering whether a pre-2023 alimony order can be modified, the 2023 reforms make it more important than ever to understand exactly where you stand. At The Law Office of Laurie R. Chane, we are here to walk you through it. Contact our Dade City divorce attorneys to discuss your situation and learn how the updated rules may affect your case. Reach out to The Law Office of Laurie R. Chane today to get started.

Source:

flsenate.gov/Session/Bill/2023/1416