The Florida legislature has passed an alimony reform bill (Senate Bill 1416) which was signed into law by Governor Ron DeSantis on June 30, 2023.
This bill, which applies to all petitions for dissolution of marriage that are filed or pending as of July 1, 2023, has dramatically overhauled Florida’s alimony laws by eliminating permanent alimony and making other significant changes.
This article will walk you through some of the major changes in the law and how they may affect you.
WHAT THE NEW ALIMONY LAW SAYS:
Under the new law, when a party who is ordered to pay alimony retires, he or she is now able to seek a modification or termination of alimony. Retirement age can be as early as age 62, or such other age set by Social Security Law. Judges will reduce or terminate alimony, support or maintenance payments after considering a number of factors, including:
- “The age and health” of the person who makes payments.
- The customary retirement age of that person’s occupation.
- “The economic impact” a reduction in alimony would have on the recipient of the payments.
- The “motivation for retirement and the likelihood of returning to work” of the person making the payments.
A petition to modify alimony may be filed 6 months prior to the anticipated retirement date.
It is this firm’s opinion that a disability finding may also trigger a potential modification.
The new law will also allow alimony payors to seek modifications if “a supportive relationship exists or has existed” involving their ex-spouses in the previous year.
THE 4 TYPES OF ALIMONY UNDER THE NEW LAW:
In place of permanent alimony, four types of alimony may be awarded: temporary, bridge-the-gap, rehabilitative and durational alimony. The term/length of the marriage is an important factor in the determination of alimony. The term of the marriage is the period between the date of marriage and the date of the filing of the divorce petition
(Note: If the marriage is broken, file at the earliest possible time if you will be the party responsible for alimony).
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Temporary alimony:
Temporary alimony is intended to assist a party financially during the pendency of the divorce action.
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Bridge-the-Gap alimony:
Bridge-the-Gap which is intended to assist a party in transitioning to single life, is limited to a maximum of 2 years.
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Rehabilitative Alimony:
Rehabilitative Alimony which is intended to enable a party to be trained or educated in order to become self-supporting or able to contribute to their own support, is limited to a maximum of 5 years.
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Durational Alimony:
Durational alimony is alimony that is paid for a set period of time, either by agreement between the parties or court order, if the parties cannot agree. For a short-term marriage (up to 10 years), durational alimony cannot exceed 50% of the term of the marriage. For a moderate-term marriage (10-20 years), it may not exceed 60% of the term of the marriage. For a long-term marriage (20+ years), durational alimony cannot exceed 75% of the term of the marriage.
The amount of durational alimony is needs-based but may not exceed 35% of the difference between the husband and wife’s net incomes (i.e., whichever is less).
The courts will be permitted to consider the adultery of either spouse and its resulting economic impact in determining the amount of alimony to award.
NEXT STEPS:
The changes in the law applicable to alimony are significant and developing. While we have tried to address limited key provisions in the law, it is imperative that you contact your Family Law Attorney to review your options.
Hoffman, Larin & Agnetti, P.A. has been representing families for over 40 years in Miami-Dade, Broward and Palm Beach counties and 25 years in the Florida Keys. Call our experienced Family Lawyers at 305-653-555 to review all your Divorce, Separation, Custody, Paternity, Domestic Violence and of course Alimony options.
Hoffman, Larin & Agnetti. Experience and Results Matter.
