Florida's Alimony Law Reform: Key Changes and What They Mean for You
Governor Ron DeSantis recently championed historic changes to Florida’s alimony laws. For anyone divorced or considering divorce, these new rules will reshape financial outcomes. Here’s what you need to know about the most significant updates.
Significant Changes to Florida Alimony Law
Under the new alimony reform bill (HB 1301) signed into law, Florida has enacted dramatic changes to alimony statutes. Here are the key highlights:
1. Elimination of Permanent Alimony
- Florida has eliminated “permanent alimony”, joining states like Massachusetts and Utah.
- Previously, permanent alimony had no duration limit and only ended upon:
- The death of either party
- Remarriage of the receiving spouse
- Proof of a supportive relationship
2. Caps on Terms of Alimony
Florida’s new law introduces strict limits on alimony terms:
3. Caps on Durational Alimony Payments
- Alimony payments are capped at 35% of the difference in the incomes of the paying and receiving parties or the recipient's financial need, whichever is less.
4. Other Important Changes
- Life Insurance to Secure Alimony: Courts must provide written findings justifying any requirement for the payor to purchase life insurance.
- Supportive Relationship Clause: If the recipient supports or has supported another person in a “supportive relationship”, the court can reduce or terminate alimony.
- Retirement Impact: Payors can request a reduction or termination of alimony payments up to six months before retirement.
How Alimony Reform Affects Your Case
- The new alimony law applies only to divorce cases pending or filed after July 1, 2023.
- If your case is new or ongoing, these changes will directly affect you.
Types of Alimony Available in Florida
Alimony, or spousal support, offers financial assistance from a former spouse and can last anywhere from a few months to several years.
Burden of Proof and Written Findings
- The party seeking alimony must prove both their need for support and the other party’s ability to pay.
- Courts must provide written findings detailing the type, amount, and duration of any awarded or denied alimony.
Key Alimony Factors
Courts consider several factors when determining alimony awards, including:
- Duration of the marriage
- Standard of living established during the marriage
- Age, physical, and mental health of both parties
- Income and financial resources of each party
- Earning capacity and employability
- Contributions to the marriage (e.g., homemaking, child care)
- Responsibilities for minor children, especially those with disabilities
- Other factors ensuring equity and justice
Types of Available Alimony
1. Bridge-the-Gap Alimony
- Provides financial support for short-term needs during the transition from married to single life.
- Duration: Up to 2 years
- Non-modifiable in amount or duration
2. Rehabilitative Alimony
- Supports individuals who need education, training, or skills to become self-sufficient.
- Duration: Up to 5 years
- Must be supported by a specific rehabilitative plan.
- Can be modified or terminated if:
- There is a substantial change in circumstances.
- The rehabilitative plan is not followed or completed.
3. Durational Alimony
- Provides financial assistance for a set duration, based on the length of the marriage.
- Marriage Classifications:
- Short-term: Less than 10 years (max duration: 50% of marriage length)
- Moderate-term: 10–20 years (max duration: 60% of marriage length)
- Long-term: Over 20 years (max duration: 75% of marriage length)
4. Temporary Alimony
- Awarded during divorce proceedings to provide support until a final judgment.
- The statute clarifies the authority for temporary alimony awards, but the issue of retroactive temporary awards remains unresolved.
Analysis and Conclusion
While Florida's Alimony Reform Bill may not have fulfilled every reform advocate's wish, it brings significant changes:
- Ends routine permanent alimony awards.
- Sets rational limits on alimony amounts and duration.
- Provides clarity on modifications during retirement.
- Expands the supportive relationship clause to prevent misuse.
Let Our Florida Divorce Attorneys Help With Your Alimony Case
At Sparrow & Fairchild, we have extensive experience guiding clients through complex divorces and fighting for fair alimony outcomes.
- We offer strategic guidance tailored to your situation.
- We stay informed on every legal change to protect your interests.
- Whether paying or receiving alimony, we aim to secure a just settlement or court award.
Contact Sparrow & Fairchild today:
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Our knowledgeable divorce and alimony attorneys are here to:
- Answer your questions
- Explain your options
- Devise an effective legal strategy
Your future deserves protection—let us help safeguard it.