The End of Permanent Alimony in Florida
Alimony
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Alimony was changed drastically in Florida on July 1, 2023. Senate Bill SB 1416 was signed by Governor DeSantis on June 30, 2023. This new law applies to ALL pending cases that have not been decided. Even cases scheduled for trial must apply the new law. This means that many litigants’ proof and preparation changed for trial.
The most important change introduced by SB 1416 is the elimination of permanent alimony. Florida will now recognize only four types of alimony:
- Temporary
- Bridge-the-gap
- Rehabilitative
- Durational
These forms of support can be ordered as lump-sum payments or as periodic installments, depending on the specifics of the case.
New Considerations in Alimony Awards
The new law added several additional factors that courts will consider when determining alimony. The Court now must lay out a finding of fact not only for the type of alimony awarded (if any at all) but also a basis for the length of time of any award.
Furthermore, the bill codifies the case law in multiple respects: it lays out that the party seeking alimony is the party with the burden to prove the need and ability to pay. The new law also codifies that to secure alimony with life insurance there must be some type of special circumstance.
The Court must now also consider the anticipated needs and necessities of life after the litigation not just the lifestyle of the parties during a marriage,
a party’s mental health and if the mental health condition is permanent or temporary,
if someone can obtain skills or education to contribute to their own survival,
and the economic aftermath of adultery instead of just the circumstances surrounding it.
WHAT THIS COULD MEAN FOR YOU
If you are seeking alimony you will have to prove your need. The Florida District Courts are split on what “need” means and the bill does not change or clarify that. The Florida Supreme Court will have to rule on this issue as cases work their way through the appeal process.
Unless you are of retirement age or there is something preventing you from working, you will be expected to seek employment. If you do not think you can work, you are going to need to provide medical records or even a vocational expert to explain how and why you cannot be gainfully employed.
If you are a current payor of alimony you may be able to modify your obligation based on retirement considerations.
Changes to Durational Alimony
The new law also introduces modifications to the durational alimony structure. Durational alimony may not be awarded in a marriage less than three years in length. The length of durational alimony is now prescribed – not to exceed 50% of a short-term marriage (which would be less than 10 years – a change from the current 7 years), 60% of a moderate-term marriage (which would be 10-20 years – a change from the current 7-17 years), and 75% of a long-term marriage (which would be 20 years or more – a change from the current 17+ years).
It also now outlines for the first time some type of formula for a guideline for the amount of alimony. This is a major change considering the Courts have previously had complete discretion over the amount provided it did not leave the payor destitute. The amount of durational alimony will be determined by reasonable need or not to exceed 35% of the difference between the net incomes of the parties, whichever is less.
There are many unanswered questions and case law will be developed that interprets this new law. If you have questions about this new alimony law or one of the other new family law statutes, you can schedule a consultation with Attorney Debora A. Diaz.
Call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/. All consultations are by telephone or video conferencing for efficiency and convenience.
Attorney Diaz practices exclusively in divorce and family law in Florida. Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.