Over the last several years, Florida has made significant changes in its alimony laws, fundamentally altering how spousal support is decided and awarded in divorce cases. The alimony reform bill, signed into law by Governor Ron DeSantis, has enacted some of the most dramatic changes to spousal support in Florida in years.
New Key Changes to Florida Spousal Support (Alimony)
The new law, which took effect on July 1, 2023, replaced Florida’s old alimony system with several updated guidelines that will impact divorcing spouses throughout the state. The following are some of the more notable changes to the Florida Statutes.
The Elimination of Permanent Alimony
Family law courts in Florida can no longer award permanent alimony. Instead, courts only can award the following types of spousal support:
- Temporary alimony
- Bridge-the-gap alimony
- Rehabilitative alimony
- Durational alimony
This change has significant consequences for both the paying and receiving spouse.
For the paying spouse, the elimination of permanent alimony means there is no more lifetime financial obligation toward an ex-spouse. For the receiving spouse, this means greater pressure to achieve financial self-sufficiency, which can be particularly challenging for older spouses and those who sacrificed their own careers to care for children. Especially for those close to retirement age, it may be difficult to reenter the workforce to support themselves.
Limits on Durational Alimony
With the elimination of permanent alimony, durational alimony has become the primary choice for long-term financial support in Florida. Durational alimony provides financial assistance for a set period, based on the length of the marriage. However, durational alimony is now only awarded when other forms of alimony are insufficient to support the receiving spouse’s transition to self-sufficiency.
Furthermore, the new law also imposes strict limits on the duration and amount of alimony awards, making significant changes in what is available to financially dependent spouses in divorce cases.
- Short-term marriages less than three years – No durational alimony is now allowed for marriages lasting less than three years, a significant departure from the previous law allowing support even in short-term marriages.
- Marriages of 3 to 10 years – The duration of alimony payments cannot exceed 50% of the length of the marriage.
- Marriages of 10 to 20 years – The duration of alimony payments cannot exceed 60% of the marriage’s length.
- Marriages over 20 years – The duration of alimony payments is limited to 75% of the length of the marriage.
The consequences of these changes? For the paying spouse, the new limits prevent them from being locked into long-term financial commitments to a former spouse.
For the recipient spouse, this means pressure to become financially independent within a set period of time. It may result in an increased need for rehabilitative alimony so the financially dependent spouse can pursue additional education or job training. Furthermore, some recipient spouses could request extensions indefinitely under the old system. Extensions now require proof of exceptional circumstances preventing that individual from becoming employed. This could result in long-term financial challenges for recipients without job prospects or savings.
Retirement is Now a Factor
Retirement itself can now be considered a change in circumstances for purposes of alimony modification or termination. Before the change in law, a paying spouse often faced difficulties modifying or terminating payments because of retirement. Under the new law, a paying spouse who has reached retirement age (as defined by the Social Security Administration) can request a modification or termination of their alimony obligations.
Under the new law, the court will evaluate whether the retirement was voluntary and reasonable and if continued payments are fair based on the retiree’s new financial situation, ensuring that retiring individuals are not forced to keep working just to afford to pay alimony. However, this means a financially dependent spouse could lose their primary income source in the mix. Consequently, courts will now weigh the needs of the recipient against the financial status of the paying spouse when making their determinations.
Adultery Now Has a New Role in Florida’s Alimony Decisions
While Florida is a no-fault divorce state, under the new alimony law, the court may consider adultery when making alimony awards. This consideration primarily focuses on the economic consequences of adultery, such as whether one spouse misused marital funds (dissipation of assets) to support an extramarital affair. While the court does not punish a spouse for infidelity, it could adjust an alimony award if the adultery resulted in financial harm to the innocent spouse, impacted the economic standing of the marriage, or created an unfair burden on the innocent spouse.
However, courts require clear and convincing evidence of dissipation of assets rather than mere suspicion. Courts will consider evidence such as:
- Bank and credit card records
- Receipts for gifts or trips
- Phone and digital payments
- Text messages and emails
- Social media posts and dating app profiles
- Call logs
- GPS data
- Witness testimony
- Private investigator reports
- Other circumstantial evidence
For the cheating spouse, this new law presents the risk of higher alimony payments for the payor or a loss of alimony if they are seeking support. The innocent spouse may receive a higher alimony award to offset these financial losses, a larger share of the marital assets, or a potential reimbursement by the cheating spouse. Evidence of adultery can also offer the innocent spouse greater negotiating power during the divorce settlement process.
Limits on Alimony Awards
Florida’s new alimony law also establishes stricter guidelines for determining the amount of alimony awards. Specifically, alimony payments cannot exceed 35% of the paying spouse’s net income. Even if a receiving spouse argues they need more financial assistance, the court cannot award more than the 35% limit under the new law. However, the court may award the recipient spouse rehabilitative alimony, allowing them time to gain financial self-sufficiency.
Limits on Bridge-the-Gap and Rehabilitative Alimony
Florida’s bridge-the-gap and rehabilitative alimony awards now also come with new limits.
Bridge-the-gap support, which helps the financially dependent spouse transition to financial independence, can now last no more than 2 years and cannot be modified once it is awarded. Rehabilitative alimony, helping the financially dependent spouse gain education, training, or other job skills can now no longer last more than 5 years. In addition, the receiving spouse must provide a clear education or job plan to be awarded rehabilitative alimony.
Other Noteworthy Changes
In addition to the above, Florida’s reformed alimony laws provide for the following changes:
- If the court determines the paying spouse must purchase a life insurance policy to secure the award, it is required to provide its findings in writing, supporting the special circumstances leading to this decision.
- If the court finds that the recipient is supporting another person not related to them in a “supportive relationship,” their alimony must be reduced or terminated.
- If the paying spouse has decided to retire, they can apply to modify their alimony payments no earlier than six months prior to their retirement.
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How Does the New Law Affect Existing Alimony Agreements?
One of the most pressing questions for individuals with existing alimony agreements is how this new law could impact them.
The new law primarily applies to new divorces, and there is no retroactive application of alimony duration limits. However, it does provide options for modifying or terminating pre-existing alimony orders under certain circumstances.
- Existing permanent alimony orders don’t automatically change with the new law. If you are a paying spouse, you must still petition the court to modify or terminate the existing order.
- If you are a paying spouse and have reached full retirement age, the court will now consider this in a determination to reduce or end your alimony obligations.
- The new law strengthens your ability as a paying spouse to seek a modification due to changes in your financial circumstances.
- While Florida law already required alimony to end if the receiving spouse remarried or was in a financially supportive cohabitation relationship, the new law now strengthens and clarifies the rules regarding cohabitation.
- If you are an existing alimony recipient, you may struggle to get alimony extensions under the new law.
The Importance of Understanding Florida’s New Alimony Laws and Seeking Legal Representation
Florida’s new alimony laws represent a significant shift in how alimony gets awarded, modified, and terminated. With the elimination of permanent alimony awards, stricter limits on durational and other forms of alimony, and clearer guidelines for alimony modifications or termination, divorcing spouses may have to reassess their financial expectations when pursuing a divorce in Florida. While these changes were designed to promote fairness and predictability, they also present challenges for spouses who may struggle with reentering the workforce due to age or disability or spouses who had put a career on hold to care for their family.
Navigating these changes will require strategic planning and strong advocacy. Whether you are negotiating alimony in a new divorce or are seeking to modify or terminate an existing one, having an experienced family law attorney will be critical. At Melone Hatley, P.C. our Tampa, Florida family lawyers are here to explain your options and advocate for your best possible outcome. Contact us or call us today at (813) 400 – 1602 for a free consultation with one of our Client Services Coordinators.
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