On July 1, 2023, new alimony laws went into effect in Florida. These laws are still in effect today and can significantly impact a couple going through divorce. Gone are the days of permanent, “forever” alimony where there were no durational limits absent limited circumstances.
Today, the length of alimony is capped. In instances where a spouse is ordered to pay rehabilitative alimony, the duration is limited to 5 years. Rehabilitative alimony provides a former spouse with financial support while pursuing educational or trade skills to become self-supporting.
Durational alimony is based on the length of a marriage. The caps on durational alimony are:
- Less than 3 years of marriage: Presumed ineligible for durational alimony.
- Marriages of 3 to 10 years (short-term marriages) are now limited to 50% of the marriage length.
- Marriages of 10 to 20 years (moderate-term marriage) are now limited to 60% of the marriage length.
- Marriages over 20 years (long-term marriage) are now limited to 75% of the marriage length.
The court may exceed the caps in cases where a party’s mental or physical disability could impact their ability to be self-supporting, or in instances where one parent is caring for the parties’ disabled child. In computing durational alimony, the payment is also capped at a maximum of 35% of the difference in the net incomes of the paying and receiving parties or the recipient’s financial need, whichever is less. When it comes to the purchase of a life insurance policy to secure an award of alimony, the court must now provide express written findings justifying the requirement that a paying spouse must get a life insurance policy naming the recipient spouse as the beneficiary.
If a paying spouse has reached retirement age, as defined by the Social Security Administration, relief can be requested in the form of a modification or termination of their alimony obligations.
Although Florida is a no-fault state for divorce, adultery can be considered by the court in determining alimony awards. Focus is on the economic consequences caused by the adultery – did one spouse cause dissipation of marital assets in order to support an extramarital affair? While the court cannot directly punish a spouse for adultery, it can adjust an alimony award if the adultery impacted the financial standing of the marriage, resulted in financial harm to the innocent spouse, and/or created an unfair burden on the innocent spouse.
How Alimony Reform Affects Your Case – Past, Present, Future
- Past
- The new alimony laws only apply to dissolution cases pending or filed after July 1, 2023.
- Existing alimony orders don’t automatically change with the new law. A party needs to petition the court to modify or terminate the existing order.
- However, the new law provides a framework to seek modifications for those who can prove a significant change in circumstances to modify an existing agreement.
- Present
- The new law provides parties with a more structured and arguably fair set of parameters to better understand their potential exposure and liability during a dissolution proceeding.
- Future
- Only time will tell how much the changes to the law will ultimately affect alimony for parties.
Every marriage – and every divorce – is unique, bringing specific factual circumstances to the table. Divorce is difficult under the best of circumstances. If you are facing a divorce and need the legal advice of counsel, we are here to help.
This article is for general information only and is not intended and does not constitute legal advice or solicitation of a prospective client. It should not be relied on for legal advice in any particular factual circumstance.