An Overview of Florida’s New Alimony Law: Elimination of Permanent Alimony

The Law Office of Laura A. Olson, P.A., a Tampa alimony law firm, is committed to informing you about the latest legal changes, especially in family law. Today, we’re addressing a hot topic that has garnered much attention in Florida – the recent spousal support maintenance reform under Senate Bill 1416 (SB 1416).

The New Alimony Law in Florida 2023

 SB 1416, the Dissolution of Marriage bill that went into effect July 1, 2023, amends Florida laws governing spousal support and alimony.

Key highlights of SB 1416 include:

• Burden of Proof: The party seeking alimony has a specific burden of proof to showcase their need and entitlement to support.
• Adultery Consideration: Courts are now authorized to consider the adultery of either spouse and any economic repercussions when determining alimony amounts.
• Mandatory Reduction/Termination: The court is mandated to reduce or terminate alimony in certain circumstances, especially when specific conditions concerning the payer’s retirement are met.

SB 1416 Eliminates Permanent Alimony

 SB 1416 removes permanent alimony as an option and introduces stipulations that can reduce or terminate previously awarded permanent alimony.

Types of Alimony under SB 1416

Under Florida law, including the newly implemented SB 1416, several types of alimony can be awarded based on each case’s specific circumstances and needs. SB 1416 brings clarity and some alterations to the conditions surrounding these types. Here are the primary types of alimony under SB 1416:

1. Temporary Alimony: Designed to provide financial support to the lesser-earning spouse during the divorce proceedings. Lasts only for the duration of the divorce proceedings and ceases once the divorce is finalized.

2. Bridge-the-Gap Alimony: Helps a spouse with immediate, short-term needs during the transition from married life to single life. Can be awarded for up to 2 years and is non-modifiable in both amount and duration.

3. Rehabilitative Alimony: Aimed at supporting a spouse who needs education or training to become self-sufficient post-divorce. The recipient usually presents a defined rehabilitative plan outlining their needs and goals. Duration varies, and under the new law, is capped at five years and tied to the timeframe of the outlined rehabilitative plan. It can be modified or terminated if there’s a substantial change in circumstances or if the recipient doesn’t comply with the plan.

4. Durational Alimony: Provides economic support for a set period, generally can’t exceed the length of the marriage, and may be modified or terminated under certain circumstances, like a significant change in the financial status of either party.

SB 1416 Redefines “Duration of the Marriage”

Typically, the longer the marriage, the more likely a court may consider a longer alimony term, though each case is unique. The new legislation updates the definitions for the durations of marriages: marriages lasting under 10 years are now classified as short-term, a shift from the earlier 7-year threshold. Marriages spanning between 10 and 20 years fall under the moderate-term category, adjusted from the previous 7-17 years. Lastly, long-term marriages are now those lasting 20 years or more, as opposed to the prior definition of 17 years or more. The modifications to durational alimony encompass:

• No durational alimony for marriages under three years in Florida.
• Durational alimony limits: up to 50% of a short-term marriage’s duration, 60% for a moderate-term marriage, and 75% for a long-term union, barring exceptional circumstances.
• Alimony determinants include factors such as the age and employability of the former spouse.
• The alimony sum is either what the court deems as a reasonable requirement or a maximum of 35% of the income disparity between the two ex-spouses, choosing the lesser amount.
• Consideration for preserving the marital standard of living has been eliminated.

Contact Tampa Divorce Attorney Laura A. Olson, P.A.

 Going through a divorce and dealing with alimony issues can be challenging. With SB 1416, it is important to consult a knowledgeable Tampa divorce attorney to understand your rights and responsibilities fully. The Law Office of Laura A. Olson, P.A. is here to guide you through every step, ensuring a fair and informed resolution to your family law concerns.

Are you curious as to what you may pay in durational alimony?  Try our durational alimony calculator.  For further help with your alimony questions, call an alimony professional at Laura A. Olson, P.A.

Sources:

flsenate.gov/Committees/BillSummaries/2023/html/2984

fastdemocracy.com/bill-search/fl/2023/bills/FLB00029036

law.com/thelegalintelligencer/2023/05/19/the-end-of-permanent-alimony-understanding-the-nuance-behind-senate-bill-1416/?slreturn=20230708144624

jacksonville.com/story/news/politics/2023/07/03/permanent-alimony-new-florida-law-change/70378477007