Alimony

The Alimony Reform Act was passed in July 2023. Effectively, Florida Statute § 61.08 has been amended.

Alimony can be awarded as temporary, bridge-the-gap, rehabilitative, or durational alimony and is only awarded as it is equitable. Alimony can be awarded periodically or in a lump sum.

The Court may consider the adultery of either spouse and any resulting economic impact to determine alimony.

The Court considers the following factors when deciding whether to award alimony: 

1. “The Duration of the Marriage.
2. The Standard of Living established during the marriage and the anticipated needs and necessities of life for each party after the entry of the Final Order.
3. The Age, physical, mental, and emotional condition of each party and if any of the needs are expected to be temporary or permanent.
4. The Resources and income of each party, including the income generated from both
5. The Earning capacities, educational levels, vocational skills, and employability of the parties, including the ability of either party to obtain the necessary skills or education to be self-supporting.
6. The Contribution of each party to the marriage, including but not limited to, services rendered in homemaking, childcare, education, and career building of the other party.
7. The Responsibilities each party will have with regard to any minor children whom the patties have in common, with special consideration to the need to care for a child who has a mental or physical disability.
8. Any other factor necessary for equity and justice between the parties, which the Court must make written findings of facts.”

Alimony awards also take into consideration the length of the marriage. In Florida, under the modified, new statute a Short Term Marriage is defined as a marriage lasting less than ten (10) years. A Moderate Term Marriage is from 10 – 20 years. And a Long Term Marriage is presumed to have lasted 20 years or longer. The duration of the marriage is calculated as the date of marriage until the date either party files a Petition for a Dissolution of Marriage. 

Bridge-the-gap alimony may only be awarded for a period not to exceed two (2) years and is used as assistance in transitioning between being married and being single.

Rehabilitative Alimony may only be awarded for a period not to exceed five (5) years.

Durational Alimony may be awarded to provide a party with income for a period of time. Durational Alimony may not be awarded for a marriage lasting less than three (3) years.

IMPORTANT FACTS ABOUT DURATIONAL ALIMONY AS MODIFIED IN 2023 –

1. An award of Durational Alimony cannot exceed 50% of the length of a short -term marriage, 60% of a moderate- term marriage, or 75% of a long -term marriage.
2. A durational alimony award may be extended by a showing of clear and convincing evidence that is necessary upon consideration of the additional factors listed in F.S. 61.08.

Permanent Periodic alimony has been eliminated in the State of Florida.

If you have a question about alimony or need to modify your alimony, please call our office for additional information.

Understanding the Alimony Reform Act of 2023

Comprehensive Alimony Changes

In July 2023, the state of Florida introduced significant modifications to alimony laws with the passage of the Alimony Reform Act. This landmark legislation brings comprehensive changes to how alimony is determined in Florida Courts. Understanding these changes is crucial for anyone going through a divorce or considering one.

Key Changes in Alimony Determination

The Alimony Reform Act of 2023 overhauls the criteria for determining alimony. Duration of Marriage: The length of the marriage plays a crucial role in alimony decisions, with longer marriages potentially resulting in higher and longer-term alimony.

• Income Disparity: The new act closely examines the income and earning potential of both parties, ensuring that the lesser-earning spouse is fairly supported.
• Standard of Living: Maintaining a similar standard of living post-divorce is still a consideration, but the emphasis is on achieving this within reasonable means.
• Contributions to Marriage: Both financial contributions and non-financial contributions, such as homemaking and childcare, are considered in determining alimony.

Types of Alimony Adjustments

The Alimony Reform Act introduces changes to the types of alimony available:

• Temporary Alimony: Financial support provided during the divorce proceedings.
• Bridge-the-Gap Alimony: Short-term assistance to help a spouse transition from married to single life. It can only be awarded for a period not to exceed 2 years.
• Rehabilitative Alimony: Support aimed at helping a spouse acquire the education or training needed to become self-sufficient. It can only be awarded for a period not to exceed 5 years.
• Durational Alimony: Alimony awarded for a set period, often in shorter marriages. It may not be awarded for a marriage lasting less than 3 years.
• IMPORTANT FACTS ABOUT DURATIONAL ALIMONY AS MODIFIED IN 2023 –
• Award cannot exceed 50% of the length of a short -term marriage, 60% of a moderate- term marriage, or 75% of a long -term marriage.
• This award of alimony can be extended by showing a clear and convincing evidence that is necessary upon consideration of the additional factors listed in F.S. 61.08.
• Permanent Alimony: This has been eliminated. This significant change means that judges can no longer award lifelong financial support.

How Our Firm Can Help

Navigating the complexities of the Alimony Reform Act requires professional and intelligent legal guidance. Our experienced divorce attorneys are here to help you understand how these changes impact your case and ensure you receive or provide the appropriate award of alimony under the new statute.  We offer:

• Personalized Legal Advice: Tailored to your unique situation and financial needs.
• Strategic Representation: Focused on achieving the best possible outcome for your alimony case.
• Comprehensive Support: Throughout the divorce process, including post-judgment modifications.

Contact Us Today

If you are facing divorce or need assistance with alimony under the new Alimony Reform Act, contact our firm today. Our knowledgeable attorneys are ready to provide the support and guidance you need to navigate these changes and secure a fair award of alimony. Call us or fill out our online form for a consultation.