(Understanding How The Recent Changes To Florida’s Alimony Laws May Affect Your Divorce)
Alimony is one of the biggest concerns in any divorce, but particularly in high net worth divorces. How much are you going to have to pay your spouse – or, how much are you going to get from them? The answer has the potential to impact your financial goals and security for years to come.
In 2023, Florida Governor Ron DeSantis signed a bill into law, SB1416, that changed important aspects about how alimony in Florida is determined. The law completely eliminates permanent alimony and also alters the threshold for modifying alimony awards, among other things. Because this is the biggest change to alimony in Florida in decades, if you are considering divorce or are in the midst of a divorce, it is important that you understand what alimony currently is like in Florida and how to navigate your divorce accordingly!
Take a closer look at what the law changes mean for alimony in your divorce case and what you need to know!
Overview:
- Alimony is now primarily based on the length of the marriage.
- Permanent alimony is eliminated.
- Judges have discretion over how alimony is awarded.
How Long Were You Married?
This is the primary factor that will affect alimony in Florida. The length of the marriage has everything to do with how long alimony is awarded!
A marriage that lasted less than 10 years is known as a short-term marriage; a marriage that lasted between 10 and 20 years is considered a moderate-term marriage; and a long-term marriage has lasted over 20 years.
SB1416 did away with permanent alimony, sets a 5-year cap on rehabilitative alimony, and sets a caps on durational alimony in each of the tiers of marriage length. It also did away with durational alimony in a marriage lasting under three-years. Previously, any of those types of alimony could have been awarded. Now, there are only 3 types of alimony: bridge-the-gap, rehabilitative (now limited to 5 years), and durational alimony.
Temporary/Bridge-the-gap alimony is awarded in cases where it would be reasonable for one spouse to receive financial support for a limited, very brief amount of time while they transition to single life (including during a separation, before the divorce has been finalized). This type of alimony does not exceed two years and ends upon the death of either party or the remarriage of the recipient.
Rehabilitative alimony is awarded if one spouse has need of education or employment skills to financially thrive after divorce. However, the spouse must present a plan for how the alimony will be used towards these goals and the alimony may not exceed 5 years.
Durational alimony is not awarded if the marriage lasts less than three years. It may be awarded for up to 50% of a marriage lasting between 3-10 years, up to 60% of a marriage lasting between 10-20 years, and up to 75% of a marriage lasting over 20 years. It is designed to keep both spouses at the same standard of living they enjoyed during the marriage, unless the parties were living beyond their means.
Length Of Time Aside – What Was The Marriage Like, And More Importantly, What Will Life Be Like After Divorce?
Alimony generally will not be awarded unless there is an imbalance between the spouses created by the divorce that did not exist during the marriage. For example, was one spouse the primary breadwinner? Is one spouse much more educated or accomplished or skilled than the other? What was the marital dwelling like? What are the ages and health situations of both spouses? What are the retirement ages of both spouses? What is the mental health of both spouses like?
All of these and more will be taken into consideration when determining alimony in Florida, because the purpose of alimony is to make sure that one spouse doesn’t see a drastic decrease in their standard of living. The new law orders the courts to anticipate the needs of both parties after the divorce.
When Do You Plan To Retire? When Does Your Spouse?
The new Florida alimony reform law also set up a process for obligors to seek a downward modification upon taking certain required steps towards retirement. This means that certain people can seek modification relief when they are ready to retire. However, this bill did not have retroactive effect, and people who were already receiving permanent alimony are protected except to the extent that the alimony can be modified downward by the terms of their judgment or settlement.
Did Your Spouse Have Any Other Help?
One provision in the new law allows alimony payers to seek modifications to an existing alimony agreement or judgment if a “supportive relationship” “exists or has existed” between their former spouse and a third party. If someone helped or is helping your spouse cover expenses, then you may not need to be paying them as much alimony!
Who Is Seeking Alimony In Florida? What Is Their Basis?
Alimony in Florida is not automatic anymore; the new Florida law states that the party seeking support, maintenance, or alimony now has the burden of proving their need for that support as well as proving the other party’s ability to pay.
If you are seeking alimony, but you cannot make a convincing case for it, then you may not receive it, which is why it is so important to work with an attorney you trust and who has a track record of successful outcomes in family law cases.
Judges have a tremendous amount of discretion when it comes to whether or not to award alimony, how much, and for how long; it is determined on a case-by-case basis. Having the right legal representation on your side can make a tens-of-thousands-of- dollars difference when it comes to your finances, whether you are seeking alimony or faced with paying it!
Call Divorce & Mediation Law Firm l Cabanas Law Firm Today!
Our knowledgeable Florida alimony attorneys can explain how the recent law changes may impact your divorce and put you in the best possible position for your life after divorce. Our goal is to reduce drama and conflict as much as possible, keeping your case out of the hands of a judge (if possible) and in your own hands through mediation and collaborative negotiation. Call our team at 954-447-2580 today to request your Free 15-Minute Case Evaluation and get your questions about alimony in Florida answered!
