In the State of Florida, an individual who is a party to a case for dissolution of marriage (i.e. divorce matter), may request that the court enter an award of alimony in his/her favor (unless alimony was waived in a valid and enforceable prenuptial agreement). Traditionally, prior to July 1, 2023, the nature of the request for alimony could have been in the form of: (1) bridge-the-gap, (2) rehabilitative, (3) durational, or (4) permanent alimony. However, the Florida legislature has recently made some MAJOR changes to the Florida alimony laws (Fla. Stat. 61.08). Most notably, the elimination of permanent alimony and the NEW criteria for alimony modifications. Those are just two changes, but there are so many more. Keep reading to learn what changes have been made to the alimony laws, effective July1, 2023.‍

The new alimony statute that took effect July 1, 2023 does away with permanent alimony, and in its place is now a formula-based system for determining alimony based on the length of the marriage and the total net income of the spouse who is ordered to pay alimony. Additionally, the changes include and establishes the maximum length of time alimony can be paid. But, most notably, the new alimony laws also caps and limits the amount of durational alimony that that can be awarded, barring exceptions.

Under the new law, although the option to award permanent (lifetime) alimony is eliminated, the Florida legislature did leave four (4) forms of alimony: bridge-the-gap, rehabilitative, and durational forms of alimony. Furthermore, rehabilitative and durational alimony was revised as follows:

1. When awarding rehabilitative alimony, the court is limited to five (5) years.
2. Durational alimony may not be awarded for a marriage of less than three (3) years. ‍

‍

‍LIMITS OF THE LENGTH OF TIME DURATIONAL ALIMONY MAY BE AWARDED

Durational alimony still exists under the new alimony law. However, the changes to Fla. Stat. 61.08 puts a limit on the length of time that durational alimony can be awarded. The limit on that length of time is based on a percentage of the length of the marriage.

SHORT TERM MARRIAGE: A short term marriage is now a marriage that lasts less than ten (10) years. When a couple is married in what is now considered a “short term marriage,” an award of durational alimony is limited to no more than 50% of the length of the marriage. For example, if a couple married for six years files for a dissolution of marriage, and the court awards durational alimony to a spouse, then the durational alimony award is capped to no more than three years. These caps may be extended but only under “exceptional circumstances.”

MODERATE TERM MARRIAGE: A moderate term marriage is now a marriage that lasts for ten to twenty years (10-20 years). When a couple is married in what is now considered a “moderate term marriage,” an award of durational alimony is limited to no more than 60% of the length of the marriage. For example, if a couple married for fifteen years files for a dissolution of marriage, and the court awards durational alimony to a spouse, then the durational alimony award is capped to no more than nine years. These caps may be extended but only under “exceptional circumstances.”

LONG TERM MARRIAGE: A long term marriage is now a marriage that lasts twenty years or more. When a couple is married in what is now considered a “long term marriage,” an award of durational alimony is limited to no more than 75% of the length of the marriage. For example, if a couple married for twenty years files for a dissolution of marriage, and the court awards durational alimony to a spouse, then the durational alimony award is capped to no more than eighteen years. These caps may be extended but only under “exceptional circumstances.”

‍

CALCULATING ALIMONY: EXAMPLES

The term of an award is limited based on the duration of the marriage, with certain exceptions, and may not exceed the lesser of the obligee’s “reasonable need” or 35 percent of the difference between the parties’ net incomes. The new law does not

EXAMPLE: A husband and wife are parties toa dissolution of marriage case, and the wife seeks an award of alimony in her favor. The male spouse earns $10,000.00 net income and the female spouse earns $5,000.00 net income. The difference between the parties’ net incomes is $5,000.00. Under these circumstances, the limit on alimony is $35% of $5,000.00 = $1,750.00.The award is limited to $1,750.00, or the wife’s reasonable need.

‍

LIFE INSURANCE & “SUPPORTIVE” RELATIONSHIPS

The new alimony law, also requires that a court “must” make specific written findings if it requires an obligor to purchase life insurance to secure the award of alimony. Furthermore, a court must reduce or terminate an award of alimony if it makes specific written findings that a supportive relationship exists. The new law places the burden on the obligor to prove by a preponderance of the evidence that such a relationship exists. Once proven, the burden shifts to the obligee to prove by a preponderance of the evidence the court should not reduce or terminate alimony.

‍

RETIREMENT: STANDARDS AND PROCEDURES

Before the new changes, case law allowed for the modification ortermination of alimony upon “reasonable retirement,” which itself was acourt-created concept that was not historically codified by the Florida Statelegislature. However, now with the new changes, the legislature has codifiedstandards and procedures related to retirement of a party in a dissolution ofmarriage case. For example, If the obligor seeks to retire, the obligor mayapply for modification of the alimony award no sooner than 6 months priorto the planned retirement. At that point, the court will then consider anumber of factors in determining whether to modify or terminate alimony.

Discuss Your Case with A South Florida Divorce Lawyer Experienced in Alimony Matters.

The Joseph Firm, P.A., has extensive experience helping clients in various alimony matters in South Florida, including Miami Dade County. Our law firm fully understands the challenges of navigating alimony issues and we're always ready to provide the highest-quality legal representation. Whether your case settles outside the courtroom or goes to trial (or final hearing), our attorneys go the extra mile for every client.

We handle every case with a unique approach, as we know everyone’s financial circumstances, before and after a divorce, are different. You can expect care and compassion while we fight aggressively for your rights and a favorable outcome. Our firm offers evaluations. Speak to a Miami divorce attorney at The Joseph Firm, P.A., today by calling (305) 501-0992 or contacting us online.

And if you, or someone you know, is dealing with a family, alimony or marital related matter call a Miami divorce lawyer at Joseph Firm, P.A.  who can help handle your case from beginning to end. Helping you pursue the best possible outcome. The experienced divorce lawyers at Joseph Firm, P.A. are ready to hear your story. We provide smart, aggressive family law representation to clients. To learn more, call (305)501-0992 or contact us online.