On June 30, 2023, Governor Ron DeSantis signed into law SB 1416. The bill constitutes the largest overhaul to alimony in Florida in years. Orlando marital and family law attorney Michael Mendoza shares the top five things to know about this new law.
1) Permanent Alimony Is No More.
Perhaps the most significant change to Florida’s alimony law is the abolishment of permanent alimony as a form of support.
Permanent periodic alimony was a form of alimony that could continue indefinitely, or until the receiving spouse dies, remarries, or enters a supportive relationship. This form of alimony was typically reserved for long-term marriages.
Temporary, durational, and rehabilitative alimony remain available forms of alimony under the revised law.
2) Length of Marriage Redefined.
The next significant change to alimony is redefining the lengths of marriages used in determining the forms, amount, and duration of alimony awards.
Under the revised law, short-term marriages are now defined as 10 years or less; moderate-term marriages are defined as between 10 and 20 years; and long-term marriages are defined as 20 years or longer.
Previously, marriages lasting 7 years or less were considered short-term, while those lasting between 7 and 17 years were considered moderate-term. Long-term marriages were previously 17 years or longer.
3) Guidelines Established for Durational Alimony Awards.
The bill also makes several substantial changes to the durational form of alimony.
For example, effective July 1, 2023, durational alimony cannot be awarded in marriages lasting less than three years.
Going forward, the law also places presumptive caps or limits to the length of a durational alimony award. Under the revised law, durational alimony awards generally may not exceed half of the length of a short-term marriage; 60% of the length of a moderate-term marriage; or 75% of the length of a long-term marriage.
The new law also establishes a calculation for the presumptive amount of a durational alimony award.
4) Statutory Factors Revised.
Courts must continue to evaluate the various factors set out in section 61.08(2), Florida Statutes, when determining what forms of alimony to award in a marriage.
Those factors, however, have been revised by the new alimony law. These changes include:
- Moving the duration of the marriage from the second to the first factor;
- Broadens the standard of living factor to include the expected needs of each party after the final judgment;
- Adds a party’s mental condition and physical or mental disability to the court’s consideration; and
- Removes tax treatment and consequences of an alimony award from consideration by the family law court.
5) Written Findings Required.
In arriving at an award of alimony, the court must make specific written findings of fact relative to the factors in 61.08(2).
If the court denies support based on the lack of need or the lack of ability to pay, the court must make specific written findings of fact to that effect.
In Summary
The changes discussed in this article are just a few of the revisions to Florida’s alimony law.
The changes take effect July 1, 2023, and apply to all cases currently pending or filed on or after that date.
Next Steps
If you have questions about alimony or how the new alimony laws apply to your unique situation, please contact our offices to schedule a consultation with marital and family law attorney Michael Mendoza.