ALIMONY AND RETIREMENT
FLORIDA'S LAW ON ALIMONY REFORM IN MODIFICATION OF ALIMONY CASES DUE TO RETIREMENT
On July 1, 2023, Governor Ron DeSantis changed Florida law regarding alimony, it applies to all cases filed or pending on July 1, 2023. These changes affect the Court's authority to terminate and reduce alimony.
Under the reformed law, In actions for modification, the court will be authorized to terminate or reduce an award of alimony when the payor has reached the normal retirement age.
The normal retirement age will be considered to be the normal retirement age specified by the Social Security Administration, or the customary retirement age for the payor's profession. The payor must actually retire or make demonstrable efforts to retire. Retirement must reduce the payor's ability to pay. The court will look at the following ten factors in determining whether to reduce or terminate alimony.
One, the age and health of the payor.
Two, the type of work performed by the payor.
Three, the customary age of retirement in the payor's profession.
Four, the likelihood that the payor will return to work, and the payor's motivation for retiring.
Five, the needs of the party receiving alimony and that recipient's ability to contribute to his or her own needs.
Six, the impact that the termination or reduction of alimony would have on the payee.
Seven, the parties' assets before, during and after the dissolution of marriage, and whether either of the parties wastefully dissipated assets received at the time of the divorce.
Eight, the income earned by the parties during and after the marriage.
Nine, the retirement, pension and Social Security Benefits received by the parties after the marriage.
Ten, the payor's compliance with his or her alimony obligation. A payor may file a Supplemental Petition for Modification six months prior to the date of retirement.