ALIMONY REFORM IN DISSOLUTION OF MARRIAGE CASES
FLORIDA'S LAW ON ALIMONY REFORM IN INITIAL DISSOLUTION CASES
On July 1, 2023, Governor Ron DeSantis changed Florida law regarding alimony, it applies to all cases filed or pending on July 1, 2023. The changes may seriously impact a party needing spousal support.
The most impactful change is that the new law eliminates permanent alimony. The Courts will now only award four types of alimony - temporary, bridge-the-gap, rehabilitative and durational alimony. Courts may order alimony to be paid in a lump sum or as periodic payments.
The Court will also be permitted to consider adultery and its economic impact when determining the amount of alimony to be awarded.
As it was prior to the changes, a party seeking alimony will have to demonstrate the need for alimony and that the other party has the ability to pay. Once those to factors have been determined the Court will also consider eight other factors –
One, the parties' standard of living during the course of the marriage and the anticipated needs of both of the parties after a divorce is granted.
Two, the duration of the parties' marriage.
Three, the parties' age, physical and mental condition.
Four, the income and resources of both parties and the income earned from marital and nonmarital assets.
Five, the earning capacities, educational levels and employability of the parties. Courts are to consider the ability of both of the parties to obtain the necessary skills or education to enable themselves to either contribute to their own support or become self-supporting.
Six, the contribution that each of the parties made to the marriage, including education, career building, homemaking and child care.
Seven, the responsibilities that each of the parties will have in raising children that they have in common.
Eight, any other factor that courts of equity and justice should consider in making an alimony award. This may include a finding that a supportive relationship exists or that one of the parties is expected to retire at a reasonable age.
Another consideration that Court must take into account is the duration of the marriage and based on the facts of the case whether the marriage is short-term, moderate-term or long-term.
A short-term marriage is going to be considered to be a marriage that lasts less than 10 years. A moderate-term marriage is going to be considered to be a marriage that lasts between 10 and 20 years. A long-term marriage will now be considered to be a marriage that lasts 20 years or more. The length of the marriage is considered to be the amount of time that has elapsed between the date of the marriage and the date of the filing for divorce.
DURATIONAL ALIMONY
durational alimony lasts for a set period of time. It may not exceed 50% of the length of a short-term marriage, 60% of the length of a moderate-term marriage, and 75% of the length of a long-term marriage. An award of durational alimony may be extended under exceptional circumstances based upon the above described 9 factors and a consideration of the following 4 factors.
One, the extent to which the payee's age and employability wholly or partially limit the payee's ability to be self-supporting.
Two, the extent to which the payor's available financial resources wholly or partially limit the payor's ability to be self-supporting.
Three, the extent to which a payee's mental or physical disability wholly or partially limits the payee's ability to be self-supporting.
Four, the extent to which a payee is the caregiver to the parties' mentally or physically disabled child. The amount of durational alimony will be the amount that is required to meet the payee's reasonable needs, or an amount that does not exceed 35% of the difference between the husband and wife's net incomes, whichever amount is less.
BRIDGE THE GAP ALIMONY
Bridge-the-gap alimony may be awarded to assist a party in making the transition from married to single life. It is intended to assist a party with identifiable, short-term needs. The length of an award of bridge-the-gap alimony may not exceed 2 years.
REHABILITATIVE ALIMONY
Rehabilitative alimony is intended to provide education and training that will enable a party to become self-supporting or contribute to their own support. Under the new alimony reform legislation, an award of rehabilitative alimony may not exceed 5 years.
An alimony award may not leave the payor with significantly less net income than the net income of the payee, unless there are exceptional circumstances.
These changes also impact the modification or termination of alimony obligations due to retirement. Please see the article on our website regarding this issue.
If you have questions or need guidance, please feel free to contact our office at (321) 306-8718, or email Beth at [email protected] and schedule a free 30-minute phone consultation to see if we can help.