Beginning in July 2023 Florida has a new alimony law (Florida Statute 61.08).  Alimony already existed in Florida for many years but with the changes in the law, we now have a formula for calculating alimony and there has been a change to the types of alimony that can be ordered by a judge. 

The purpose of alimony is to provide greater economic assistance in order to allow the recipient of alimony to achieve self-support.  The party requesting alimony has the burden to prove that they have a need for alimony and that the other party has the ability to pay support.  The law defines four types of alimony: (1) Temporary, to provide the party with support during the pendency of the litigation; (2) Bridge-the-gap Alimony, to be provided for a period of not more than two years to a party to making the transition from being married to being single; (3) Rehabilitative Alimony, to be provided for a period of not more than five years, to assist a party to establish the capacity for self-support; and (4) Durational alimony, to provide a party with economic assistance for a set period of time.  In the new law, the statute no longer provides for permanent, periodic alimony.  The statute further modifies the proof needed to consider a supportive relationship in the award, modification or termination of alimony.  Finally, the new statute provides guidance for modifying or terminating alimony in the case of retirement of the payor. 

Durational alimony is further defined by the appropriate length and amount in given situations.  It is not appropriate for a court to award durational alimony for a marriage lasting less than 3 years.  For a marriage of 3-10 years, the durational alimony cannot be longer than ½ the length of the marriage.  For a marriage of 10-20 years, the duration of alimony would be up to 60% of the length of the marriage and for a marriage of more than 20 years, the duration of alimony would be up to 75% of the length of the marriage.  This duration may be extended in exceptional circumstances.  The amount of durational alimony is the lesser of the recipient’s need or 35% of the difference between the parties’ net incomes.  Net income is generally the gross monthly income less federal and state taxes, Medicare and social security deductions. 

While the new statute has provided much more guidance to the court and parties when alimony is requested or when a party seeks to modify or terminate a prior alimony award, there are still many factors to be considered in any question of alimony.  No short summary can fully explain the law or how it would apply to particular situations.  As always, it is best to seek the advice of an attorney whose practice focuses on family law in Florida before making any decision involving divorce. 

Once again I was invited to present the Annual Case Law Update to this years Family Court Professional Coalition (FCPC) Annual Conference. It is my great pleasure to work with this organization and serve on their Board of Directors in order to help improve the Family Court system in my local area. It is also an annual highlight to present this update of all legal cases involving family law decided in the last year from the Florida appellate courts. While I do not litigate, it remains important to stay up to date on the current law in order to assist my clients in reaching the best resolution to their cases. You can find my update here.

It is that time of year again. I just presented my annual Family Law Case Law Review to the 14th Annual Twelfth Judicial Circuit Family Court Professional Collaborative (FCPC) Conference. There were a lot of very interesting cases again this year. My full case law review can be found here.