Florida's 2023 Alimony Overhaul - What You Need to Know:
- McMann, P.A.
- Aug 31, 2024
- 2 min read
Major Changes to Alimony Laws in Florida
In 2023, Florida made sweeping changes to its alimony laws, dramatically altering how support is awarded during divorce proceedings. Whether you’re currently facing a divorce or simply planning for the future, it’s essential to understand these new rules and how they might impact your case.
Permanent Alimony is Gone
One of the most significant changes is the elimination of permanent alimony. Before this reform, courts could award permanent alimony, especially in long-term marriages, to support one spouse indefinitely. Now, permanent alimony is off the table. Instead, the focus has shifted to more time-limited forms of alimony, which are calculated based on the length of the marriage.
Types of Alimony Under the New Law
Alimony now falls into the following categories:
Bridge-the-Gap Alimony: This type is designed to assist with short-term needs during the transition from married life to single life. It’s capped at two years.
Rehabilitative Alimony: This allows one spouse to receive support while they pursue education or training to become self-sufficient. It’s capped at five years.
Durational Alimony: The duration is tied to the length of the marriage. This type is typically awarded in cases where permanent alimony would have been considered under the old rules, but the law now imposes strict caps.
Stricter Guidelines for Awards
Courts now follow stricter guidelines when awarding alimony, including:
The Standard of Living During the Marriage: Courts will look at how the couple lived during the marriage to determine the appropriate level of support.
Earning Capacity: The court will consider each spouse’s ability to earn a living, including their education, skills, and employment history.
Contributions to the Marriage: This includes financial contributions, as well as contributions as a homemaker or caregiver for children.
These guidelines aim to create a more structured and predictable approach to alimony.
Modifying or Terminating Alimony
Another major change is how alimony can be modified or terminated. The new law makes it easier for payors to reduce or eliminate alimony if they retire or if the recipient enters into a supportive relationship. Retirement, in particular, is a key factor, as the law recognizes the reduced earning capacity of retirees and allows for adjustments accordingly.
What Does This Mean for You?
If you’re currently paying or receiving alimony, these changes could significantly impact your situation. Whether you’re seeking to modify an existing order or navigate a new divorce, understanding Florida’s updated alimony laws is crucial.
Our firm is here to help guide you through these changes and ensure that your rights are protected. If you have any questions about how the new alimony laws affect your case, don’t hesitate to reach out to us for expert legal advice.
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