Q&A of the Day – Florida’s New Alimony Law
Each day I feature a listener question sent by one of these methods.
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Today’s Entry: Does the new alimony law only apply to new cases or is it retroactive?
Bottom Line: As one of the final two bills signed into law by Governor DeSantis this year, the Dissolution of Marriage bill has immediately brought about the most significant changes in alimony payouts in Florida’s history. The headliner associated with the new law is that it ends lifetime alimony in Florida, and it does, though the reforms go far further than just the potential duration of alimony payments. In answer to your question, yes, the new law only applies to new alimony cases – therefore no, it’s not retroactive, all previously decided alimony arrangements remain in effect, although there can be a potential caveat to that based on the new law. The language of the law states that it applies to all initial petitions for dissolution of marriage that are filed or are pending as of July 1st, 2023 – the day the law took effect. As for what changes with the new law...
In ending permanent alimony, the new law establishes four different types of alimony arrangements which will be used going forward. Those four are:
- Temporary: Short term stop gap as determined by judge
- Bridge-the-gap: Up to 2 years for a spouse to transition
- Rehabilitative: Up to 5 years to allow for a spouse to become self-sustaining
- Durational: up to 50% of a short-term marriage, 60% of a moderate-term marriage and up to 75% of a long-term marriage
In addition to a judge ruling on what type of alimony may be paid out, they’ll also make determinations as to if payments will be in the form of a lump sum or periodic. All told there are ten factors judges are to consider when making determinations about alimony – including the fidelity of a spouse. Those factors are:
- Fidelity of a spouse
- If there is an evidenced need for financial support by one spouse
- The duration of the marriage
- Age & wellbeing
- Income of both parties from all sources
- Earning capacity, education & employability
- Contribution of each party to the marriage
- Children/familial considerations (if any)
- Extenuating circumstances as determined by the judge
- Accrued retirement benefits/considerations
Most of those speak for themselves or are super specific to a couple’s situation but the one that comes with the biggest change is, as today’s question suggested, about duration. While lifetime alimony is no more in Florida, what the duration of the payouts may look like will be broken out into three categories:
- Short term: Under ten years
- Moderate term: 10-20 years
- Long term: Over 20 years
So, as it pertains to how long alimony payments could last, up to 4.5 years for a nine-year marriage, 9 years for a 15-year marriage and 15 years for a 20-year marriage. The other major change is in how alimony payments are to be calculated – I'll not get into those details for now. While there are many people who’re passionate on both sides of this issue, in a nutshell the reforms are aimed at reducing the ability for one spouse to provide the causation for the end of the marriage and to benefit financially from having done so at the literal expense of their ex.