Florida’s New Permanent Alimony Law

This past summer, Governor DeSantis signed a new bill into law that overhauled Florida’s alimony laws and impacts every divorcing couple. Following are the highlights of SB 1416 (2003):

• The bill eliminates permanent alimony. Previously, Florida allowed spouses to receive permanent alimony, which is when one ex-spouse pays alimony to the other ex-spouse for the remainder of the payor’s life.

• Under the new law, rehabilitative alimony can last no longer than five years. Rehabilitative alimony is a temporary form of alimony in which the payor pays for the recipient to take classes or gain skills so they can become gainfully employed and self-sufficient.

• Under the old law, a short-term marriage was defined as lasting less than seven years, a moderate-term marriage lasted 7-17 years, and a long-term marriage lasted 17+ years. Under the new law, a short-term marriage is less than ten years, a moderate-term marriage is less than 20 years, and a long-term marriage is 20+ years. Anyone married less than three years is not eligible for durational alimony, which is alimony for a specific period of time after the marriage ends. Those married from 3-7 years are eligible for durational alimony for no more than 50% of the length of the marriage, those married for 10-20 years are eligible for alimony for 60% of the length of the marriage, and those married for 20+ years are eligible for alimony for 75% of the length of the marriage. The new law also removed the requirement that the alimony be sufficient to maintain the quality of life established during the marriage.

• The court can consider if either spouse committed adultery and the adultery’s economic impact on the other spouse when determining alimony.

• The new bill gives judges the authority to reduce or terminate alimony based on the payor’s planned retirement, age, and health. The court can also consider the economic impact an alimony modification would have on the recipient, and if the recipient has a supportive relationship with a third-party. As of the writing of this article, what constitutes a “supportive relationship” has not been clearly articulated.

The new law went into effect in on July 1, 2023. It does not retroactively impact couples whose divorces were final prior to this date. It does apply to couples who filed for divorce before this date but whose divorce had not been finalized by then.

A divorce is a complex legal proceeding that has long-term financial ramifications whether you are on the paying or receiving side of alimony. To secure the best possible outcome from your divorce, you need an experienced family law attorney, like Troy Legal, to fight for you. We are fierce negotiators, expert mediators, and cut-throat litigators who won’t rest until you receive a fair outcome for your divorce.

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce.  Troy Legal, P.A. is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.