By J. Christopher Lombardo, Florida Family Law Attorney
Florida is no longer one of a handful of states allowing Judges to grant permanent alimony in divorce proceedings. Prior to the change, former spouses could be awarded permanent alimony, which was ongoing financial support intended to continue indefinitely until certain circumstances changed. Though other forms of alimony will be available, there will no longer be an option of indefinite duration.
Types of Alimony in Florida
With the removal of permanent alimony, Florida residents now have four financial spousal support solutions: temporary, bridge-the-gap, rehabilitative, and durational alimony.
Temporary Alimony – is granted during the divorce proceedings and is intended to provide financial assistance to a spouse until the final divorce settlement is reached.
Bridge-the-Gap Alimony – is a short-term form of support and cannot exceed two years. It is designed to help a spouse transition from being married to being single and self-supporting.
Rehabilitative Alimony – provides financial support to a spouse while they undergo education, training, or other programs to gain the skills necessary to become self-supporting.
Durational Alimony – is awarded for a specific period of time that cannot typically exceed the length of the marriage.
Spousal support and alimony always have the potential to be a contentious part of divorce and family law. The new legislation, which became effective on July 1, 2023, impacts the initial alimony determination and extends to alimony modifications.
New Law Also Impacts Durational Alimony
In addition to ending permanent alimony as a spousal support option, the new legislation restricts the duration and amount of “durational” alimony.
Judges can now reduce or terminate payments based on certain factors, including the payer’s age, health, retirement plans, and the existence of a “supportive relationship.” The bill introduces a five-year limit on rehabilitative alimony and sets eligibility for payments between 3 to 20 years of marriage.
For those currently paying alimony, a process will be created to seek modifications to the agreement upon retirement.
Does Florida’s New Legislation Affect Existing Alimony Payments?
The new law is not retroactive for ex-spouses with non-modifiable alimony plans and will not change your current agreement. Alimony plans that could be modified before July 1, 2023, are subject to the new statutes.
Speak with an Alimony Lawyer
Eliminating permanent alimony is a significant revamp of Florida’s divorce laws and marks the culmination of more than a decade of efforts to reform Florida’s divorce process. If you have questions about how the new law impacts your alimony agreement, we encourage you to contact a Florida alimony lawyer. Arrange a consultation by calling Woodward, Pires & Lombardo, P.A. on 239-649-6555.
Woodward, Pires & Lombardo, P.A.
239-649-6555
Naples Office:
3200 Tamiami Trail N, Ste 200
Naples, FL 34103
239-649-6555
Marco Island Office:
606 Bald Eagle Dr, Ste 500
Marco Island, Fl 34145
239-394-5161