On June 30, 2023, Governor Ron DeSantis signed into law significant changes to Florida’s alimony law. The bill eliminates permanent alimony, and sets new standards for what is considered a long-term marriage. It also changes what courts call durational alimony. The alimony reform bill also makes it easier to change an existing parenting plan.
The Alimony Reform Bill took effect on July 1, 2023.
Permanent alimony is no longer a remedy. Instead, courts may award durational alimony. But the definite drive of the alimony reform is to promote spouses to become self supportive. In fashioning an alimony award, the new law directs judges to look at both the mental and physical condition of each party. Courts are to now assess the impact of a divorce on both parties, and the ability of the person seeking support to become self-supporting.
Long term marriages must now be more than 20 years; under the prior statute, the length of time was 17 years. Mid-term marriages are now between 10 and 20 years. Any marriage less than 10 years is a short term marriage. The new law sets limits on how long durational alimony can be awarded, based on the length of the marriage (short term, mid-term, etc.). Durational alimony is not available for marriages that are less than 3 years.
Adultery and its economic impact is also now relevant. Florida is a no-fault state, and thus this change is quite significant. In a prior article, I discussed how Florida is a no-fault state. I am not sure how the Courts will reconcile these two points, but for now affairs that impact a spouse’s economic situation can be considered.
The Legislature also made it easier to modify an existing parenting plan. Until now, courts could only change a parenting plan if the change was substantial and unanticipated. Now, a parent need only prove that the change is material and substantial. In addition, if a parent resides more than 50 miles from the other parent and moves within that 50-mile range, this also constitutes grounds to change a parenting plan.
The Alimony Reform bill has other changes, such as ending alimony when the payor retires.
To learn more, read Florida’s Alimony Law. And if you have a specific case, please call us.