Understanding Florida’s Spousal Support Reform (2023)
Spousal support (alimony) is payment(s) made by one spouse to the other during or after a divorce. State law governs spousal support cases. Earlier this year, Governor Ron DeSantis signed Senate Bill 1416 (SB 1416)—legislation that radically reforms spousal support laws in Florida. It is crucial that parties to a divorce understand the new law. In this blog post, our Lakeland family lawyer highlights the key things that you should understand about Florida’s spousal support reform.
The Big Change: Permanent Alimony is Over in Florida
SB 1416 has reformed Florida’s spousal support laws in a number of different ways. The most notable change is that permanent alimony has ended in Florida. Courts in our state can no longer award permanent spousal support (indefinite alimony) as part of a divorce. Instead, there are now four different types of spousal support in Florida:
- Temporary Alimony: Paid while a divorce is still pending on a temporary basis.
- Bridge-the-Gap Alimony: A short-term form of alimony, limited to just two years.
- Rehabilitative Alimony: A specific form of alimony designed to help the recipient become self-supportive and limited at five years.
- Durational Alimony: The only remaining longer term alimony in Florida, with predefined limits based on the length of the marriage.
Length of Marriage a Central Factor in Spousal Support Cases Under Florida Reform
Spousal support is not awarded in every divorce in Lakeland. Quite the contrary, spousal support is only granted in a minority of divorce cases in our state. Florida courts can consider many different factors in determining whether alimony is appropriate and, if so, how much should be awarded. A central factor is the length of the marriage. In Florida, there are three categories of marriages:
- A Short-Term Marriage: A marriage lasting for fewer than 10 years. Durational alimony is capped at 50 percent of the length of this type of marriage.
- A Moderate-Term Marriage: A marriage lasting for 10 to 20 years. Durational alimony is capped at 60 percent of the length of this type of marriage.
- A Long-Term Marriage: A marriage lasting in excess of 20 years. Durational alimony is capped at 75 percent of the length of this type of marriage.
The Law is Not Retroactive: But Existing Alimony Could Be Subject to Modification
Florida’s new alimony law took effect in July of 2023. However, it does not automatically apply retroactively. In other words, if you are paying or receiving permanent alimony from a pre-2023 divorce, the terms will not automatically change based on the new law. Still, pre-existing spousal support agreements/orders could be subject to a modification. If you have any questions about alimony medications, an experienced Lakeland family lawyer can help.
Call Our Lakeland, FL Spousal Support Attorney Today
At Darla K. Snead, P.L., our Lakeland family lawyer has extensive experience handling the full spectrum of spousal support issues. If you have any questions about our state’s new alimony reform, we can help. Contact our family law firm today for your completely confidential case review. From our Lakeland law office, we provide family and divorce services in Polk County and beyond.
Source:
flsenate.gov/Session/Bill/2023/1416/?Tab=BillHistory
