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Marital & Family law Section Chair : AndrewD . Reder , B . C . S . — SessumsBlack , P . A .
Permanentalimonyis abolishedinflorida .
Historic changes to Florida ’ s alimony and parenting laws went into effect on July 1 , 2023 . The sweeping changes are consequential and warrant deep thought and analysis . This article is merely intended to highlight a few major aspects of the landmark overhaul . 1
Alimony : SB 1416 The momentous changes to sections 61.08 and 61.14 , Fla . Stat ., include : abolishing permanent alimony ; creating a statutory formula for the maximum length and amount of durational alimony ; new guidelines to determine the “ length of marriage ”; revised alimony factors ; new considerations for supportive relationships ; codifying a payor ’ s right to seek modification of alimony at “ normal retirement age ”; and , if that wasn ’ t enough , creating a brand-new procedure for payors to petition for a modification or termination of alimony “ 6 months before retirement .”
To reiterate , permanent alimony is abolished in Florida . Forms of alimony still available include temporary ; bridge-the-gap ; rehabilitative ; durational ; and lump sum . Of these , durational alimony
underwent the biggest change with the creation of a statutory formula establishing the maximum length and maximum amount of durational alimony awards .
For short-term marriages ( now defined as a marriage of less than 10 years ), durational alimony can last no more than 50 % of the length of the marriage ; for a moderate-term marriage ( between 10-20 years ), no more than 60 % of the length of the marriage ; and for long-term marriages ( 20 years or more ), no more than 75 %.
Further , the new law caps the maximum amount of durational alimony at the lesser of the recipient ’ s “ reasonable need ,” or 35 % of the difference between the parties ’ net incomes . Thus , ( Payor ’ s net income — Recipient ’ s net income ) . 35 = the maximum amount of alimony . To clear away a common misconception , there is no addition in this formula !
Traditionally , the amorphous — and highly subjective — concepts of “ need ” and “ ability to pay ” ( along with broad statutory factors ) were the polestar for every alimony award . Now , rote application of a formula in the statute will guide practitioners and judges to more predictable outcomes in many alimony cases .
Timesharing : HB 1301 Florida ’ s timesharing statute , the freshly amended section 61.13 , Fla . Stat ., now creates a rebuttal presumption that “ equal ” timesharing is in the best interest of the child . This statutory mandate may be rebutted only if the parent opposing equal timesharing proves by a preponderance of the evidence that equal timesharing is not in the child ’ s best interests .
The level of difficulty in rebutting the equal ( 50 / 50 ) timesharing presumption remains to be seen . Indeed , how courts interpret and apply the new statutory mandate will determine whether this is a seismic change in the law or nothing more than a subtle shift .
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Additional changes include HB 775 ( modifying section 744.301 , Fla . Stat .), to provide that a father who has established paternity is a “ natural guardian ” of the child and is entitled to the “ rights and responsibilities ” of parents . SB 1416 also deletes the “ unanticipated ” change requirement in section 61.13 , Fla . Stat ., to modify a parenting plan .
Author : Andrew D . Reder , B . C . S . – Sessums Black , P . A .
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