Recent Statutory Changes in Family Law
By Gracie Samarkos
SEPTEMBER / OCTOBER 2023
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On July 1 , 2023 , proposed legislation by the Florida House of Representatives and Senate became effective law . As a result , many previous provisions of Sections 61.08 , 61.13 , 61.14 , Fla . Stat . ( 2023 ) have been modified in a way which can significantly change the course of pending and future family law cases . The following is a summary of a few of the notable changes .
Where “ permanent ” alimony was previously one of the forms of alimony courts could award in certain cases , the new change in the law eliminates permanent alimony entirely . Durational , temporary , rehabilitative , and bridgethe-gap alimony remain , yet provisions regarding those types of alimony have changed .
In Section 61.08 , Fla . Stat . ( 2023 ) changes were made to the rebuttable presumption of the durations of shortterm , moderate-term , and long-term marriages , which are classifications used in determining the duration of alimony awarded . Previously , classification for a short-term marriage was for a marriage lasting less than seven years leading up to the date of filing the petition for dissolution of marriage . This has now been modified to a marriage lasting less than 10 years . Classification of a moderate-term marriage was previously for marriages lasting between 7 and 17 years . It is now for marriages lasting between 10 and 20 years . Longterm marriages are re-classified from marriages lasting 17 years or greater , to marriages lasting 20 years or greater . Previously , there were no statutory guidelines regarding durational alimony correlating to the length of the marriage ( with the exception of the previous presumption for permanent alimony being awarded in long-term marriages ). The current statute implements set periods of time that limit awards of durational alimony . Durational alimony now may not be awarded in marriages lasting less than three years , and may not exceed 50 % of the length of a short-term marriage , 60 % of the length of a moderate-term marriage , and 75 % of the length of a long-term marriage . However , the new statute does allow for an award of durational alimony to be extended under “ exceptional circumstances ” based upon a showing of clear and convincing evidence that it is necessary after the application of the factors listed in subsections ( 3 ) and ( 8 ) of Section 61.08 , Fla . Stat . ( 2023 ).
Limitations on the amount of durational alimony that can be awarded have also been implemented . The amount of durational alimony that can be awarded will be the amount that is required to meet the recipient ’ s reasonable needs , or an amount that does not exceed 35 % of the difference between the parties ’ net incomes , whichever amount is less .
Changes were also made to the other forms of alimony that may be awarded . Bridge-the-gap alimony was previously modifiable in amount or duration . The new version of the statute makes an award of bridge-the-gap alimony nonmodifiable in amount or duration , however the previous restriction on the length of bridge-the-gap alimony remains the same , meaning that the award cannot exceed two years in duration . Rehabilitative alimony did not previously have a statutory restriction on duration , and language was added so that the length of an award of rehabilitative alimony may not exceed five years .
While the recipient ’ s need and the payor ’ s ability to pay are still required for the Court to determine when awarding alimony , language has been added to Section 61.08 , Fla . Stat . ( 2023 ), requiring the Court to make written findings of fact relative to the factors provided in subsection 3 of Section 61.08 , Fla . Stat . ( 2023 ), supporting an award or denial of alimony . While some of these factors were listed in the previous version of the statute , edits and additions have been made . An example includes factor ( g ), “ the responsibilities each party will have with regard to any minor children whom the parties have in common , with special consideration given to the need to care for a child with a mental or physical disability .” The latter part of factor ( g ), regarding giving special consideration to the need to care for a child with a disability when awarding alimony , was not previously listed in the statute .
Regarding modification of alimony for cases previously adjudicated , the changes to Florida Statutes Section 61.14 codifies existing case law , the Florida Supreme Court ’ s 1992 decision of Pimm v . Pimm , 601 So . 2d 534 ( Fla . 1992 ), regarding reduction in and termination of an award of alimony based on the retirement of a payor .
Timesharing
While there previously was no automatic presumption for or against any particular timesharing schedule , and courts only had to consider the best interests of the child when making timesharing determinations , the new changes