Florida

Florida Alimony (2023 Reform)

14 min read
Updated

Types of Alimony

Florida now recognizes these types of alimony: **Temporary alimony**: Support during the divorce process **Bridge-the-gap alimony**: Short-term support to help a spouse transition (up to 2 years, non-modifiable) **Rehabilitative alimony**: Support while a spouse gets education or training for employment (requires a specific plan) **Durational alimony**: Support for a set period based on marriage length (the primary form of post-divorce support) **Permanent alimony**: Eliminated for marriages under 20 years. For marriages of 20+ years, only available in 'exceptional circumstances.'

The New Durational Limits

The 2023 law sets strict limits on how long durational alimony can last: **Short-term marriage (under 7 years)**: - Maximum duration: 50% of the length of the marriage **Moderate-term marriage (7-20 years)**: - Maximum duration: 60% of the length of the marriage **Long-term marriage (20+ years)**: - Maximum duration: 75% of the length of the marriage - Permanent alimony possible only in 'exceptional circumstances' **Example**: A 10-year marriage (moderate-term) can result in alimony lasting no more than 6 years (60% of 10).

Amount Limits

The 2023 reform also caps the amount of durational alimony: **The 35% Rule**: Durational alimony cannot exceed 35% of the difference between the parties' net incomes. **Example calculation**: - Spouse A earns $150,000 net - Spouse B earns $50,000 net - Difference: $100,000 - Maximum alimony: $35,000/year (35% of $100,000) This is a significant change from prior law, which gave courts more discretion. The cap applies to durational alimony, not bridge-the-gap or rehabilitative.

Retirement and Termination

A major change: **reaching normal retirement age is now a clear basis for terminating or reducing alimony.** - The paying spouse can petition to modify or terminate alimony based on reaching normal retirement age - 'Normal retirement age' is defined as the age for full Social Security benefits - Courts must consider the payor's ability to continue paying and the recipient's ability to support themselves **Cohabitation (supportive relationships)**: If the receiving spouse is in a 'supportive relationship' (living with a romantic partner), alimony can be reduced or terminated. This codifies prior case law. **Remarriage**: Alimony automatically terminates if the recipient remarries.

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