Does Permanent Alimony Still Exist in Florida?

After several years of often emotional debate, Florida finally passed a law eliminating permanent alimony in 2023. Though this does not automatically change existing spousal support arrangements, it is a big change for divorces going forward and might trigger modifications if permitted under an existing divorce order. 

Traditionally, permanent alimony in Florida provided ongoing financial support to a spouse following divorce if they lacked the financial means to support themselves independently. However, the new law has eliminated permanent alimony and introduced new rules regarding other types of spousal support in an effort to bringing more clarity and fairness to the alimony system. Now, durational alimony is limited to a certain timeframe based on the length of the marriage and rehabilitative alimony cannot last more than five years.

In response to paying ex-spouses who complained they had to work several extra years to comply with the long-term alimony obligations, the legislation signed by Governor DeSantis gives judges more leeway to reduce or eliminate payment terms based on several factors, such as the following:

• Age and health of the party paying alimony
• Customary retirement age of people in the same line of work as the paying party
• Motivation for retirement and likelihood of going back to work if a paying party is relieved of their alimony obligation
• Effect of the proposed alimony adjustment on the recipient party

Furthermore, the reforms introduce provisions for the modification or termination of permanent alimony under certain circumstances. For example, if the recipient spouse enters into a supportive relationship. This provision is aimed at correcting imbalances that occur when someone receiving spousal support is receiving some financial assistance that does not show up in their income. However, there is a worry that the new rule might punish individuals briefly receiving monetary help from a friend or family member. 

Overall, supporters of the change believe it reflects a more modern understanding of marriage dynamics and seeks to prevent situations where one spouse is unfairly burdened with financial responsibilities post-divorce. However, it’s essential to recognize that each divorce case is unique, and the application of alimony laws can vary depending on the specific circumstances involved. That’s where experienced legal guidance becomes critical.

At Timothy W. Terry, Attorney at Law in Orlando, I provide strong advice and advocacy to Florida clients on spousal support issues and other aspects of the divorce process. Please call 407-567-0406 or contact me online for a free consultation.