Florida recently made significant changes to its alimony laws, impacting how spousal support is awarded in divorce cases. These changes bring Florida in line with other states that have moved away from permanent alimony awards. Let’s break down the key updates:
Farewell, Permanent Alimony:
Gone are the days of indefinite alimony payments in Florida. Previously, some spouses received financial support for life, ending only upon death or remarriage. The new law eliminates permanent alimony as an option.
Caps on Alimony Duration:
The new system introduces limitations on the duration of alimony payments. Two main types of alimony are now available:
-
Rehabilitative alimony:
This aims to help the receiving spouse gain skills or education to become financially independent. The new law caps rehabilitative alimony at 5 years.
-
Durational alimony:
This provides financial support for a set period. The duration depends on the length of the marriage:
- Marriages lasting 3 to 10 years: Durational alimony capped at 50% of the marriage’s length.
- Marriages lasting 10 to 20 years: Alimony capped at 60% of the marriage’s length.
- Marriages over 20 years: Alimony limited to 75% of the marriage’s length.
- Marriages under 3 years are ineligible for durational alimony.
However, there are exceptions. Courts can exceed these caps in specific situations, such as if the receiving spouse has a disability or is caring for a disabled child.
Limits on Payment Amounts:
The new law also introduces a cap on the amount of alimony payments. The recipient’s financial need or a maximum of between the incomes of the paying and receiving spouses will determine the final amount. Whichever value is lower will be applied.
Additional Changes:
The reform goes beyond duration and amount. Here are some other noteworthy updates:
Life Insurance for Alimony:
If the court mandates the paying spouse to purchase life insurance to secure the alimony award, they must provide written justification for this decision.
- Changes in the Recipient’s Life: If the alimony recipient is found to be financially supporting someone unrelated to them in a “supportive relationship,” the court can reduce or terminate alimony payments.
- Retirement and Alimony: The paying spouse can now petition to modify or terminate alimony payments six months before their planned retirement.
Impact and Considerations:
These changes represent a significant shift for Florida’s alimony landscape. It’s crucial to consult with an attorney specializing in family law to understand how the new legislation might affect your specific situation, whether you are seeking or receiving alimony.
If you’re facing the complexities of spousal support and want to ensure your financial stability is protected, The Ticktin Law Group is here to help. Our seasoned attorneys are dedicated to providing creative solutions and legal representation tailored to your unique situation. We understand the importance of attentive service and are ready to respond to your concerns. Contact us today to discuss your alimony questions and let us guide you through every step of the process.