If you have a pending divorce in Florida or are considering seeking one in the future, it is important to be aware of these new amendments to Florida law and understand how they might affect you. Keep reading to learn more about Florida’s alimony and time-sharing law updates and see how the family law attorneys at Beller Law, PL, can help you protect your rights moving forward.
Overview of Florida Legal Changes to Laws Governing the Dissolution of Marriage
Senate Bill 1416 made significant updates to Florida laws governing the dissolution of marriage as outlined in Florida Statutes (Fla. Stat.) 61.08. Specifically, these updates impacted two primary topics: alimony (spousal support) and time-sharing schedules.
Alimony Updates
The most significant updates were made to the sections of the law governing alimony, commonly referred to as spousal maintenance or support. Below is an overview of these changes.
Types of Alimony
Before the recent updates, there were four types of alimony permitted in Florida:
- Permanent alimony,
- Durational alimony,
- Rehabilitative alimony, and
- Bridge-the-gap alimony.
Now, however, permanent alimony has been eliminated as a permissible form of alimony. Prior to this change in the law, spouses in a long-term marriage could request lifetime alimony, however because of the change in the law, Florida judges can no longer award this.
Duration and Limitations of Alimony
The permissible duration of alimony was also amended for certain types of alimony under the updated law.
The court may award durational alimony to provide a party with economic assistance for a set period of time. However, under the updates, the court may not award durational alimony if the marriage lasted less than three years. Additionally, even if the court does award durational alimony, the amount typically cannot exceed the obligee’s reasonable need or a maximum of 35% of the difference between the parties’ net incomes, depending on the length of the marriage.
The court can still award rehabilitative alimony to help a party develop skills or acquire education or training that helps them support themselves in the future. However, now, the court may not grant this type of award for more than five years.
The permissible duration of bridge-the-gap alimony—which is designed to help a party meet certain identifiable short-term needs—remains unchanged and may not exceed two years.
Other Alimony Updates
In determining whether and in what amount to award alimony, courts may now consider the adultery of either spouse and any resultant economic impact.
The legislature also made updates regarding the modification or termination of alimony due to a obligor’s (the person paying alimony) voluntary retirement. The new law set forth specific factors that courts must consider, such as the following:
- The age and health of the obligor,
- The nature and type of work performed by the obligor,
- The customary age or retirement in the obligor’s profession,
- The obligor’s motivations for retirement, and
- The economic impact that a termination or reduction of alimony would have on the obligee.
Be sure to review the updates to the law or speak with a qualified family law attorney in Florida for a full list of these factors.
Custodial Arrangements and Time-Sharing Updates
The updates to the laws regarding custodial arrangements and time-sharing schedules were less expansive than those related to alimony. Nevertheless, there are a few notable changes to be aware of.
Easier Modifications: The Change Does Not Need to Be Unanticipated
The new updates make it slightly easier for a parent to seek the modification of a previously issued time-sharing order. The previous terms of the law specified that a time-sharing schedule could not be modified unless there was a showing of a substantial, material, and unanticipated change in circumstances. Now, however, there is no requirement that the change in circumstances be unanticipated.
Moving Closer to a Co-Parent
Additionally, the new updates reference a scenario that may now constitute a substantial and material change in circumstances for the purpose of modifying an existing time-sharing schedule. The new law states that if the parents were residing more than 50 miles from each other at the time the court entered an initial time-sharing order and one parent later moves within 50 miles of the other, this move may be considered a substantial and material change in circumstances for modification purposes. This may make it easier for such parents to prove to the court that a modification of the existing time-sharing arrangement is warranted.
Modification Still Balances on the Best Interest of the Child
Be aware, however, that as with all matters relating to children in the course of divorce and post-divorce proceedings, the courts will take a child-focused approach in making decisions. Thus, even if a court determines that there has been a substantial and material change in circumstances, it will only modify an existing order if it determines that doing so will be in the best interests of the child.
Learn More About Florida’s Alimony and Time-Sharing Law Updates Today
These updates may significantly impact your rights and legal strategies moving forward. To learn more about these and other updates to Florida divorce, alimony, and time-sharing laws, speak with an experienced family law attorney today.
Beller Law, PL has been advising family law clients the past 20 years. Contact our team to speak with one of our knowledgeable attorneys and see how we can help you navigate your legal matter today.
FAQs
When Did Florida’s Alimony and Time-Sharing Law Updates Go Into Effect?
SB 1416 was approved by Governor Ron DeSantis on June 30, 2023. The updates to the law, codified in Fla. Stat. 61.08, formally went into effect on July 1, 2023.
Does the New Law Apply to Me If My Case Was Resolved Prior to July 1, 2023?
No, the updates imposed by the bill will not apply to you if your case was resolved prior to the update’s effective date of July 1, 2023. This is because the law specifies that changes to the state’s alimony rules will apply only to related actions that are pending or were filed on or after July 1, 2023. Thus, if, for example, you were awarded permanent alimony in a case that was finalized prior to July 1, 2023, these updates will not have any retroactive effect on your now-closed case. Accordingly, if the court granted you permanent alimony before then, you are entitled to permanent alimony moving forward.