Alimony Law Reform – Permanent Alimony Eliminated

As of July 1, 2023, permanent alimony is no more in Florida after Governor Ron DeSantis signed SB1416 into law on June 30, 2023.

Changes to the law governing alimony awards will apply to any final judgment entered on or after July 1, 2023 include:

1. The elimination of permanent alimony, leaving only bridge-the-gap, rehabilitative, and durational forms of alimony.
2. Rehabilitative alimony is limited to 5 years.
3. Durational alimony may not be awarded for any marriages less than 3 years in length.
4. An award of durational alimony is limited based on the length of the marriage, and may not exceed the receiving spouses reasonable need, or 35% of the difference between the parties’ net incomes.
5. Courts must make specific written findings if a paying spouse is required to purchase life insurance to secure the receiving spouse’s award of alimony.
6. A court must reduce or terminate an award of alimony if it makes specific written findings that a supportive relationship exists.
   • A paying spouse must prove by a preponderance of the evidence that a supportive relationship exists.
   • Once proven, the burden shifts to the obligee to prove by a preponderance of the evidence that the alimony award should not be reduced or terminated.
7. The new bill codifies standards and procedures related to retirement. If the paying spouse seeks to retire, they may apply for modification of the alimony award no sooner than 6 months prior to the planned retirement.