When Gov. DeSantis vetoed the latest attempt at alimony reform, he noted that retroactively adjusting existing alimony payments could amount to an unconstitutional denial of rights under some prenuptial agreements.
Over the past decade, the Florida legislature has made several attempts to revise the child support provisions granted under Florida Statute 61.08 since 2013. The fourth motion, SB 1416, passed the Senate on April 19, 2023. The bill officially went into effect July 1 after Gov. Ron DeSantis signed it into law on June 30. Desantis vetoed the most recent challenge, SB 1796, on June 24, 2022, as unconstitutional.
The long road to support reform has been arduous, as stakeholders such as the First Wives Advocacy Group argued that changes to the 2013 law could harm elderly beneficiaries. This year’s move received impetus from the Florida Bar Association’s Family Law Division, which had opposed previous changes to the law.
Alimony was originally introduced to support children and ex-spouses after a divorce. Under the previous law, Florida courts recognized these four types of child support payments:
- Bridge the Gap: These short-term payments, lasting no more than two years, helped an ex-spouse meet identifiable, legitimate short-term needs and transition into financial independence.
- Rehabilitation: These payments helped the ex-spouse gain or regain skills, qualifications, or work experience needed to enter the job market.
- Permanent: These payments were granted to the ex-spouse for a fixed period of time, which was a fraction of the total length of the marriage.
- Permanent: These payments should be paid to the ex-spouse from the time of divorce until they remarry, enter into a supportive relationship, or die.
As society progressed, the terms of alimony payments became more controversial as no-fault divorces became common. Supporters of the reform argued that the 2013 law placed an undue burden on dependents looking to retire, while critics claimed the changes could leave ex-spouses, particularly older women, facing a sudden and irreplaceable loss of income be.
The passage of SB 1416 abolished permanent alimony and established that alimony payments are temporary compensation. The new rules provide for lump sum payments, significantly change the terms of most forms of maintenance, and shift some responsibilities. The primary breadwinner is no longer obligated to maintain the ex-spouse’s former quality of life, and a dependent’s employability and age may affect the amount and size of their payments.
The new rules also resulted in changes to permanent and rehabilitation alimony:
- Ex-spouses who divorced before their third anniversary are no longer eligible for permanent maintenance.
- The minimum length of a short-term marriage has been changed from 7 to 10 years, and ex-spouses can receive alimony for up to 50% of the marriage’s duration.
- The length of a medium-term marriage has changed from 7-17 years to 10-20 years, and ex-spouses cannot receive alimony for more than 60% of the marriage’s duration.
- Long-term marriages were those who were at least 17 years old; Now they have to last at least 20 years. With few exceptions, ex-spouses can only receive maintenance for 75% of the marriage.
- Rehabilitation alimony is now a conditional payment granted for up to five years. It can be withdrawn if the ex-spouse deviates from the plan established by the court or concludes it prematurely.
In addition, courts can now alter, reduce, or end child support payments after considering the impact on the life of a recipient’s health, retirement age, financial situation, involvement in or victimization of adultery, remarriage, or supportive relationships would. Courts may also consider the payer’s retirement plans and exclude capital gains from consideration of the payer’s total income when determining the amount and amount of alimony. Payers can also apply to the court to change payments if circumstances change.
Couple signs divorce papers; Image by Karolina Grabowska, via Pexels.com.
Supporters of the bill say the changes will make Florida’s child support laws clearer. Payers who claimed they had been forced to work long past retirement age to meet their child support obligations fought bitterly to get the law passed. Conversely, many elderly housewives argued that the new law would jeopardize their financial situation and quality of life. Many alimony recipients found that as part of their divorce settlements, they had given up assets in exchange for permanent alimony payments that could now be jeopardized if the terms of their original settlements could be changed.
These concerns may be justified. In April, Republican senator and lawmaker Joe Gruters told a Senate committee that while the new laws would not apply retrospectively to non-amendable support plans, agreements that were amendable prior to the passage of the bill would now be subject to revision.
When Gov. DeSantis vetoed the latest attempt at alimony reform, he noted that retroactively adjusting existing alimony payments could amount to an unconstitutional denial of rights under some prenuptial agreements. The recent bill was drafted with these objections in mind. Once the bill is passed, its full impact remains to be seen, but its impact on the lifestyles of payers and recipients is likely to become apparent over time.
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