One of the most common issues in Florida divorces is spousal support, also known as “alimony.” However, there has been a recent development. In June 2023, Governor Ron DeSantis signed a bill that eliminates the concept of permanent alimony.
Although it is generally assumed that alimony is an integral part of divorces in Florida, this new legislation changes the situation. This means that granting alimony, especially in a permanent form, will no longer be the norm.
What is Florida SB 1416?
Historically, Florida's legal framework has recognized the need for one spouse to pay support to the other in certain circumstances. When judges deliberate on alimony matters, they typically consider two main factors:
- A spouse's financial needs.
- The ability of the other spouse to provide financial support.
Once these criteria were established, a range of maintenance payments were often granted, from temporary maintenance payments intended to 'bridge the gap' during the transition period, to permanent maintenance payments which were to be paid on an ongoing basis.
However, with the passage of SB 1416, spouses will no longer be required to pay permanent support. There are also other conditions when it comes to maintenance payments:
- Adultery can serve as a consideration for the court in determining the amount of maintenance to be awarded.
- A spouse must provide sufficient evidence to support his or her right to alimony.
- Changes to a parenting plan or schedule are possible, even in situations where the circumstances were originally anticipated.
- If the person paying maintenance marries or lives with a romantic partner, the court may reduce or stop payments.
- If the person responsible for the maintenance payments retires, the court also has the power to reduce or stop the payments.
How will eliminating permanent alimony affect divorces in Florida?
Certainly, many Florida divorces will now feel the impact of eliminating permanent alimony. While it may not reduce the number of divorces, this new law will undoubtedly impact the decision-making process for both couples and judges considering alimony.
Therefore, it is important for those divorcing in Florida to understand how alimony is decided and then awarded by judges. Typically they look at things like:
- Lifestyle before and during marriage
- Duration of the marriage
- Age, health status and other personal characteristics of each spouse.
- Financial situation of each spouse, including income, assets, and debts.
- earning capacity of each spouse
- Contributions of both spouses to the marriage
Most courts also consider all other relevant factors when deciding on maintenance, such as the availability of other financial resources or significant debts. Florida courts consider these factors to decide alimony, but with the passage of the new law, the complexity of the issue has increased.
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