The end of permanent maintenance, understanding the nuances behind Senate Act 1416

Unlike other forms of alimony, perpetual alimony theoretically lasts indefinitely until the receiving spouse remarries, dies, or enters into a supportive relationship. Despite numerous attempts to change state laws, Florida has been a staunch supporter of permanent child support. It’s one of six states that allow permanent child support in a dissolution proceeding, but now, after nearly a decade of lobbying, Florida residents may finally say goodbye to permanent child support. Currently, Senate Bill 1416 is working through the Florida Legislature. With the expressed support of both Democrats and Republicans, the cooperation of the Family Law Division of the Florida Bar Association, and support from practitioners across the state, it appears that a new statutory system will go into effect on July 1, 2023 and has a significant impact on future monetary obligations between divorcing spouses.

The reform legislation makes significant changes to the concepts of “short-term,” “medium-term,” and “long-term” marriage, and to the types of maintenance that can be provided in each type. Legislation sets out factors that courts must take into account when awarding maintenance, such as: B. the anticipated needs and living conditions of each party after the final judgment was rendered, the physical and mental condition of the parties and their ability to use or acquire the necessary skills to support themselves, and any disabilities (short or long term) affecting a party or affecting children for whom a party will take care of. While perpetual alimony is eliminated, bridging, rehabilitation, and perpetual alimony payments remain in place and may or may not be granted for any type of marriage, depending on the circumstances. The reform law also provides for formulas that determine the maximum limits for the granting of subsidies.

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