Florida’s Senate Bill 1416 was signed by Governor DeSantis on June 30, 2023. It applies to all initial petitions for dissolution of marriage that are filed or pending on July 1, 2023. This new law brings about some of the most significant changes to alimony the State of Florida has ever seen.
While this is brand new law, here are some important changes you need to know:
- There are now four different types of alimony:
- Temporary: Short term stop gap as determined by a Judge
- Bridge-the-gap: Up to 2 years for a spouse to transition from married life to single life.
- Rehabilitative: Up to 5 years to allow for a spouse to become self-sustaining.
- Durational: up to 50% of a short-term marriage, 60% of a moderate-term marriage and up to 75% of a long-term marriage.
*These forms of support can be ordered as lump-sum payments or as periodic installments, depending on the facts of the case.
- The length of durational alimony is now prescribed: not to exceed 50% of a short-term marriage (which would be less than 10 years – a change from the current 7 years), 60% of a moderate-term marriage (which would be 10-20 years – a change from the current 7-17 years), and 75% of a long-term marriage (which would be 20 years or more – a change from the current 17+ years).
- There is also now a formula for determining durational alimony. The amount of durational alimony will be the amount that is required to meet the payee’s reasonable needs, or an amount that does not exceed 35% of the difference between the husband and wife’s net incomes, whichever amount is less.
- Courts will be permitted to consider the adultery of either spouse and its resulting economic impact in determining the amount of alimony to award.
The highlights above are not an exhaustive list of the changes. Navigating this new law and how it may affect your case may be complex. Please contact McNary Powers, PLLC so we can provide further information and an in-depth analysis of your divorce or family law case.