Florida's alimony laws have undergone substantial revisions that will shape divorce outcomes across the state. For couples divorcing after July 1, 2023, the rules of the game have fundamentally changed. Bergermann Law Firm is here to help Cape Coral residents navigate and understand these impactful new laws.
What are the most significant alimony changes Florida residents face? And how might they alter your divorce settlement or financial future? We cover the key questions in plain terms below.
What types of alimony still exist?
The era of indefinite alimony in Florida is over. Permanent alimony no longer remains an option for couples divorcing. Now, the spotlight shifts to three remaining types: bridge-the-gap, rehabilitative, and durational alimony. The appropriateness of each will depend on case specifics.
How are alimony durations now calculated?
Alimony duration limits now directly hinge on the length of the marriage itself. Specifically, alimony cannot exceed:
- 50% of marriage length for short-term marriages (under 10 years)
- 60% of marriage length for moderate-term marriages (10-20 years)
- 75% of marriage length for long-term marriages (20+ years)
So in a 7-year marriage, alimony would be limited to 3.5 years maximum. In a 15-year marriage, 9 years. We will work with you to understand exactly what durations you can expect.
How are alimony amounts and payments determined now?
The new legislation also provides standards for calculating alimony amounts. Payments are now capped at the lower of either:
- A) The receiving spouse’s reasonable need
- B) 35% of the difference between spouses’ net monthly incomes
Additionally, durational alimony cannot exceed 55% of the difference between spouses’ net monthly incomes. We can apply these rules and formulas to your unique situation to project potential payment amounts.
How will retirement impact my alimony obligations?
For the first time, Florida law now defines both a presumptive retirement age (65) and early retirement age (62). Reaching these milestones provides paying spouses an avenue to pursue alimony modification or termination.
The law also outlines criteria to determine whether retirement is “reasonable” and was made in good faith. Our lawyers can help you build an alimony arrangement that appropriately accounts for retirement plans.
When can supportive relationships change alimony rulings?
If an alimony recipient spouse enters a supportive, marriage-like relationship, the paying spouse may now request alimony modification under clearer statutory guidelines. Factors considered include shared residence, financial support, and relationship length.
We can help gather documentation needed to demonstrate a supportive relationship and guide you through the legal process of petitioning for modification.
What are expanded grounds for alimony modification?
The updated laws enumerate expanded legal grounds to change existing alimony agreements. Possible justifications include involuntary loss of income, changes in physical/mental health, a child aging out of dependency, or one’s prior inability to anticipate a future supportive relationship.
The Bottom Line? Expert Guidance Is Key.
The sweeping changes to Florida’s alimony laws create new levels of complexity for divorcing spouses. By providing expert legal counsel tailored to your unique situation, Bergermann Law Firm can help you make the shrewdest choices to protect your financial future. If you face alimony decisions under Florida’s revised 2023 laws, we invite you to schedule a consultation. Call us today at (239) 334-0075.
