Going through a divorce can be an extremely difficult and emotional time. One of the many important decisions you’ll have to make is whether you or your spouse will pay or receive alimony.
This spousal support is intended to help the lower-earning spouse maintain their previous standard of living after the marriage ends.
However, major changes to Florida’s alimony laws going into effect on July 1, 2023, dramatically impact alimony for divorces filed on or after this date.
What is Alimony?
First, let’s review the basics. Alimony, also known as spousal support, is money paid by one spouse to help financially provide for the other after separation or divorce. The purpose is to allow the receiving spouse to maintain the lifestyle they had during the marriage.
There are a few different types of alimony in Florida:
- Bridge-the-gap alimony – Short-term support during the transition
- Rehabilitative alimony – Temporary support to become self-sufficient, now limited to 5 years
- Durational alimony – Support for a set period of time
- Permanent alimony – Ongoing support with no end date, now eliminated
Under the old Florida law, permanent alimony was commonly awarded in long-term marriages. However, the new law makes major changes to the types and duration of alimony available.
Key Changes in Florida’s New Alimony Law
Some of the most significant changes in the new alimony law include:
- The option to award permanent (lifetime) alimony is eliminated
- Rehabilitative alimony is now limited to 5 years
- Durational alimony is limited based on the length of the marriage
- The calculation formulas changed for amount and duration
- Retirement age lowered from 65 to 62 for paying spouses
These impact how alimony is determined and place limits on the duration of support. The goal was to provide consistency and predictability for divorcing spouses. However, every divorce situation is unique.
How Alimony is Calculated Under the New Law
The new law provides specific formulas that courts must follow to calculate alimony amount and duration. Factors considered include:
- Length of the marriage
- Income difference between spouses
- Age and health of each spouse
- Other assets or debts
While the formulas provide guidance, an experienced alimony lawyer can help apply them correctly in your unique situation. They can run estimates and help you understand potential outcomes.
Tips for Alimony Seekers Under the New Law
If you will be seeking alimony in your Florida divorce, here are some important tips:
- Consult with a skilled divorce lawyer from the start. Navigating the new rules is complex.
- Thoroughly understand how the new law will affect alimony in your situation. Don’t rely on old assumptions.
- Provide documentation of your financial need and inability to self-support fully.
- Be prepared to argue for a rehabilitation plan if seeking temporary alimony.
- Consider settlement options like a lump sum payment instead of monthly payments.
Your divorce lawyer will take the time to explain the alimony options available to you.
The Future of Alimony in Florida
Like any major reform, the long-term impacts of Florida’s new alimony law remain to be seen. There is already vigorous debate between supporters of alimony reform and those who want to revisit the new law.
We expect there will be future proposed changes and amendments as real-world implications become clear.
No matter what the future brings, you can count on the Florida family law team at Vasquez de Lara Law Group to stay up-to-date on the laws in Florida. Their Miami alimony lawyers can provide you with guidance tailored to your situation as you navigate divorce.
If you have questions about alimony or divorce in Florida, please visit https://www.familylawprotection.com/ today.
