After years of back-and-forth by Florida politicians about whether or not to eliminate permanent alimony, many people may not even realize that the governor and the legislature agreed on a solution last year to restructure the alimony system in our state.
The new law, which took effect last July 1, eliminates the permanent option for all new divorce decrees after that date. It also adds a new type. Let’s take a brief look at the changes.
A new type of alimony
Along with rehabilitative and bridge-the-gap alimony, which are still available options, Florida now has durational alimony. That’s available if a couple was married for a minimum of three years. The duration of the alimony is based in part on the length of the marriage. Further, there are maximum durations for how long alimony can be paid. All types of alimony typically end if and when the payee spouse remarries.
As with all types of alimony, other factors are considered, including the age, health and earning potential of both parties as well as the “reasonable need” of the recipient. Under the new law, the amount of durational alimony can’t be greater than “35 percent of the difference between the parties’ net incomes, whichever amount is less.”
Those who are already receiving permanent alimony based on agreements that predate the new law will continue to do so unless 1) they have a modifiable agreement and 2) the payor successfully makes a case to the court to change the agreement.
Whether divorce (and possibly alimony) are in your future this year or you have questions or concerns about the modification of your current support order, it’s best to be sure you have sound legal guidance to help protect your rights and your financial future.