What Happened To Alimony?
What Happened To Alimony?
Alimony laws in Florida have evolved over the years. The most recent changes went into effect in July, 2023; and the biggest change was the elimination of permanent alimony. Ongoing periodic alimony is now called "durational" alimony, and certain rules and formulas apply with regard to an award of durational alimony.
First and foremost, there must be a financial need by one party, and the financial ability to pay by the other party. The court then looks to numerous other factors and considerations, such as the marital standard of living and the contributions each party made to the marriage, the age and health of the parties, the financial resources and income-earning capacities of the parties, and any other relevant and equitable consideration that may be unique to a particular family unit.
The term and the amount of durational alimony are also highly structured under the current law. To be eligible, the marriage must have been for at least 3 years. After that, the term of alimony could be as high as 75% of the length of the marriage (for long-term marriages of at least 20 years). The amount of durational alimony is capped at 35% of the difference between the parties' incomes.
There are also other types of alimony available under the law. For example, "bridge-the-gap" alimony, based on legitimate identifiable short-term needs, is available for the transition between married life and single life. "Rehabilitative" alimony, to re-establish skills or otherwise establish a capacity for self support, is available if there is a specific and defined plan.
Complicated, isn't it? These are very fact-intensive issues, and must be evaluated on a case-by-case basis. It is always a good idea to seek out the advice of an attorney who practices this area of law to learn what your rights are.
