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Permanent Alimony Eliminated in Florida


Whether you are litigating or resolving your family matter amicably through mediation, you should be aware of some of the new changes in the law in the State of Florida. On June 30, 2023, Governor Ron DeSantis approved Senate Bill 1416 which eliminated the option to award permanent (lifetime) alimony, leaving bridge-the-gap, rehabilitative, and durational forms of alimony. Although the new law still does not have a monetary calculation formula as in child support cases, it sets parameters in length and amounts to be awarded. For example, an award of durational alimony may not exceed 50 percent of the length of a short-term marriage, 60 percent of the length of a moderate-term marriage, or 75 percent of the length of a long-term marriage. Under exceptional circumstances, the court may extend the term of durational alimony by a showing of clear and convincing evidence that it is necessary after application of the factors in subsection (3) and upon consideration of all additional factors enumerated in Fla. Stat. § 61.08. There are pros and cons argued by both proponents and opponents of this new law. Changes to the laws governing alimony awards apply to any final judgment entered on or after July 1, 2023. Only time will tell the impact of the amendments made to alimony Fla. Stat. § 61.08.


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