On June 30th, 2023, Governor DeSantis made headlines by signing SB 1416 into law. This law introduced significant changes to three critical Florida statutes:

1. Alimony statute, Section 61.08, FS
2. “Supportive relationship” statute, Section 61.14, FS
3. Child timesharing statute, Section 61.13, FS

In this blog post, we focus on the dramatic alterations to the alimony statute, Section 61.08.

The biggest takeaway from this bill is a paradigm shift away from permanent alimony. However, even with permanent alimony being eliminated, the law retains the following forms of alimony:

1. Temporary (or Pendente Lite): Awarded by the court to support one spouse financially during the divorce proceedings until a final settlement is reached.
2. Durational: Provides financial support to the recipient for a set amount of time, typically in marriages of moderate duration, and has historically been awarded when permanent alimony is not justified. This will become a more common occurrence now that permanent alimony is no longer an option in Florida.
3. Bridge-the-Gap: Awarded to help one spouse transition from being married to being single, providing financial support for a limited time, often used to cover immediate financial needs.
4. Rehabilitative: Awarded to support the recipient spouse while they work towards gaining the skills or education needed to become self-supporting, with the goal of reintegrating them into the workforce.

Each type can be awarded in periodic installments, lump sum payments, or a combination of both. However, to be awarded any amount of alimony, regardless of the type, the party seeking alimony must first prove a “need” for alimony. For the purposes of the below analysis, we will assume that some level of need exists.

A Closer Look at Durational Alimony

The new law focuses on durational alimony as permanent periodic alimony is no longer an option. Under the new law, the duration of an alimony award is a function of the length of the marriage, with specific percentages for short, moderate, and long-term marriages:

• Short-term marriage: Less than 10 years (maximum 50% of marriage duration for alimony)
• Moderate-term marriage: Between 10 and 20 years (maximum 60% of marriage duration for alimony)
• Long-term marriage: 20 years or more (maximum 75% of marriage duration for alimony)

Note that durational alimony is not applicable for marriages lasting less than three years. It’s also important to note that, under “exceptional circumstances” defined in the statute, the duration of alimony could extend beyond these percentages. Those circumstances include:

• The obligee’s age and employability limit the obligee’s ability for self-support
• The obligee’s financial resources limit the ability for self-support
• The obligee is mentally or physically disabled (or diagnosed as such) and will be incapable of self-support
• The obligee is a caregiver for a mentally and physically disabled child

Therefore, to some extent, “permanent” alimony is still a possibility. It is possible that the court could award ongoing durational alimony given an analysis of the above circumstances if they apply to your case.

Calculating Durational Alimony

The next step is determining the amount of durational alimony. This calculation is based on the net incomes of both parties and cannot exceed the demonstrated need of the claimant or 35% of the net income difference between the parties, whichever is lower.

Florida requires both parties to comply with financial disclosure, including the completion of a financial affidavit and the submission of tax returns, pay verification, bank statements, and other financial records. These documents will be even more important going forward as they can be used as the basis for determining the 35% difference between the parties’ net income amounts and the maximum amount of the durational alimony payments. For example, if the husband makes $5,000/month of net income, and the wife makes $3,500/month net income, the amount of the durational alimony payment would be $525/month (.35 X $1,500).

How To Prove a Claim to Durational Alimony

When presenting an alimony case, you should adhere to the following steps:

1. Establish the actual need for alimony.
2. Prove that the other party has the ability to pay alimony.
3. If the claimant fails to prove the need and ability to pay, the trial court does not have to make any further findings. The claim should be denied.
4. If the need and ability to pay are established, the court considers other factors listed in Section 61.08(3), Florida Statutes.
5. Any durational alimony awarded is limited by duration and capped at the lesser of the claimant’s actual need or 35% of the net income difference.

How to Defend Against Durational Alimony Claims

If your spouse is claiming alimony from you, you can defend yourself through various methods. In fact, the above steps to claim alimony reveal how a person can defend against an alimony claim:

• Prove there is no need for alimony.
• Prove that there is no ability to pay alimony.
• If the need and ability to pay are established, prove that the amount should be small due to a limited amount of need or a limited ability to pay.
• Prove that the duration should be less than the maximum duration allowed by law.

Again, the financial disclosure will drive the analysis. Also, trial judges have an enormous amount of discretion as they decide whether to award alimony. That being said, the best way to advocate for yourself and ensure that your rights are protected is by consulting with a knowledgeable divorce attorney in Florida, such as the ones at The Wheeler Firm, who can provide legal advice and representation.

 

Other Noteworthy Changes

1. Life Insurance: The new law requires “special circumstances” for the purchase of life insurance to protect an alimony award.
2. Bridge-the Gap-Alimony: It is still available but limited to two years.
3. Rehabilitative Alimony: It still exists for establishing self-support capability, but there must be a specific rehabilitative plan, and it may not extend past five years.

Stay tuned for future blog posts where we’ll delve into changes to the other Florida statutes impacted by SB 1416.

 

Schedule a Consultation

It’s crucial to consult an experienced Florida divorce attorney if you are faced with the prospect of a divorce and either intend to claim permanent alimony or need to defend against a claim for permanent alimony. With more than 20 years of experience resolving family law cases in Okaloosa and Walton County, FL, we’re here to help. Contact us at The Wheeler Firm today to schedule a consultation.