1. Permanent periodic alimony has been eliminated in Florida as of July 1st, 2023.
2. The courts now design a support allocation based on need and ability to pay for a set period of time, with a set end date for alimony.
3. The burden of proof for alimony has shifted to the party seeking alimony to prove their need and the other party’s ability to pay.
4. The court must consider a set of factors when considering a claim for alimony, including the existence of a supportive relationship or the reasonable retirement of the party paying alimony. 1. The new law in Florida redefined the duration of short-term, moderate-term, and long-term marriages as less than 10 years, 10-20 years, and 20 years or longer, respectively.
2. Types of alimony in Florida include bridge-the-gap alimony, rehabilitative alimony, and durational alimony.
3. Bridge-the-gap alimony provides support for up to 2 years and terminates upon the death of either party, remarriage of the recipient, or end of the alimony period, and cannot be modified.
4. Rehabilitative alimony may be awarded for up to 5 years and may be modified or terminated based on certain circumstances or upon completion of the rehabilitative plan.
5. Durational alimony provides economic assistance for a set period of time based on the length of the marriage and terminates upon the death of either party, recipient’s remarriage, or can be modified based on a substantial change of circumstances. 1. The new alimony law in Florida does not apply retroactively to previous court awards or settlement agreements.
2. Alimony awards that were modifiable before the new law remains modifiable, while non-modifiable awards remain non-modifiable.
3. The law allows for reduction or termination of alimony when the payor reaches normal retirement age.
4. The burden is on the payor to show that retirement reduces their ability to continue paying support.
5. The recipient must then show why the alimony should not be reduced or terminated.
6. Payors can petition the court to modify or terminate alimony 6 months prior to their expected retirement date.
7. Permanent alimony remains in place if awarded prior to July 1, 2023, but is eliminated for future awards.
8. New parameters are set for the type, amount, and duration of remaining forms of alimony, as well as how to modify or terminate alimony obligations.
https://bergersingerman.com/news-insights/is-there-spousal-support-alimony-in-florida
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