PROPOSED LEGISLATION WOULD TERMINATE PERMANENT ALIMONY
….. & RADICALLY CHANGE ALIMONY IN THE STATE OF FLORIDA
Florida law currently provides five types of alimony:
- TEMPORARY SUPPORT is available to sustain a spouse during an ongoing divorce proceeding.
- BRIDGE-THE-GAP-ALIMONY is intended to assist a spouse in meeting short-term needs while transitioning from married to single.
- REHABILITATIVE ALIMONY is ordered in cases where one spouse can become self-supporting but needs time and financial assistance. This aid will help the spouse redevelop previous skills, and acquire the education, training, or work experience necessary to enter today’s workforce.
- DURATIONAL SUPPORT is like rehabilitative support in that the court sets a time limit for the alimony.
- There is currently a presumption in favor of PERMANENT ALIMONY after a long-term marriage. A long-term marriage is generally considered to be a marriage that has lasted 17 years or more.
WHAT ARE THE CHANGES TO FLORIDA’S ALIMONY LAWS?
Lawmakers in Florida’s House of Representatives have approved a bill that will revamp the state’s alimony laws. This bill is now before Gov. Ron DeSantis for his signature. The proposed changes to alimony in this bill are retroactive and will affect existing and pending awards of alimony. This will impact countless marital settlement agreements and final judgments.
PERMANENT ALIMONY would end if this legislation is passed. Permanent alimony would be replaced by durational alimony payments, which will be determined by the length of the marriage.
Alimony may not exceed:
- 50% of the length of a marriage lasting between three and ten years
- 60% of the length of a marriage lasting between 10 and 20 years
- 75 % of the length of a marriage lasting 20 years or longer.
The bill also provides that if a payor reaches full Social Security retirement age while they are paying out durational alimony, the payor’s obligation to make alimony payments may end. The bill creates a “wind-down” period that would permit a retiring spouse, after providing a formal notice, to reduce alimony payments by 25% per year over four years. A wife could find her alimony cut off 4 years after her husband reaches retirement age, despite her age.
If approved by the Governor, the new law would go into effect on July 1, 2022. We will address the status of the proposed legislation in a future article.
If you need experienced Family Law legal representation, call our office for a FREE consultation at 305-653-5555 or chat with us at www.hlalaw.com. Hoffman, Larin & Agnetti P.A. has been helping thousands of South Florida families for over 35 years.
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