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What Will Happen to Alimony If Senate Bill 250 Passes?

Currently in the legislature is Senate Bill 250.

Experts in the field anticipate some changes to permanent alimony. A change to permanent alimony was passed by the legislature 2 years ago but the Governor vetoed the bill; and there were no changes in the alimony law.

Last year the Senate passed a bill that would eliminate permanent alimony. The House agreed with that part of the bill, but wanted 50/50 custody that was not in the Senate Bill. The House left 4 days early before the sides could discuss the matter further. The Supreme Court would not take the case, as the Senate requested. Therefore, no law passed last year. Again, this year there is Senate Bill 250. Experts anticipate the passage of this bill regarding permanent alimony.

If this bill passes, the effect will be that there will no longer be permanent alimony. Why should anyone care? Right now, a party may request permanent alimony. Currently, Under F.S. 61.08, there is a presumptive of permanent alimony if a marriage is seventeen (17) years or longer in length. If Senate Bill 250 passes, permanent alimony will be eliminated.

Currently, in the 5th DCA in Florida, to determine permanent alimony, there must be a need by one party for alimony and the ability to pay alimony by the other party. The court currently analyzes whether permanent alimony is appropriate by reviewing the eight factors in FS 61.08. There is currently no alimony guidelines in Florida.

An attorney may tell their client that if it is a long term marriage of more than 17 years that that they can hope to obtain 20% to 40% of their spouse’s gross income in alimony. The longer you have been married, the better your argument is to obtain the higher end. An attorney may also calculate alimony under the AAML guidelines in order to give their client some idea of what they can anticipate in alimony. There is also a substantial amount of case law on alimony that your attorney may give you regarding alimony.

However, if this law passes, there will be alimony guidelines in Florida that are not as favorable as the AAML guidelines. If you are the one that has to pay alimony, you will like this new law. It you are the one to receive alimony, you will be unhappy with this new law.

This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create an attorney client relationship.