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What is the Significance in the Orlando, Florida Area That Governor DeSantis Vetoed the Alimony Bill?

The fact that Governor DeSantis vetoed the Alimony Bill is significant in the Orlando, Florida area because the Court still applies the factors in Florida Statute 61.08 to determine Alimony. Further, there is still permanent Alimony. The Court still must analyze the factors of Florida Statute 61.08 (2)(a)-(j). The Court must still make factual findings as to why permanent Alimony is not appropriate in a marriage that is seven years or more. 

Permanent Alimony

The presumption regarding alimony remains the same, that permanent Alimony is awarded for a marriage of 17 years or more. There is still a presumption that a marriage of less than seven years is a short-term marriage. That means unless there are exceptional circumstances you will not receive permanent Alimony. 

The presumption still remains that a marriage greater than seven years, but less than 17 years is a moderate-term marriage. That means that you can ask for permanent Alimony, but there is no rebuttable presumption that it is presumed. The court must examine the factors in Florida Statute 61.08(2)(a)(j). 

What the Veto Means

That Governor DeSantis vetoed the Alimony bill means there is no formula to determine Alimony. That means you argue from the Alimony Statute 61.08 and the case law in the Fifth District Court of Appeals to get Alimony. 

That Governor DeSantis vetoed the Alimony bill is better for the spouse that is requesting and receiving alimony. It is not as good for the spouse that will have to pay or is paying Alimony. 

Further, it also means that there is not a legislative Statute saying that fifty/fifty custody is in the best interest of the child. It means that the Court evaluates Florida Statute  61.13, factors (a) through (t) to determine best interest of the child. That means you argue the factors in that statute and the case law regarding time sharing and parenting plan. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.