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Some of the Major Differences Between Florida Statute 61.08 and the New Alimony Law

First and foremost, permanent alimony was abolished. There is no longer Permanent Alimony in Florida effective July 1, 2023. 

Under Florida Statute 61.08 a short term marriage was less than seven years; a moderate term marriage was seven to seventeen years; and a long term marriage was seventeen years or longer. 

However, under the new alimony law, SB 1416, there is a rebuttable presumption that a short term marriage is a marriage having a duration of less than ten years; a moderate term marriage is a marriage having a duration between ten and twenty years, and a long term marriage is a marriage having a duration of twenty years or longer. The length of a marriage is the period of time from the date of the marriage until the date of the filing of an action for dissolution of marriage. 

Durational alimony may not be awarded following a marriage lasting less than three years. 

Except as set forth in (8)(b), An award of durational alimony may not exceed fifty (50) percent of the length of a short-term marriage, sixty (60) percent of the length of a moderate-term marriage, or seventy five (75) percent of the length of a long-term marriage. Under exceptional circumstances, the court may extend the term of durational alimony by showing clear and convincing evidence that it is necessary after application of factors in subsection (3) and upon consideration of all of the following additional factors in 1,2,3,and 4.

The amount of durational alimony is the amount determined to be the obligee’s reasonable need, or the amount not to exceed 35 percent of the difference between the parties’ net incomes, whichever amount is less. Net income shall be calculated in conformity with s.61.30 (2) and (3),excluding spousal support paid pursuant to a court order in the action between the parties. 

You can read all the differences between Florida Statute 61.08 and the new alimony law SB1416 online. If you have further questions on this 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.