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Can You Receive Alimony After the New Alimony Law?

You can still receive alimony after the new alimony law, Senate Bill 1416, became law effective on July 1, 2023. However, you can no longer receive permanent alimony. Permanent alimony was abolished with the new law. 

If you are asking for alimony, you still must prove that you have an actual need for alimony and your spouse has the ability to pay alimony. The party seeking alimony has the burden of proving his or her need for alimony, and the other party’s ability to pay alimony. 

The court then analyzes the following factors:

1. The duration of the marriage. 
2. The standard of living established during the marriage and the anticipated needs and necessities of life for each party after the entry of the final judgment. 
3. The age, physical, mental, and emotional condition of each party, including whether either party is physically or mentally disabled and the resulting impact on either the obligee’s ability to provide his or her own needs or the obligor’s ability to pay alimony and whether such conditions are expected to be temporary or permanent. 
4. The resources and income of each party, including the income generated from both non marital and marital assets. 
5. The earning capacities, educational levels, vocational skills, and employability of parties, including the ability of either party to obtain the necessary skills or education to become self-supporting or to contribute to his or her self-support prior to the termination of the support, maintenance, or alimony award. 
6. The contribution of each party to the marriage, including but not limited to, services rendered in home making, child care, education, and career building of the other party. 
7. The responsibilities each party will have with regard to any minor children whom the parties have in common, with special considerations given to the need to care for a child with a mental or physical disability. 

Any other factor necessary for equity and justice between the parties, which shall be specifically identified in the written findings of fact. This may include a finding of a supportive relationship as provided for in s. 61.14(1)(b) or a reasonable retirement as provided for s. 61.14 (1) (c) 1. 

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. You may also visit my website at https://www.annmariegildenlaw.com

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