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What Else Should You Know About the New Florida Alimony Law?  

There is a new alimony law in Florida that became effective July 1, 2023. The biggest change in the law is that Permanent Alimony was abolished. 

There are other things you should know about the alimony law. The new law also addresses changes to Florida Statute 61.14-Enforcement and modification of support, maintenance, or alimony agreements or orders. Some changes are as follows:

(b)1. The court must reduce or terminate an award of support, maintenance, or alimony upon specific written findings by the court that a supportive relationship has existed between the obligee and a person who is not related to the obligee by consanguinity or affinity. 

(c)1. The court may reduce or terminate an award of support, maintenance, or alimony upon specific, findings of fact that that the obligor has reached normal retirement age as defined by by the Social Security Administration or the customary retirement age for his or her profession and that the obligor has taken demonstrative and measurable efforts or actions to retire or has actually retired. The burden is on the obligor to prove, by a preponderance of the evidence, that his or her retirement reduces his or her ability to pay support, maintenance, or alimony. If the court determines that the obligor’s retirement has reduced or will reduce the obligor’s ability to pay, the burden shifts to the obligee to prove, by a preponderance of evidence, that the obligor’s support, maintenance, or alimony obligation should not be terminated or reduced. In determining whether an award of support, maintenance, or alimony should be reduced or terminated because of the obligor’s voluntary retirement, the court shall give considerations to, and make findings of facts regarding the factor listed in 2a through 2j. 

In reasonable anticipation of retirement, but not more than 6 months before retirement, the obligor may file a petition for modification of his or her support, maintenance, or alimony obligation, which shall be effective upon his or her reasonable and voluntary retirement as determined by the court pursuant to the factors in paragraph 2. 

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.