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Durational Alimony Formula Under New Florida Alimony Law in Orlando, Florida Area

A new Florida Alimony Law, Senate Bill 1416 went into effect July 1, 2023. The new law abolished permanent alimony. The new law created a formula for Durational Alimony. However, the Court must still determine that there is a need for the requesting spouse and the ability to pay from the other spouse who would be the payor spouse. Further, the Court analyzes the factors under Florida Statute 61.08(3)(a) through (j). 

For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 10 years, a moderate-term marriage is a marriage having a duration between 10 and 20 years, and a long term marriage is a marriage having a duration of 20 years or longer. The length of the marriage is the period of the time from the date of the marriage until the date of filing of an action for dissolution of marriage. 

Durational Alimony may be awarded to provide a party with economic assistance for a set period of time. An award of Durational Alimony terminates upon the death of either party or upon the remarriage of the obligee. The amount of award of durational alimony may be modified or terminated based upon a substantial change in circumstances in accordance with Florida Statute 61.14. 

Durational alimony may not be awarded following a marriage lasting less than 3 years. The length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage except as set forth in this subsection. 

An award of Durational Alimony may not exceed 50 percent of the length of a short term marriage, 60 percent of the length of a moderate-term marriage, or 75 percent 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 the application of the factors in subsection (3), and upon factors in (8)(b)1-4. 

The amount of durational alimony is the amount determined to be the obligee’s reasonable need, or an 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. 

The award of alimony may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances. 

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.