On July 1, 2023, a new statute took effect. The FL legislature made big changes connected to alimony, also known as maintenance payments. This revamp of alimony rules includes shifting modification guidelines and getting rid of permanent alimony. Instead of permanent payments, a formula is now used to establish the timeline for alimony payments, and there are maximum caps in place.
Whether you are receiving separation spousal support or will be moving toward a divorce in which you are anticipating alimony payments, it is essential you understand the current alimony laws in the state of Florida. Bring the details of your situation to the attention of a Tampa family lawyer.
Different Alimony Forms and Determining Amounts
Before the revamp of the alimony statute, there were four forms of alimony in the state of Florida. Essentially, you would receive durational, rehabilitative, permanent, or bridge alimony payments. Now, due to the change in the statute, permanent alimony no longer exists in the Sunshine State and only three forms of alimony will be reviewed for couples moving to dissolve a marriage.
Many factors are considered when determining which form of alimony could apply to your situation. For instance, both spouse’s incomes and future earning capabilities will be reviewed along with standard of living expectations. According to the new rules, you will need to be married for three years or more to be eligible for durational alimony and bridge payments are available for individuals married for a short period of time, and those payments can only be received for 24 months or less.
Durational payment caps are now connected to the marriage length. So, if you were married for under 10 years, the alimony payments will only extend for a maximum of half the marriage’s length. Marriages that lasted for 10-20 years could lead to alimony for a maximum of 60% of the union length, and marriages that were 20 years or more could result in alimony payments for no more than 75% of the marriage length.
Courts Can Determine Reasonable Need
Additionally, the new law connects the level of payment for durational alimony to be directly connected to the reasonable needs of a recipient. While the term reasonable need makes sense, it is also important to note that the statute does not outline how a court assesses what amount is reasonable and what level of payment is not reasonable.
A range of payments, including child support and alimony, could be in reach for you, but working with a Tampa family lawyer is a sure way to protect your rights and financial future.
