On June 30, 2023, Governor DeSantis signed a Legislative Bill that revised Florida’s alimony statute, Section 61.08, Florida Statutes. This new law applies to all initial petitions for the dissolution of marriage or support unconnected with the dissolution of marriage pending or filed after July 1, 2023.

The alimony changes include the following:

1. The new law eliminates permanent alimony as a potential form of alimony.

2. The new law clarifies that the burden of proving the need for alimony and the other parties’ ability to pay is placed on the party seeking alimony.

3. The new law permits the court to award a combination of the remaining forms of alimony, including lump sum payments, to provide more significant economic assistance and allow the obligee to achieve self-support.

4. The new law states that the court must make written findings of fact regarding the basis for awarding a form or combination of forms of alimony, including the type and duration of alimony.

5. The new law expands the standard of living factor to include the anticipated needs and necessities of life for each party after the entry of the final judgment of dissolution of marriage.

6. The new law redefines the three types of marriages, with short-term marriages now having a duration of less than 10 years, moderate-term marriages having a duration between 10 and 20 years, and long-term marriages having a duration of 20 years or longer.

7. The new law establishes time frames for the length of any durational alimony, such that the length of durational alimony may not exceed 50% of the actual duration of a short-term marriage, 60% of the actual duration of a moderate-term marriage, and 75% of the actual duration of a long-term marriage. These durations may be extended with exceptional circumstances by proving with clear and convincing evidence that the requested extended duration is necessary after considering the factors set forth in section 61.08(3), together with some additional factors added by the new law.

8. The new law establishes a guideline for determining the amount of durational alimony by stating that 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.