Florida’s new marriage laws went into effect in Florida on July 1, 2023, making significant changes that will affect divorcing couples. The CS/HB 1301 and CS/SB 1416 bills significantly change the law regarding the establishment and modification of alimony obligations and the time periods associated with the length of marriage. The new law applies to all pending cases and cases filed after July 1. It will apply to all timesharing discussions in paternity and divorce cases, as well as in modification cases.
Other important aspects in this bill include changes to the following:
Supportive relationship: Language applies to original award and modification. The Paying party must prove a supportive relationship existed within 365 days before filing petition for dissolution or modification. If proven to exist, burden shifts to recipient to prove by preponderance of the evidence why the court should deny request for establishment of alimony or reduce/terminate amount if modifying.
Retirement: Six months ahead of retirement, filings may be made for termination/reduction based on social security retirement age or age of retirement for profession. Burden is on the paying party to prove by preponderance of evidence that retirement reduces their ability to pay support. If proven, burden shifts to recipient to prove by preponderance of the evidence that support should not be terminated or reduced based upon the factors listed.
The Syprett Meshad Family Law attorneys are here to help. Please contact us at 941.365.7171 to learn more about our marital, family law, and divorce legal team by clicking any of the images below: