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.
Durational alimony may not be awarded in marriages less than 3 years in duration. Other alimony forms, such as “bridge the gap,” may still be awarded in short term marriages.
A short term marriage is now deemed to be a marriage up to ten years in duration, a middle duration marriage is one lasting between 10 and 20 years, and a long duration marriage is 20 years and over.
Durational alimony awarded cannot exceed 50% of the duration of the marriage in short term marriages, 60% of the duration of the marriage in middle duration marriages and 75% of the duration of the marriage in long duration marriages.
Exceptional circumstances may extend the term of duration by showing clear and convincing evidence it is necessary upon 61.08(3) factors and additional factors in new law.
The amount of durational alimony is actual need of the recipient or 35% of the difference of the net income of the parties, whichever is less.
To learn more, read our blog about how this new law deals with alimony.
The Syprett Meshad Family Law attorneys are here to help. Please contact us at 941.365.7171 or learn more about our marital, family law, and divorce legal team by clicking any of the images below:
