If you are entering a divorce in Naples after twenty years of marriage, the legal framework governing your post-divorce financial security has undergone a significant transformation. While the landmark reform arrived in 2023, many spouses are only now feeling its effects.
For decades, long-term marriages often resulted in permanent alimony. However, the current law has changed how Florida courts award spousal support. To help you understand these shifts, here are the key ways the law now affects your future.
The End of Permanent Alimony
Pursuant to the 2023 updates to Florida Statute 61.08, courts no longer award permanent alimony. In the past, this support continued until a party died or the receiver remarried. Today, the law focuses on “durational alimony” for long-term marriages.
Before a judge grants durational support, they must find that other alimony types are not enough. For instance, the court first looks at bridge-the-gap or rehabilitative alimony. Therefore, even in long marriages, support will eventually end. Consequently, the law now caps the amount at the receiver’s need or 35% of the difference in monthly incomes.
Marriage Tiers and Time Limits
Florida law now uses clear definitions for how long a marriage lasted. These tiers create specific limits on how long a spouse receives support. Because of these rules, the time depends on the length of the marriage:
- Short-term marriages: Less than 10 years. Support lasts up to 50% of the marriage length.
- Moderate-term marriages: Between 10 and 20 years. Support lasts up to 60% of the marriage length.
- Long-term marriages: 20 years or longer. Support lasts up to 75% of the marriage length.
For a 20-year marriage, alimony cannot exceed 15 years. Similarly, the limit for a 30-year marriage is 22.5 years. These percentages provide more certainty during family law talks.
The Right to File Upon Retirement
The 2023 reform added new protections regarding retirement. Specifically, the law grants a payor the right to ask the court to change or end alimony at a “normal retirement age.” The court defines this as the age for full Social Security benefits or the usual age for that job.
While reaching this age does not end payments automatically, it allows the payor to file a request. Therefore, the payor must show the court that their retirement is fair and about to happen.
Protecting Your Future With Legal Help
These reforms shift the court’s focus toward helping spouses become independent. Because these rules are technical, a legal professional can help you calculate the correct amounts. A lawyer can also ensure your Marital Settlement Agreement follows the current law.