Florida Ends “Permanent” Alimony: What the New Law Means for Divorce and Support
The South Florida Sun Sentinel reports that Florida’s new alimony law, effective July 1, 2023, has eliminated “permanent” alimony for marriages ending after that date. Instead of open-ended support, the law now caps how long a person can receive alimony based on the length of the marriage:
Short-term marriages (less than 10 years): alimony can last up to 50% of the length of the marriage.
“Moderate” term marriages (up to 20 years): alimony can last up to 60% of the length of the marriage.
Long-term marriages (over 20 years): alimony can last up to 75% of the length of the marriage.
The article highlights a 77-year-old woman who has received “permanent” alimony since a 2006 divorce and now fears losing her support under the new law. Divorce attorneys interviewed explain that the law does not apply retroactively, so existing permanent alimony awards like hers are not automatically taken away.
Existing payers and recipients can still seek a modification of alimony, but under the same standard that existed before: there must be a substantial, material, unanticipated, involuntary, and permanent change in circumstances. The new statute did not suddenly give ex-spouses new rights to undo prior alimony agreements.
Fort Lauderdale lawyer Lindsay Chase notes that the new law is built around the assumption that both parties are working. Under the old law, permanent alimony was often used to protect spouses—frequently older women—who had been homemakers in long-term marriages and faced serious financial hardship after divorce.
“You can identify the person who benefits the least from the new law,” she says in the article. “It’s the older woman, the homemaker. Those are the ones who are going to be most hurt.” The law does not change child support obligations.
Source: South Florida Sun Sentinel, “Permanent’ alimony no longer exists in Florida. Understanding the state’s new law on divorce payments,” July 26, 2023.
What This Means If You Pay or Receive Alimony in Florida
For people going through a new divorce in Florida, long-term, open-ended “permanent” alimony is no longer available. Courts will be working within these durational caps, looking closely at each spouse’s ability to work and support themselves. If you are negotiating a divorce now, it is critical to understand how the new percentages and time limits might affect your financial future.
If you already have an alimony order from before July 1, 2023, the new law does not automatically cancel or reduce your payments or your right to receive support. Any attempt to change an existing alimony award still has to go through the traditional modification process and meet the established legal standard.
Because the law now assumes greater earning capacity on both sides, older spouses, long-term homemakers, and those with health issues or limited job prospects may face more challenges securing sufficient support in new cases. At the same time, payors may have new arguments about duration and fairness that should be presented clearly and strategically.
If you are worried about how Florida’s new alimony law might affect your divorce, your post-judgment modification, or your long-term financial stability, speaking with an experienced Fort Lauderdale divorce and alimony attorney can help you understand your options and plan your next steps.
