Sweeping changes to alimony laws in the State of Florida

On June 3, 2010, Governor Crist signed into law House Bill 907, which makes major changes to Florida's alimony and child support law.

First, I want to explain how the Court is to consider alimony in light of the new law.  In order to determine whether an alimony award is appropriate, the Court must first make a finding that one party actually needs alimony and that the other party has ability to pay alimony, and determine the type and amount of alimony that is appropriate.

The new changes in the law lay out time frames that help make the determination at to what type of alimony is appropriate. 

There is a new rebuttable presumption for the lengths of marriage:

*  less than 7 years is a short term marriage
*  more than 7 but less than 17 is a moderate term marriage, and
*  more than 17 is a long term marriage.

The length of the marriage is generally going to be measured from the date of marriage to the filing of the dissolution petition.

The types of alimony now officially available are:

1. Bridge-the-gap alimony, which is an alimony award to help transition a person from married life to single life.  This form of alimony was generally available in most of Florida before, but is now in the statute.  It is limited to a maximum of  two years and is not modifiable.
2. Rehabilitative alimony is now listed in thge statute.  This type of alimony will require that a spouse file a specific plan that will help get them back on their feet (i.e. by going back to school, having some sepcific job training that will eventually increase income).  This type of alimony may be modified.
3. Durational alimony is now added to Florida law and can be awarded when permanent alimony is not appropriate. It may be modified but the length of the award award cannot exceed the length of the marriage.
4. Permanent alimony is now codified and is awarded based on the needs and necessities during the marriage.  It can awarded in a long term marriage or in a moderate term marriage if there are appropriate factors and even in a short term marriage if there are exceptional factors present.

The changes in the alimony law cannot serve as the basis to modify the type or length of alimony orders entered before July 1, 2010.  For more information contact me by e-mail or by visiting us at http://www.verolaw.net or http://www.verocriminallaw.com

The text of the new statute can be found here:  http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=493857.docx&DocumentType=Amendments&BillNumber=0907&Session=2010