Alimony in Florida – Big Reform on the Way!

Alimony reform is back in Florida.  The Florida House passed a bill in January and the Senate version is coming up for a vote.  The proposals revise the factors used for awarding alimony in Florida.  Following are the highlights of the Senate version:
    • Alimony is taxable to the recipient and deductible by payor
    • Life insurance to protect the recipient of alimony only awarded in special situations
    • Bridge-the-gap and durational alimony to be terminated once the recipient is in a supportive relationship (now only the case in permanent alimony)
    • Eliminates permanent alimony in favor of “long term” alimony
    • Clarifies the existing law regarding reinstatement of alimony.  If the supportive relationship terminates, alimony cannot be reinstated.  The Court cannot reserve jurisdiction to reinstate it.
    • Sets out factors that the Court must consider when the payor spouse retires.
    • Makes this law applicable to certain existing alimony awards and provides time frames that are based on the length of the marriage.
    • Limits the Courts ability to award the divorce and then determine the issue of alimony at a later date.

The House Bill has differences.  The House Bill increases to 20 years what is considered a long term marriage up from the current 17 years.  The House version also presumes that alimony should be durational and not long term.

Stay tuned!  Your alimony award might be subject to modification under the new law.

Debra G. Simms

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