Will Florida’s New Alimony Law Apply Retroactively?

Last summer, Florida’s governor, Ron DeSantis enacted a series of family law reforms, one of which drastically changed how spousal support is awarded in the state. For instance, one of these changes resulted in the elimination of permanent alimony entirely, which has been on the books in Florida for decades. Others limited how long a person can receive durational alimony based on the duration of their marriage and changed the steps needed to modify or terminate an award based on a payor’s retirement. These changes left many already-divorced Floridians wondering whether the new alimony reform law would be applied retroactively to their already existing alimony awards. The short answer to this question is “no”, as the updated alimony laws will only apply to divorces that were considered pending on or after July 1st of 2023.

Florida’s Alimony Reform Law Isn’t Retroactive 

While some laws are allowed to go into effect retroactively, the new changes to Florida’s alimony law, including the elimination of permanent alimony as an option for divorcing spouses, doesn’t fall under this category. This means that the new changes won’t impact the cases of anyone who was already receiving (or paying) spousal support prior to last summer. Instead, the law will apply only to divorces filed by a certain date.

Alimony Reform Applies to Divorces Filed Last Summer 

Although not retroactive, Florida’s new alimony reform does affect any divorces that were filed on or after July 1st of last year. To clarify, this means that if someone filed a divorce petition on the first day of that month, it will be covered by the new alimony law, even though the divorce hasn’t been finalized. It’s important to understand this distinction because the reforms made critical changes to Florida’s alimony rules by:

• Ending permanent alimony as an option for divorcing spouses;
• Re-defining the categories for long-term, moderate-term, and short-term marriages; and
• Allowing judges to take a payor’s retirement into consideration when determining whether to modify or terminate an already existing alimony award.

Because these issues could have such a crucial impact on the outcome of divorce proceedings in general and alimony decisions specifically, divorcing couples should be clear on whether or not the new laws apply to their own cases.

Contact an Experienced Florida Alimony Lawyer for Help 

Dedicated Fort Lauderdale alimony attorney Sandra Bonfiglio, P.A. has been helping couples navigate the divorce process for more than 20 years. We are eager to put that experience to work in your own case, so if you have questions about the recent changes to Florida’s alimony laws and how they could affect your own divorce proceedings or if you have another divorce-related concern, please call our office and set up a meeting with our legal team today. You can reach us by calling 954-945-7591 or by completing one of our brief online contact forms. A member of our team is standing by and prepared to get started on your case right away.

Sources: 

flsenate.gov/Session/Bill/2023/1416/?Tab=BillHistory

jacksonville.com/story/news/politics/2023/07/03/permanent-alimony-new-florida-law-change/70378477007/