Florida Alimony Reform: The End of Permanent Alimony in Florida

Last year, a bill was introduced to make sweeping changes to Florida’s alimony laws. The proposed new law would have done away with permanent alimony, and substituted it with “long term alimony”. The original form of the proposed law changed the definition of long term marriage to 20 years, as opposed to the current definition, which is 17 years. The original form of the bill provided that an award of long term alimony could not exceed 60% of the length of the marriage.  In other words, if the marriage lasted 20 years, the long term alimony could last no longer than 12, unless there were special circumstances. This bill did not become law.  A subsequent bill was introduced which was far less restrictive, but did provide that retirement was a change in circumstances which could justify modifying or terminating alimony.  This, too, did not become law.

      But the calls for reform continue, from groups who view the current alimony laws as unfair. The Florida Second Wives Club and the Florida Alimony Reform Movement, which are working hard to get their message across. According to the group’s website, Florida Representative Rich Workman and Florida Senator Kelli Stargel are sponsoring bills in the House and Senate, respectively. Senator Stargel’s bill is aimed at the concerns of the Second Wives Club- to prevent an alimony recipient from, in their words, “going after” the income of the new spouse. In less emotional language, this means that, if a alimony paying former spouse remarries, and the new spouse contributes to household expenses, a Judge can take into consideration the reduced expenses of the paying spouse when deciding whether alimony should be modified.

      It is difficult to predict whether 2013 will bring any attempts to change Florida’s alimony laws. But this is definitely an issue worth watching. Floridafamily law attorneys should be aware of these potential changes so they can help guide their divorce clients through the process.