Florida family law changes took effect recently. Here you have the highlights of some significant changes to alimony and timesharing.
Please note that the online statutes, which you can find here from the Legislature have not been updated as of the date of this blog entry.
Alimony in Florida 2023
The most significant change in alimony law in Florida is the elimination of permanent alimony. You can still ask for bridge-the-gap alimony; or rehabilitative alimony, which is now capped at 5 years. The legislature added temporary alimony to the alimony statute.
The amendments made significant changes to durational alimony. The provisions now include a cap as to how long you can get it, depending on the length of the marriage. It also added a formula or guideline as to the amount that you can get, which is to be calculated using your net income and that of your spouse. Specifically, the cap is 35% of the difference in net income as calculate using the same formula as child support for calculation of net income.
Finally, which type of alimony you can claim will depend on how long you have been married. A short-term marriage is defined as anything less than 10 years; a moderate-term marriage is one that lasts between 10 – 20 years; and a long-term marriage is 20 years or more. Durational alimony cannot be granted in a marriage that has lasted 3 years or less.
There were no changes as to when you can ask for alimony, meaning that just being married, alone, is not the requirement that will get you alimony. If you are asking for alimony, you have to prove that you have a financial need for it. It is not just a question of checking boxes and asking for the particular alimony you think you qualify for. Additionally, you must also prove that your spouse has the financial ability to pay alimony.
Florida Family Law Changes to Timesharing
There is now a presumption of 50-50 timesharing when it comes to children in divorce or paternity. This presumption can be eliminated if you show the court that such a 50-50 timesharing would not be in the best interest of the children.
New Support Statute for Dependent Adult Child
The Legislature created a new provision for the support of dependent adult children, Section 61.1255.
Under this Statute, parents have a legal obligation to support an adult child who is dependent due to a physical or mental incapacity that began before the age of 18. This is really not a new obligation since this obligation was already recognized under Florida case law. This new statute provides a framework, or guidance, as to how to calculate the financial obligation.
In addition, the statute is designed to work in furthering the right of a dependent adult child to obtain and/or qualify for any available federal/state benefits programs. It explicitly provides that the child support guidelines used for establishing child support before the age of 18 do not apply.
You can file a suit under this statute at any time after the dependent adult child reaches the age of 17 years and 6 months, unless there is already an order of support in place. Any support ordered to be paid under this statute would be paid to the dependent adult child, or an agent of the child under a durable power of attorney, or a aren’t or other person for the benefit of the dependent adult child.
Conclusion
These Florida family law changes caused quite a bit of disagreement with some. By knowing about them, you can better prepare yourself. Those of us who practice family law have been busy with seminars to ensure that we are up to speed on what our clients may need. While I provide the above as a summary of the changes you should not rely on what I described above. You should consult a family law attorney in your area to provide you specific advice, tailored to your situation, if you have any questions about this changes and how they may impact you.
