Florida's new alimony overhaul bill, SB 1416, kills permanent alimony. What the bill does

Four bills and a decade of emotional clashes later, Gov. Ron DeSantis signed a new Florida law that will overhaul the state’s alimony laws, including ending what is known as permanent alimony.

DeSantis signed the new measure, SB 1416, into law on Friday, a year after he vetoed a similar bill that would have also eliminated permanent alimony while also setting up a formula for alimony amounts based on the length of the marriage.

SB 1416 is the fourth bill of its kind that aimed to kill permanent alimony in the past decade. Along with the 2022 version DeSantis vetoed last year, former Gov. Rick Scott vetoed two other bills.

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Florida’s new alimony law went into effect Saturday and not only does away with permanent alimony, but it also sets a five-year limit on what is known as rehabilitative alimony, allows alimony payers to seek modifications under certain conditions and more. Here’s what you need to know.

Florida SB 1416 ends permanent alimony

The first section of SB 1416 introduces new language to Florida Statutes 61.08 that outlines alimony as “temporary” and striking references to its former permanent nature.

It will allow judges to reduce or terminate alimony, support or maintenance payments after considering several factors, such as “the age and health” of the person who makes payments; the customary retirement age of that person’s occupation; “the economic impact” a reduction in alimony would have on the recipient of the payments; and the “motivation for retirement and likelihood of returning to work” for the person making the payments.

The four types of alimony the state now recognizes are temporary, bridge-the-gap, rehabilitative (now capped at 5 years) and durational.

The party seeking alimony must provide burden of proof

The second section of SB 1416 states that parties seeking support, maintenance or alimony now has the burden of proving their need for support, and the other party’s ability to pay.

What is permanent alimony?

Permanent alimony is what its name suggests — a permanent form of alimony that is paid until the spouse receiving the benefit dies, remarries or enters a supportive relationship.

Before the new law went into effect on Saturday, Florida was one of only seven other states that allow permanent alimony. Other states that allow it include Connecticut, New Jersey, North Carolina, Oregon, Vermont and West Virginia.

SB 1416 adds new considerations for alimony awards

Florida’s SB 1416 adds several new considerations courts must now factor when determining whether or not to award alimony. Courts must lay out findings of fact for the type of alimony awarded and to serve as the basis for the length of time any reward is due.

It codifies many aspects of the law, including the burden of proof, but also the payor’s ability to pay and outlines special circumstances that must be met to secure alimony with life insurance.

The new bill also requires courts to anticipate the needs and necessities after the divorce, not just the lifestyle during the marriage, mental health, the permanent or temporary status of a party’s mental health condition, a party’s ability to obtain skills or education to contribute to survival, the economic repercussions of adultery and more.

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Durational alimony

The new law caps durational alimony to three years or less, and those terms are limited based on the duration of the marriage, with certain exceptions, and may not exceed the lesser of the obligee’s reasonable need or 35 percent of the difference between the parties’ net incomes.

Changes to retirement

Ex-spouses making alimony payments will now have a process where they can seek modifications to alimony agreements when they want to retire.

What will happen to existing alimony agreements?

Senate bill sponsor Joe Gruters, R-Sarasota, has stated that the new law would not unconstitutionally affect existing alimony settlements.

“So what you can do right now, under case law, we now codify all those laws and make that the rule of law. So we basically just solidify that. So from a retroactivity standpoint, no, because if anything could be modifiable before, it’s still modifiable. If it’s a non-modifiable agreement, you still can’t modify that agreement,” Gruters told a Senate committee in April.

This article originally appeared on Pensacola News Journal: DeSantis signs new Florida bill killing permanent alimony. What is it?