Fort Lauderdale Divorce Lawyer Blog
The legal landscape surrounding spousal support in Florida has undergone a significant transformation following the legislature’s 2023 decision to eliminate permanent alimony. A recent Florida divorce case demonstrates how courts must now reconsider alimony determinations when final judgments are pending on appeal after July 1, 2023. For anyone involved in a Florida divorce where alimony is at issue, this ruling serves as a critical reminder of how legislative changes can directly impact the outcome of a case. If you are navigating a divorce in Florida, it is essential to consult with a knowledgeable Miami divorce attorney who understands the current statutory framework.
Facts of the Case
It is reported that the former husband petitioned for dissolution of marriage and requested permanent alimony after a 24-year marriage. The trial court granted the request and entered a final judgment awarding the former husband permanent alimony in the amount of $1,750 per month. The trial court rendered its decision in February 2023, several months before the July 1, 2023, effective date of Florida’s revised alimony statute. The former wife filed a timely appeal from the judgment, challenging the alimony award on multiple grounds.
It is alleged that the former wife objected to the award of permanent alimony based on the newly enacted provisions of section 61.08, which, effective July 1, 2023, abolished permanent alimony in Florida. She argued that because her appeal was still pending after the statutory change took effect, the trial court’s alimony ruling should be reconsidered under the new law. The former wife also challenged the trial court’s findings related to the former husband’s financial need and her own ability to pay alimony.
Permanent Alimony Under Florida Law
On review, the court noted that even under prior law, an alimony award must be based on a showing of actual need and the other party’s ability to pay. Here, the court had awarded $1,750 in monthly alimony despite evidence that the former husband’s proven need was less than that amount. The court emphasized that an alimony award exceeding the recipient’s need constitutes an abuse of discretion and directed the lower court to revisit this issue on remand.
It is alleged that the former wife’s gross monthly income was incorrectly used as her net income when calculating her ability to pay. The court explained that using gross rather than net income for alimony calculations is reversible error. The court also cited testimony from a financial expert who misunderstood key components of the former wife’s compensation, further undermining the accuracy of the trial court’s findings.
Additionally, the court instructed the lower court to consider whether the former husband’s inheritance from his grandmother should be factored into the alimony analysis, as Florida courts have held that inherited assets may affect a party’s need for support. The trial court was also directed to consider statutory factors related to adultery and the existence of a supportive relationship under newly revised sections 61.08(1)(a) and 61.14(1)(b), both of which became effective on July 1, 2023.
Speak with a Miami Divorce Attorney About Florida’s New Alimony Laws
Florida’s recent overhaul of alimony laws has significantly impacted how courts evaluate spousal support, especially in long-term marriages. Whether you are pursuing or contesting alimony, it is essential to understand how the new law affects your rights. At The Law Offices of Sandy T. Fox, P.A., our skilled Miami divorce attorneys stay at the forefront of legal developments and are committed to helping clients navigate the complexities of divorce and support disputes. You can contact our office at 800-596-0579 or reach out online to schedule a confidential consultation.