Florida Governor DeSantis Signs Bill Reforming Alimony Laws, Ending Permanent Alimony

DeSantis Signs Bill Reforming Alimony Laws
Governor of Florida, Ron DeSantis in Manhattan on June 29, 2023 in New York City. Photo credit: Roy Rochlin/Getty Images.

In a significant move that marks a turning point in the state’s alimony laws, Governor Ron DeSantis signs bill reforming alimony laws, following years of heated debates and three previous vetoes of similar bills.

The newly approved measure (SB 1416) includes the elimination of permanent alimony, a provision that drew mixed reactions. Governor DeSantis had vetoed a similar bill last year, but this time, he gave his approval. The bill aimed to replace permanent alimony with a formula-based approach, tying alimony amounts to the duration of the marriage.

Notably, the decision faced strong opposition from the “First Wives Advocacy Group,” a coalition primarily comprising older women who receive permanent alimony. They expressed concerns that their lives would be drastically impacted by the absence of these payments.

The contentious battle to eliminate permanent alimony has spanned many years and has witnessed emotional testimonies from members of the First Wives group. However, it has also garnered impassioned pleas from former spouses who, burdened by alimony payments, were forced to work beyond their desired retirement age.

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In addition to eliminating permanent alimony, the new measure introduces a process for ex-spouses who make alimony payments to seek modifications when they wish to retire. Judges will have the authority to reduce or terminate alimony, support, or maintenance payments after considering various factors, such as the payer’s age and health, the typical retirement age in their profession, the economic impact on the recipient, and the payer’s motivation and likelihood of returning to work.

Proponents of the bill argue that it enshrines into law a court decision made in a 1992 divorce case that serves as a guiding principle for judges when making decisions related to retirement.

However, opponents remain concerned about the application of the bill to existing permanent alimony agreements, which many ex-spouses accepted in exchange for relinquishing other assets during divorce settlements.

The new law, which will take effect on Saturday, also establishes a five-year limit on rehabilitative alimony. Individuals married for less than three years will not be eligible for alimony payments, while those married for 20 years or longer can receive payments for up to 75 percent of the marriage’s duration.

In conclusion, Governor Ron DeSantis’s signing of the bill to reform Florida’s alimony laws marks a significant development in the state’s legal landscape. The measure, which eliminates permanent alimony and introduces a formula-based approach, has been met with both support and opposition.

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