What Every Palm Beach Spouse Should Know Before Filing for Divorce

If you are considering a divorce when living in Palm Beach County and are in between two thoughts about who will pay or receive alimony, be aware that the legal framework in Florida has seen quite a lot of changes in the last few years.  Many people still believe that long periods of marriage grant them the right to receive alimony for life, which is no longer applicable according to state law.  You should familiarize yourself with the new regulations of the state law before getting into negotiations or heading to court.

Changes Introduced by the Reform of 2023

Floridians have seen the changes in the alimony legislation starting from July 1, 2023. This means that the permanent form of alimony is not provided anymore in the new cases. At the time when the previous law was still in force, a person whose marriage lasted for an extended period of time could expect to receive such payments until the end of their life. But now nothing of the kind is applicable. Any person who is filing for Divorce spousal support palm beach will be subjected to totally new regulations enacted by Florida Statute 61.08 that provides for four kinds of alimonies. 

Temporary alimony refers to the support that is provided during the period in which the divorce case is ongoing in order to assist both spouses in maintaining their households until the issuance of the final decrees. It automatically ceases when the divorce is finalized. 

Bridge-the-gap alimony is meant to assist spouses in transitioning to a new phase in life by meeting the needs of the spouses for a short time. The period of bridge-the-gap alimony is capped at no more than two years, and it cannot be modified once it is ordered. 

Rehabilitative alimony is provided to a spouse who needs some time to get a degree or a certification in order to be able to support himself or herself. In order to be granted rehabilitative alimony, the spouse must present a specific rehabilitative plan to the court and can have the support stopped or changed if the plan is not being pursued properly.

The new reform brought with it durational alimony, which has replaced permanent alimony as the main long-term alternative. Durational alimony gives support for a certain period depending on how long the marriage lasted with the inclusion of strict caps that were absent in the past.

How Marriage Length Provides Restrictions for Support

One of the major changes introduced by the reform is the relationship of duration and how long couples were married. Florida now classifies marriages according to their duration into three categories: short-term, moderate-term, and long-term. The length of support gradually depends on the category and is limited to a certain percentage from about 50 to 75 with only specific exceptions. As a result, marriages lasting for even 30 years do not ensure permanent support anymore. 

The reform provided another level of restriction: courts cannot award alimony proceeding 35 percent of the difference between the spouses' net incomes. Thus, the combination of these limitations resulted in even more reliable support system than it used to be before.

What Courts Also Take Into Account

Even though there has been some change in structure, judges in Palm Beach County still consider the same factors in determining whether or not alimony is deserved, or what form it should take and how much should be paid. The factors that they take into account include the real need for alimony on the part of one spouse, and the ability of their partner to give it, the standard of living that existed while being married, the age, health and income-generating potential of both spouses, as well as the contributions from one spouse to the marriage itself, for example, being a homemaker, raising kids or helping the other with his/her studies and work. What is important is that thanks to the reform judges now have a more demanding requirement: now they need to give written reasons for granting a particular type of alimony, rather than allowing themselves free judgment.

In Case of Having New Alimony Order

My clients from Palm Beach County are always asking me, what does 2023 reform mean for the alimony they are now paying or receiving, given the previous judgement. If we talk about the general rule, Any standing orders of permanent alimony imposed prior to July 1, 2023, will continue in force and will not receive the automatic rescindment provided by the new law. However, the reform does give you better options for modifying or terminating alimony depending on situations of reaching retirement age or existence of a supportive relationship with a new partner. If you continue to pay alimony and are nearing retirement born or your former spouse is undergoing a major change of finances, you are encouraged to consult about the possibility of modification of your alimony order under the new law. 

What This Means for Your Divorce

Florida's alimony reform is quite new, and judges and lawyers are still learning how to deal with the provisions of the law, particularly with cases that were pending in court at the time the law took effect. Therefore, having a family law lawyer familiar with how the judges in Palm Beach County are interpreting the new law in practice is more important than ever.

Regardless of whether you expect to give or obtain support or if you're merely trying to determine what a reasonable settlement would look like according to current law, the key to the outcome of your specific issue will depend more on the specific income/situation of your marriage than in the past. If you're in Palm Beach County and going through a divorce, you should have a conversation with an experienced family law attorney so that you will be well aware of your alternatives before entering negotiations.