Since the beginning of January 2022, the Florida legislature has had bill SB 1796 (the “Bill”) on their mind and have sent it to Governor DeSantis for his approval and signature. The Bill is based on the modification of Alimony awards to be determined during a dissolution of marriage and the new law would go into effect on July 1, 2022.
There are multiple provisions used to form such a Bill, as explained by its supporters. First, the Co-Sponsors of the Bill pushed to require the court to make certain written findings in its awards of alimony. Second, the supporters pushed to remove the Court’s ability to consider adultery of either spouse in determining the amount of an alimony award. The biggest change the Bill brings to the table is that it states that “durational alimony may not exceed 50 percent of the length of a marriage lasting between three and ten years, 60 percent of the length of a marriage lasting 10 and 20 years, or 75 percent of the length of a marriage lasting 20 years or longer.” Although this change may seem relieving to some Florida Family lawyers currently representing individuals amid a dissolution of marriage case, the Bill has also sparked some controversy for closed cases. The new rules proposed by the Bill can be applied retroactively, meaning that the rule can be applied to previously closed cases that allow for modifications.
Therefore, it is “likely that there will be a rise in requests for alimony modifications and a need for recalculations of income and support” based on previous and current financial affidavit disclosures. Furthermore, it has received backlash from the group Florida Family Fairness which is opposed to the change in alimony awards, as it can potentially lead to individuals with existing alimony agreement to have their alimony eradicated or significantly reduced. All in all, it seems that the Bill, particularly in reference to alimony and awards, has its benefits and disadvantages. Now, it is up to Governor DeSantis to decide whether the change in alimony law is for the good or if it will only lead to nightmares.
