House Bill 907 makes a number of changes to Florida's alimony statute. The amendments to Florida Statute 61.08 apply to all initial awards of alimony entered after July 1, 2010 and modifications of those awards. These amendments will not serve as a basis to modify awards entered before July 1, 2010.

The changes to Florida's alimony laws are:

- The court must make a specific factual detemination as to whether either party has a need for alimony and whether either party has the ability to pay alimony.

- In determining an alimony award the court will now consider additional factors including.

• The earning capacities, education levels, skills and employability of the parties
• The responsibilities each party will have with regards to the children
• The tax consequences of an alimony award
• Income available to either party through investments 

- The statute now contains a rebuttable presumption regarding the length of marriage, which is the period of time from the date of marriage until the date of filing for dissolution of marriage.

• A short-term marriage is 7 years or less
• A moderate-term marriage is more than 7 years but less than 17 years 
• A long-term marriage is 17 years or greater

- Bridge-the-gap, Rehabilitative, and Durational alimony have been added to the statute:

• Bridge-the-gap alimony is designed to assist a party with legitimate, identifiable, short-term needs and may not exceed two years
• Rehabilitative alimony assists a party in redeveloping previous skills or credentials or acquiring education, training, or work experience. In order to receive an award for this type of alimony there must be a specific and defined rehabilitative plan.
• Durational alimony provides a party with assistance for a set period of time following a short-term marriage. The amount of a durational alimony award may be modified or terminated based on a substantial change in circumstances (in accordance with Florida Statute 61.14.) The length of an award of durational alimony will only be modified under exceptional circumstances. The length of a durational alimony award may not exceed the lengthof the marriage.

- The statute now states that Permanent alimony may be awarded following a long-term marriage, following a moderate-term marriage upon consideration of statutorily proscribed factors, and following a short-term marriage under exceptional circumstances. Permanent alimony aims to keep the parties at the same standard of living that was established during the marriage.
Click on this link for more information on Florida Alimony.

If you have questions about the legislative changes discussed above and how they may affect you please feel free to call our office and schedule a consultation.