Author: Serena Baldacchino

Florida’s alimony law was overhauled last year. Of note, permanent alimony was eliminated, but only as to initial petitions for dissolution of marriage filed or pending as of July 01, 2023. Though the new law does not eliminate permanent alimony awarded prior to the July 01, 2023 cut-off date, it does codify and clarify situations in which termination or modification of permanent alimony may be possible.

Recent revisions to Florida alimony law have clarified what the courts will consider when ruling on an initial award of alimony or a petition to modify or terminate alimony based on the would-be recipient’s/recipient’s “supportive relationship.” These revisions recognize that the financial needs of the party who is seeking an award of alimony, or already has an alimony award, may be reduced when such a supportive relationship exists.

In general, Florida courts consider a child’s current best interests and the family’s present circumstances when ordering a parenting plan in a dissolution of marriage or paternity action. Prospective-based analyses of children’s future best interests are to be avoided. There is a recent trend, however, in allowing for timesharing planning and adjustments around future events if an event is “reasonably and objectively certain to occur at an identifiable time in the future,” i.e., when the use of a crystal ball is not needed.

For families experiencing the turmoil that so often comes with divorce or separation, co-parenting counseling can help.