The year 2023 marked an extraordinary period for family law in Florida, primarily due to a landmark overhaul of alimony legislation. These significant changes, primarily encapsulated in Senate Bill (SB) 1416, took effect on July 1, 2023, and are poised to impact practitioners and clients profoundly. The new statutory framework, which reflects years of negotiation and input from various stakeholders, eliminates permanent alimony, introduces new guidelines for durational alimony, and mandates specific written findings of fact in judicial determinations. This article will delve into these critical revisions and illustrate their application through an analysis of the recent Edman v. Edman case.
The most significant change brought by SB 1416 is the removal of permanent alimony as a permissible award. While temporary, bridge-the-gap, and rehabilitative alimony forms remain, durational alimony has undergone substantial revisions. The legislation now imposes specific caps on the length of durational alimony awards, correlating them to the duration of the marriage. Marriage lengths are redefined as:
Durational alimony may not exceed 50% of the length of a short-term marriage, 60% of a moderate-term marriage, or 75% of a long-term marriage. Courts may extend these lengths under exceptional circumstances, which require a showing of clear and convincing evidence. This evidence must consider specific factors, including the obligee’s age, employability, financial resources, mental or physical disability, and their role as a caregiver to a mentally or physically disabled child common to the parties.
Furthermore, the statute introduces a calculation guideline for the amount of durational alimony, setting it as the obligee’s reasonable need OR an amount not exceeding 35% of the difference between the parties’ net incomes, whichever is less. This guideline, however, does not apply to temporary or other forms of alimony. The burden of proving the need for support and the other party’s ability to pay now rests on the party seeking support. While adultery remains a consideration, its statutory placement has shifted.
Crucially, the new law mandates specific written findings of fact for all alimony determinations, including instances where support is denied due to a
lack of need or ability to pay. Courts must also make specific findings when requiring an obligor to purchase or maintain a life insurance policy or bond to secure an alimony award, with the cost apportioned based on the parties’ ability to pay.
The legislation also significantly revises provisions concerning supportive relationships, changing the discretionary “may” to a mandatory “must” when it comes to reducing or terminating alimony upon such a finding. A supportive relationship is now broadly defined to include a person “who is not related to the obligee by consanguinity or affinity”. The obligor must prove, by a preponderance of the evidence, that a supportive relationship existed within 365 days prior to the petition’s filing. If proven, the burden shifts to the obligee to demonstrate why the award should not be reduced or terminated. The court must consider and make written findings of fact regarding various factors to determine the nature of the relationship, including financial support, cohabitation, and shared responsibilities.
Regarding retirement, SB 1416 codifies Pimm v. Pimm, 601 So.2d 534 (Fla. 1992), by authorizing courts to reduce or terminate alimony upon specific written findings about the obligor’s retirement. An obligor may file a petition to modify or terminate support up to six months before retirement in reasonable anticipation. The court must consider specified factors and make written findings when deciding on such petitions.
The impact of these legislative changes is immediately evident in recent Florida appellate decisions, such as Edman v. Edman, 407 So.3d 452 (Fla. 4th DCA 2025). In Edman, the husband appealed a dissolution of marriage judgment that awarded permanent alimony and failed to make the findings required by statute. The appellate court noted that the new statute, which eliminated permanent alimony and amended Fla. Stat. § 61.08, applied because the husband’s petition was pending after July 1, 2023, the effective date of the new law.
The Edman court found that the trial court erred in awarding permanent alimony, as this was no longer an authorized remedy under Florida law. Furthermore, the trial court failed to make the necessary factual findings required by the amended statute concerning the need and ability to pay alimony and the division of the husband’s retirement pension. The appellate court reversed in part and remanded the case with instructions for the trial court to conduct an evidentiary hearing and make the requisite factual findings regarding alimony and the husband’s pension, underscoring the necessity of strict compliance with the newly enacted statutory requirements for specific written findings. The court in Edman explicitly referenced the elimination of
permanent alimony and the requirement for explicit findings, directly applying the principles of the new law. This case serves as a clear example of the judiciary’s expectation for trial courts to adhere diligently to the updated framework.
The 2023 amendments to Florida’s alimony statute represent a fundamental shift in how alimony is determined and modified, moving towards a more structured and transparent approach. The emphasis on precise calculations, fixed durations, and mandatory written findings of fact reflects a legislative intent to provide greater clarity and predictability in alimony awards. As demonstrated by Edman v. Edman, appellate courts will enforce these new requirements rigorously, compelling practitioners to adapt their strategies to ensure strict compliance with the updated statutory framework. The changes, whether viewed as positive or challenging, undeniably require careful study and application by all involved in Florida family law.
Anthony Meehan Genova is a highly qualified legal professional specializing in family law, particularly known for his extensive experience in mediation and his commitment to community service. Mr. Genova is Board Certified in Marital & Family Law. This certification signifies Florida’s official, independent determination of a lawyer’s expertise to practice in a specialty field of law, widely regarded as the “gold standard” for Florida lawyers. The Board Certification program, officiated by The Florida Supreme Court and administered by The Florida Bar, began in 1982 to help the public select lawyers who are distinguished in particular areas of law. The Florida Bar thoroughly evaluates all board-certified lawyers for credibility and expertise in their specific area, as well as for professionalism and ethics in the practice of law, encapsulated by the slogan “Evaluated for Professionalism, Tested for Expertise”.
To achieve this esteemed certification, Mr. Genova, like all board-certified lawyers, demonstrated a dedication to achieving a heightened level of excellence through character, professionalism, ethics, and credibility. The rigorous process requires lawyers to have practiced law for at least five years before becoming eligible and to show substantial involvement in their chosen area of law. He successfully passed a comprehensive examination that evaluates a high level of knowledge, skills, and expertise in the specialty field, and underwent a rigorous peer-review process assessing competence, professionalism, and ethics.
Additionally, board-certified lawyers must satisfy continuing legal education requirements that are more robust than those for general licensure. This certification is valid for five years, requiring continued practice and attendance of Florida Bar-approved continuing legal education courses for recertification. As of 2023, fewer than 5,000 lawyers in Florida, representing only 5% of eligible Florida Bar members, have earned board certification. Recent research indicates that lawyers who list themselves as “board-certified” in a specialized area are 25% to 40% more likely to be hired than non-board-certified counterparts with similar credentials. When retaining a board-certified lawyer like Mr. Genova, clients gain access to specialized expertise, professionalism & ethics, credibility, and a heightened dedication to excellence. His rigorously evaluated experience and competency offer clients assurance of a heightened level of proficiency in Marital & Family Law.
In addition to his board certification, Mr. Genova has been a Supreme Court Certified Marital & Family Law Mediator since 2019. He has been a dedicated member of the Executive Council of the Family Law Section of the Florida Bar since 2016. His significant involvement within this section includes various leadership and committee roles, demonstrating a deep engagement with the evolution and practice of family law: Co-chair of the Rules and Forms Committee (2018-2020), Chair of the Membership Committee (2016-2017), Vice Chair of the Domestic Violence Committee (2017-2018), Co-Vice Chair for Diversity and Inclusion (2023-2024), Member of the Equitable Distribution Committee (2017- 2020), Member of the Support Issues Committee (2014-2018).