New Divorce Laws in Florida: 2024-2025 Changes You Need to Know

New Divorce Laws in Florida: What Changed?

Quick Answer: Florida passed major alimony reform in 2023 (SB 1416), eliminating permanent alimony and creating a formula-based system. Additional changes affect adultery considerations, time-sharing, and retirement. These are the most significant divorce law changes in Florida in decades.

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The Big Change: No More Permanent Alimony

What Changed

Before (Pre-July 2023):

• Permanent alimony available for long marriages
• No formula for calculating amount
• Could last until death or remarriage
• Difficult to modify once ordered

After (July 1, 2023+):

• Permanent alimony eliminated
• Durational alimony capped at percentage of marriage length
• Formula provides guidance on amounts
• Easier to modify for changed circumstances

New Alimony Caps

Example: 20-year marriage = maximum 15 years of alimony (75% of 20)

The New Formula (Guideline, Not Mandatory)

The court considers:

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Alimony = (30% to 35% of the income difference)

Considering:

• Need of requesting spouse
• Ability of other spouse to pay
• Standard of living during marriage
• Duration of marriage

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Adultery Now Matters (Sort Of)

The Change

For the first time in decades, adultery can affect alimony in Florida—but only in limited ways.

How It Works

If a spouse commits adultery AND used marital funds on the affair, courts may:

• Consider this when determining alimony amount
• Factor in money spent on affair partner
• Reduce alimony award to cheating spouse

What It Doesn't Do

❌ Adultery alone doesn't affect property division

❌ It's not grounds for denying custody

❌ No-fault divorce still applies (you don't need to prove adultery)

❌ Adultery without financial impact may not matter

Proving Adultery

If you want to use adultery in your case, you must prove:

Practical tip: Most attorneys advise against pursuing adultery claims unless significant money was spent—the legal fees often exceed any benefit.

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Retirement and Alimony

New Provisions

The 2023 law addresses alimony and retirement more clearly:

Reasonable Retirement Age:

• Approaching customary retirement age is grounds to modify/terminate alimony
• Court considers health, ability to work, retirement savings
• Paying spouse can petition to reduce/end alimony when retiring

What This Means:

• Someone paying alimony doesn't have to work forever
• Retirement at normal age (62-67) is generally accepted
• Modification process is more straightforward

Supporting Spouse Considerations

Courts now consider the paying spouse's:

• Age and health
• Ability to continue working
• Retirement savings and needs
• Expected retirement income

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Cohabitation and Alimony

Stronger Cohabitation Rules

If the alimony recipient is in a supportive relationship (cohabitation), the paying spouse can:

• Petition to reduce or terminate alimony
• Don't need to prove actual financial support
• Focus on whether they're living together as if married

What Courts Look At

Key change: It's now easier to prove cohabitation and reduce alimony as a result.

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Impact on Pending and Future Cases

If Your Divorce Was Filed Before July 1, 2023

The old law may apply to:

• Cases filed before the effective date
• Existing alimony orders (not automatically changed)

However, modification requests filed after July 2023 use the new law.

If You're Filing Now

The new law fully applies to your case. This means:

• No permanent alimony option
• Formula-based calculation guidelines
• Duration caps based on marriage length
• Retirement provisions available

If You Have an Existing Order

Your current order remains in effect unless:

• You file to modify
• Other party files to modify
• Circumstances substantially change

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Time-Sharing Trends (Not a Law Change, But Important)

While not a formal law change, Florida courts are increasingly:

Favoring Equal Time-Sharing

• 50/50 arrangements more common
• Both parents expected to be involved
• Gender-neutral approach enforced

Requiring Detailed Parenting Plans

• Specific schedules required
• Holiday rotation must be addressed
• Communication methods specified
• Decision-making authority clear

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How These Changes Affect You

If You're the Higher Earner

Good news:

• Alimony has time limits
• Can plan for retirement
• Adultery with financial impact matters

Consider:

• Settlement may be easier to predict
• Cohabitation clause standard in agreements

If You're the Lower Earner

Important changes:

• No permanent alimony option
• Must plan for alimony ending
• Rehabilitative goals more important

Strategy:

• Focus on career development
• Request durational alimony early
• Understand your time limit

If You're Modifying Existing Alimony

Opportunities:

• Approaching retirement
• Recipient cohabiting
• Significant income changes

Process:

• File petition citing new law
• Demonstrate substantial change
• Request modification under new provisions

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Don't Navigate Alone

The new Florida divorce laws create both opportunities and pitfalls. At Divorce.law:

• We know the new laws and how courts are applying them
• AI-powered analysis calculates alimony under current guidelines
• Flat-fee pricing lets you budget without surprises

These laws are new—work with an attorney who understands them.