Atlantic Ave Magazine April 2024

PYFROM & REISLER, PA
Important Updates and Changes in
Florida Law on Alimony and Timesharing
BY NICOL JENKINS | PHOTOS BY MELISSA KORMAN
There have been quite a few law changes here in Florida,
effective July 1, 2023. Specific to family law matters are Fla.
Stat. §61.08 (alimony) and Fla. Stat. §61.13 (timesharing).
Matrimonial and family law attorneys Cynthia Pyfrom and
Jennifer E. Reisler of Pyfrom & Reisler, PA. share their
knowledge of the Statutes. They stated, “While this is not
an all-inclusive explanation of all changes to these two specific Statutes,
it is important to note some of the major changes that became
effective on July 1, 2023.”
FLA. STAT. §61.08 (ALIMONY):
Prior to July 1, 2023, permanent alimony was an available type
of alimony under Fla. Stat. §61.08. However, Florida has now essentially
abolished permanent alimony going forward. Thus, when
parties get divorced in Florida, permanent alimony is no longer an
available type of alimony the Court can award a spouse. What remains
in the Statute is durational alimony, bridge-the-gap alimony,
and rehabilitative alimony. The Court can also award a combination
of various forms of alimony, including temporary alimony during
the pendency of the divorce case.
Importantly, the Statute now gives parties and family law practitioners
much more specific direction in determining an appropriate
amount of durational alimony. The requesting party is still required
to prove a “need” for the alimony. Once that “need” is proven, the
Court can then award an amount for a specific duration of time. The
maximum duration an award of alimony can last depends on the
length the actual marriage lasted. How does a Court determine the
length of the marriage? From date of marriage to date of filing the
Petition for Dissolution of Marriage. A marriage lasting between
zero to ten years in length could result in an award of durational
alimony up to a maximum of 50% of the length of the marriage. A
marriage lasting between ten to twenty years in length could result
in an award of durational alimony up to a maximum of 60% of the
length of the marriage. Lastly, a marriage lasting more than twenty
years in length could result in an award of duration alimony up to a
maximum of 75% of the length of the marriage.
Once the duration of the alimony is determined, the amount of alimony
awarded depends on the actual “need” the requesting party
has for that financial support, but most importantly, any amount of
durational alimony awarded is capped out at a maximum of 35% of
the difference between the net incomes of the parties.
This is a simplified explanation, as issues could arise that could
affect the ultimate determination, including the income of the parties
(whether one is underemployed or unemployed), as well as
actual need versus desire. There are a lot of specific factors a Judge
and/or family law practitioner needs to know to determine an accurate
and fair alimony amount.
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76 | APRIL 2024 | WWW.ATLANTICAVEMAGAZINE.COM