Florida

DeSantis signed a controversial measure to overhaul permanent alimony. Here's what to know about the bill

DeSantis’ approval came a year after he nixed a similar bill that sought to eliminate permanent alimony and set up a formula for alimony amounts based on the length of marriage

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NBC6’s Heather Walker explains Florida’s new alimony law and how it could affect those going through a divorce.

Florida Gov. Ron DeSantis on Friday signed a measure that will overhaul the state’s alimony laws, after three vetoes of similar bills and a decade of emotional clashes over the issue.

The measure (SB 1416) includes doing away with what is known as permanent alimony.

DeSantis’ approval came a year after he nixed a similar bill that sought to eliminate permanent alimony and set up a formula for alimony amounts based on the length of marriage.

“This is a really big change as far as alimony goes," said family law attorney Emily Phillips, adding that this is the largest change to alimony in decades.

So what does this new measure mean for alimony laws in Florida? Here's everything you need to know about the new bill.

What does this bill mean for people paying or receiving alimony?

Along with eliminating permanent alimony, the measure will set up a process for ex-spouses who make alimony payments to seek modifications to alimony agreements when they want to retire.

It will allow judges to reduce or terminate alimony, support or maintenance payments after considering a number of factors, such as “the age and health” of the person who makes payments; the customary retirement age of that person’s occupation; the "economic impact” a reduction in alimony would have on the recipient of the payments; and the “motivation for retirement and likelihood of returning to work” for the person making the payments.

The bill will set a five-year limit on what is known as rehabilitative alimony.

Under the plan, people married for less than three years will not be eligible for alimony payments, and those who have been married 20 years or longer will be eligible to receive payments for up to 75 percent of the term of the marriage.

The new law will also allow alimony payers to seek modifications if “a supportive relationship exists or has existed” involving their ex-spouses in the previous year. Critics argued the provision is vague and could apply to temporary roommates who help alimony recipients cover living expenses for short periods of time.

When did the alimony bill go into effect?

The bill went into effect July 1, 2023.

How does this bill differ from past versions that have been vetoed?

Along with DeSantis’ veto of the 2022 version, former Florida Gov. Rick Scott twice vetoed similar bills. The issue spurred a near-fracas outside Scott’s office in 2016.

This year, however, the proposal received relatively little public pushback and got the blessing of Florida Family Fairness and The Florida Bar’s Family Law Section, which fiercely clashed over the issue in the past.

Supporters said it will codify into law a court decision in a 1992 divorce case that judges use as a guidepost when making decisions about retirement.

But, as with previous versions, opponents remained concerned that the bill would apply to existing permanent alimony agreements, which many ex-spouses accept in exchange for giving up other assets as part of divorce settlements.

Reaction to the bill

The approval drew an outcry from members of the “First Wives Advocacy Group,” a coalition of mostly older women who receive permanent alimony and who assert that their lives will be upended without the payments.

“On behalf of the thousands of women who our group represents, we are very disappointed in the governor’s decision to sign the alimony-reform bill. We believe by signing it, he has put older women in a situation which will cause financial devastation. The so-called party of ‘family values’ has just contributed to erosion of the institution of marriage in Florida,” Jan Killilea, a 63-year-old Boca Raton woman who founded the group a decade ago, told The News Service of Florida in a text message Friday.

While it elicited tearful testimony from members of the First Wives group, the measure also spurred impassioned pleas from ex-spouses who said they had been forced to work long past the age they wanted to retire because they were on the hook for alimony payments.

Michael Buhler, chairman of Florida Family Fairness, a group that has pushed for doing away with permanent alimony, praised the approval of the bill.

“Florida Family Fairness is pleased that the Florida Legislature and Gov. DeSantis have passed a bill that ends permanent alimony and codifies in statute the right to retire for existing alimony payers,” Buhler said in a statement “Anything that adds clarity and ends permanent alimony is a win for Florida families.”

How might approving this measure affect DeSantis' presidential run?

DeSantis launched his 2024 presidential campaign on May 24, 2023.

While many are in favor of the Florida governor's decision to back the controversial measure, some say his approval will make them rethink selecting him come election day.

“He (DeSantis) has just impoverished all the older women of Florida, and I know at least 3,000 women across the state of Florida are switching to Democrat and we will campaign against him, all the way, forever,” Camille Fiveash, a Milton Republican who receives permanent alimony.

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