HOW WILL THE CHANGE IN ALIMONY LAWS AFFECT ME?

Florida’s alimony law underwent significant changes in 2023, which could impact you depending on your situation. Key aspects of the changes include:

1. **Elimination of Permanent Alimony**: Permanent alimony is no longer an option in Florida. Instead, alimony is now based on shorter, specific time periods, designed to give recipients financial assistance for a defined duration. If you were expecting or paying permanent alimony, this change could significantly affect you.

2. **Durational Alimony**: This type of alimony now has set time limits. It cannot last longer than 50% of the length of the marriage for marriages lasting less than three years. For longer marriages, the duration is more flexible but still limited.

3. **Modification of Existing Alimony**: The new law makes it easier to modify or terminate alimony if there's a "substantial change" in circumstances. This can include retirement or other significant financial shifts, meaning if you or your ex-spouse has a change in income or ability to pay, alimony obligations can be reconsidered.

4. **Retirement Provisions**: The law now allows a paying spouse to seek modification or termination of alimony upon reaching a "reasonable retirement age." This could lower or end alimony obligations based on retirement income.

5. **New Restrictions on Adultery**: Adultery can now factor into the determination of alimony awards in terms of the financial impact on marital assets, though it doesn’t guarantee or exclude alimony by itself.

If you are currently receiving or paying alimony, or if you are in the process of a divorce, these changes could affect how much alimony is awarded, its duration, or whether it can be modified in the future.

< Older Post

Navigating Prenuptial Agreements in Florida: Key Considerations and Legal Requirements

July 5, 2024

To get divorced in Florida with property and children involved, you will need to follow a few steps: 1. Determine if you are eligible: At least one spouse must have been a resident of Florida for at least six months before filing for divorce. 2. Consult with an attorney: Divorce can be a complex process, especially when property and children are involved. Seeking guidance from Attorney Baird with over 30 years of experience in family law will help ensure that you understand your rights, obligations, and the correct legal procedures to follow. 3. File the petition: To initiate the divorce process, you must file a petition for dissolution of marriage with the circuit court in the county where you or your spouse resides. The petition should include information about your marriage, property, and children. 4. Serve the petition: After filing the petition, you will need to serve your spouse with a copy of the papers. The court requires proper service through a sheriff's deputy or a private process server. Attorneys can also agree to accept service on behalf of a Respondent in a divorce case so that formal service on the individual will not be necessary. 5. Respond to the petition: If your spouse has been properly served with the divorce papers, they will have a certain period to respond. If they fail to respond within the given time frame, you may be eligible for a default judgment. 6. Parenting plan and child custody: If you and your spouse have children, both parties should create or agree upon a parenting plan, including child custody, visitation, and financial support arrangements. The court may require mediation to help reach an agreement, and if you cannot agree, a judge will make the determination based on the child's best interests. 7. Division of property and debts: Florida follows equitable distribution law, not community property law. This means that marital property includes assets and debts that are acquired during the marriage, but not prior to the marriage, in most cases. In some cases, however, pre-marital property may be deemed marital property, so you should consult with Attorney Baird to determine the likelihood of this applying in your situation. Marital property is divided fairly but not necessarily equally. You and your spouse can negotiate a settlement or, if you cannot agree, the court will make decisions on property division for you. 8. Finalize the divorce: Once all issues are resolved and agreed upon, you can proceed with finalizing the divorce. This involves preparing and signing a marital settlement agreement, attending a final hearing, and requesting a judge to grant the dissolution of the marriage. Note: Keep in mind that the process can vary depending on your specific circumstances and if any complications arise. It is highly recommended to seek legal counsel from Attorney Baird to guide you through the process and before coming to any agreements with your spouse to ensure you do not waive valuable legal rights.

How to Get Divorced in Florida

December 4, 2023

To get divorced in Florida with property and children involved, you will need to follow a few steps: 1. Determine if you are eligible: At least one spouse must have been a resident of Florida for at least six months before filing for divorce. 2. Consult with an attorney: Divorce can be a complex process, especially when property and children are involved. Seeking guidance from Attorney Baird with over 30 years of experience in family law will help ensure that you understand your rights, obligations, and the correct legal procedures to follow. 3. File the petition: To initiate the divorce process, you must file a petition for dissolution of marriage with the circuit court in the county where you or your spouse resides. The petition should include information about your marriage, property, and children. 4. Serve the petition: After filing the petition, you will need to serve your spouse with a copy of the papers. The court requires proper service through a sheriff's deputy or a private process server. Attorneys can also agree to accept service on behalf of a Respondent in a divorce case so that formal service on the individual will not be necessary. 5. Respond to the petition: If your spouse has been properly served with the divorce papers, they will have a certain period to respond. If they fail to respond within the given time frame, you may be eligible for a default judgment. 6. Parenting plan and child custody: If you and your spouse have children, both parties should create or agree upon a parenting plan, including child custody, visitation, and financial support arrangements. The court may require mediation to help reach an agreement, and if you cannot agree, a judge will make the determination based on the child's best interests. 7. Division of property and debts: Florida follows equitable distribution law, not community property law. This means that marital property includes assets and debts that are acquired during the marriage, but not prior to the marriage, in most cases. In some cases, however, pre-marital property may be deemed marital property, so you should consult with Attorney Baird to determine the likelihood of this applying in your situation. Marital property is divided fairly but not necessarily equally. You and your spouse can negotiate a settlement or, if you cannot agree, the court will make decisions on property division for you. 8. Finalize the divorce: Once all issues are resolved and agreed upon, you can proceed with finalizing the divorce. This involves preparing and signing a marital settlement agreement, attending a final hearing, and requesting a judge to grant the dissolution of the marriage. Note: Keep in mind that the process can vary depending on your specific circumstances and if any complications arise. It is highly recommended to seek legal counsel from Attorney Baird to guide you through the process and before coming to any agreements with your spouse to ensure you do not waive valuable legal rights.