Text of Changes to the Alimony Statute
On July 1, 2011, changes to section 61.08, Florida Statutes (the “Alimony Statute”) went into effect. These changes narrow the circumstances under which permanent, periodic alimony will be awarded. Below you will find the affected portions of the Alimony Statute, with the new language underlined:
61.08 Alimony.—
(2) In determining whether to award alimony or maintenance, the court shall first make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance. If the court finds that a party has a need for alimony or maintenance and that the other party has the ability to pay alimony or maintenance, then in determining the proper type and amount of alimony or maintenance under subsections (5)-(8), the court shall consider all relevant factors, including, but not limited to: