HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 1409 Dissolution of Marriage
SPONSOR(S): Civil Justice Subcommittee, Temple and others
TIED BILLS: IDEN./SIM. BILLS: SB 1416
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice Subcommittee 14 Y, 1 N, As CS Mathews Jones
2) Judiciary Committee 23 Y, 0 N Mathews Kramer
SUMMARY ANALYSIS
Chapter 61, F.S., governs domestic relations, including actions for dissolution of marriage (DOM), child
custody, child support, and alimony. Alimony is a court-ordered payment from one spouse to another, most
commonly awarded for support or maintenance during a pending action for DOM and after a DOM is final.
Florida currently recognizes five main types of alimony: temporary, bridge-the-gap, rehabilitative, durational,
and permanent. In determining the type, amount, duration, and later modification or termination of an alimony
award, the court has broad discretion but may only award alimony after initially determining that one spouse
needs alimony and the other spouse is able to pay alimony. An alimony award may be modified or terminated
when the circumstances or financial ability of either party changes, including changes due to a receiving
spouse’s supportive relationship or a paying spouse’s retirement.
Section 61.13, F.S., provides guidelines to assist courts in determining matters related to parenting and time-
sharing of minor children in actions under ch. 61, F.S., in accordance with the best interests of the child while
balancing the rights of parents.
In every case for modifying a parenting plan, including a time-sharing schedule, the best interest of the child at
issue should be the primary consideration. Pursuant to s. 61.13(2)(c), F.S., a court may only modify a
parenting plan and time-sharing schedule after a substantial, material, and unanticipated change in
circumstances has been established.
CS/HB 1409 amends s. 61.08, F.S., to prohibit the award of permanent alimony. As such, the types of alimony
that a court may award include temporary, bridge-the-gap, rehabilitative, and durational alimony. The bill
increases the current presumptions relating to the length of a marriage and clarifies which types of alimony are
available depending on the length of the marriage in question. The bill also amends s. 61.14, F.S., to refine the
process by which an award of alimony, support, or maintenance may be reduced or terminated.
The bill amends s. 61.13, F.S., to remove the requirement that the alleged substantial and material change in
circumstances which warrants modification must also be unanticipated. The bill also clarifies that a parent’s
relocation to be closer to his or her child, under certain circumstances, is a substantial and material change in
circumstances for the purpose of modifying the time-sharing schedule and parenting plan.
The changes made by the bill are only applicable to initial petitions for dissolution of marriage or petitions for
support unconnected to dissolution of marriage filed or pending as of July 1, 2023. The bill is not likely to have
a fiscal impact on state or local government, but may have a fiscal impact on the private sector and spouses
who rely on alimony payments.
The effective date of the bill is July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 4/11/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Chapter 61, F.S., governs domestic relations actions including actions for dissolution of marriage
(DOM), alimony, parental rights, timesharing, and child support.
While alimony is created and guided by statute, it is also governed by case law. The leading alimony
case, Canakaris v. Canakaris,1 sets forth many of the general concepts of alimony but confirms that the
ultimate decision in awarding alimony should be within the court’s discretion.2
However, the Florida Supreme Court has also explained that:
[t]he discretionary power that is exercised by a trial judge is not, however, without
limitation…The trial court's discretionary power is subject only to the test of
reasonableness…Judges dealing with cases essentially alike should reach the same
result. Different results reached from substantially the same facts comport with neither
logic nor reasonableness.3
In the 42 years since Canakaris was decided, the Legislature has provided greater statutory guidance
by codifying many alimony concepts in case law; and case law has continued to narrow the exercise of
judicial discretion. Despite these changes, disagreement exists regarding the court’s exercise of broad
discretion in determining alimony awards.4
Alimony Generally
Background
Alimony, also known as spousal support or spousal maintenance, is a court-ordered payment from one
spouse to another at any time before, during, and after DOM. Alimony is most commonly awarded for
support or maintenance during a pending action for DOM and after a DOM is final, but it may also be
awarded without an accompanying DOM action.5 A person who receives payment pursuant to an order
establishing, enforcing, or modifying an alimony obligation is called an obligee, 6 and a person
responsible for making payments pursuant to an order is called an obligor.7
The court may award alimony only after determining that one spouse actually needs alimony and the
other spouse is able to pay alimony.8 When determining the appropriateness of a particular alimony
award, there is a rebuttable presumption that a:
Short-term marriage lasts less than 7 years;
Moderate-term marriage lasts more than 7 years but less than 17 years; and
Long-term marriage lasts 17 years or more.9
1 Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980).
2 Id. at 1200-02 ("In considering the appropriate criteria for the award of the different types of alimony, it is important that
appellate courts avoid establishing inflexible rules that make the achievement of equity between the parties difficult, if no t
impossible . . . Dissolution proceedings present a trial judge with the difficult problem of apportioning assets a cq u ire d b y th e
parties and providing necessary support. The judge possesses broad discretionary authority to do equity between the p a rti e s
and has available various remedies to accomplish this purpose . . . As considered by the trial court, these remedies are
interrelated; to the extent of their eventual use, the remedies are part of one overall scheme").
3 Id. at 1203.
4 See Bacon v. Bacon, 819 So. 2d 950, 954 (Fla. 4th DCA 2002) (Farmer, J., concurring) (opining that broad discretion in alimony
awards is no longer justifiable and should be discarded in favor of guidelines; proposing that 35 percent of obligor’s income is a
reasonable range).
5 S. 61.09, F.S.
6 S. 61.046(12), F.S.
7 S. 61.046(13), F.S.
8 S. 61.08(2), F.S.
9 S. 61.08(4), F.S.
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In determining the appropriate amount of alimony, the court’s award may not leave an obligor with
significantly less net income than the obligee, absent exceptional circumstances. 10 The court may order
an obligor to pay alimony in periodic payments, lump sum payments, or a combination of the two. 11 The
court may also require an obligor to maintain life insurance or a bond, or to otherwise secure an
alimony award, to safeguard an obligee’s support in the event the obligor dies unexpectedly or
untimely.
Types of Alimony
Florida recognizes five main types of alimony:12 temporary, bridge-the-gap, rehabilitative, durational,
and permanent.
Temporary Alimony
Temporary alimony may be awarded to either spouse while a DOM action is pending. 13 The standard
for awarding temporary alimony is the same as when a trial court considers a request for permanent
alimony which includes substantial evidence of each party’s need and ability to pay. 14 Temporary
alimony may be awarded regardless of the duration of the marriage.15 Temporary alimony may be paid
by reimbursement or prepayment.16
Bridge-The-Gap Alimony
Bridge-the-gap alimony is awarded to “assist a spouse with any legitimate, identifiable, short-term
need” while a spouse is transitioning from married life to single life.17 An award of bridge-the-gap
alimony must be based upon competent, substantial evidence of the obligee’s legitimate, identifiable
short-term needs and may not exceed two years in duration. 18 Bridge-the-gap alimony may be paid to
the obligee and may be tailored for specific expenses and needs.
Rehabilitative Alimony
An award of rehabilitative alimony must include the obligee’s rehabilitative plan. 19 There is no
statutorily-defined maximum duration of an award of rehabilitative alimony; however, the length of time
for the award must be identified in the order and must specify when such award may be modified or
terminated.20 Generally, rehabilitative alimony is used for a spouse to cover the costs of obtaining the
skills or education necessary to support himself or herself.21 However, a spouse who was self-sufficient
at the time of DOM may still be eligible for rehabilitative alimony to pursue training or education to allow
him or her greater earning potential in his or her chosen career. 22
Durational Alimony
10 S. 61.08(9), F.S.
11 For lump sum alimony to be awarded, there must be a showing of need and ability to pay as well as unusual circumstances which
require non-modifiable support and justification that does not substantially endanger the payor’s economic status. Rosario v. Rosario,
945 So. 2d 629, 632 (Fla. 4th DCA 2006).
12 Alimony may also be awarded to a spouse in an action for support unrelated to a DOM action. If a spouse has the ability to contribute
to the maintenance and support of his or her spouse and minor children but fails to do so, the spouse in need may apply to th e court for
alimony and child support without seeking a DOM. S. 61.09, F.S
13 S. 61.071, F.S.
14
De Gutierrez v. Guttierrez , 19 So. 3d 1110 (Fla. 2d DCA 2009); Fonderson v. Lairp, 98 So. 3d 715 (Fla. 2d DCA 2012); Driscoll v.
Driscoll, 915 So. 2d 771, 773 (Fla 2d DCA 2005).
15 Littlejohn v. Littlejohn, 495 So. 2d 271, 272 (Fla. 2d DCA 1986).
16 S. 61.08(5), F.S. is silent as to the manner of payment for a bridge -the-gap alimony award. See Horowitz v. Horowitz , 273 So. 3d 263
(Fla. 2d DCA 2019).
17 Borchard v. Borchard, 730 So. 2d 748, 753 (Fla. 2d DCA 1999); see also Landow v. Landow, 824 So. 2d 278, 279 n. 1 (Fla. 4th DCA
2002) (noting that bridge-the-gap alimony may be appropriate to “cushion the blow” for the recipient spouse adjusting to single life and
living on his or her own).
18 S. 61.08(5), F.S.
19 S. 61.08(6), F.S.
20 Id. See also Draulans v. Draulans, 69 So. 3d 401 (Fla. 2d DCA 2011).
21 Frye v. Frye, 385 So. 2d 1383 (Fla. 2d DCA 1980).
22 Short v. Short, 747 So. 2d 411 (Fla. 5th DCA 1999).
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Durational alimony was codified by the legislature in 2010. 23 Durational alimony may be awarded
following a short-term marriage or moderate-term marriage.24 Durational alimony may also be
appropriate following a long-term marriage if the court determines there is not a need for ongoing
support on a permanent basis.25 The length of an award of durational alimony may not exceed the
length of the marriage.26 Unlike other forms of alimony, the length of the award of durational alimony is
not modifiable once it has been ordered; however, the amount is modifiable based upon a substantial
change in circumstances.
Permanent Alimony
Permanent alimony may only be awarded when no other form of alimony is appropriate or reasonable.
The court’s order must include an express finding that no other form of alimony is fair and reasonable
under the circumstances of the parties.27 Final judgments that do not include such specific findings are
subject to reversal.28 Permanent alimony is based upon maintaining the needs and necessities of life
for a former spouse as he or she was accustomed to and was established during the marriage. 29
However, such award may not leave the obligor with significantly less net income than the net income
of the obligee.30
Each type of alimony has a defined purpose, duration, and requirement for modification or termination,
as illustrated below:
23 Ch. 2010-99, Laws of Fla.
24 S. 61.08(7), F.S.
25 Id.
26 Id.
27 S. 61.08(8), F.S.
28 Julia v. Julia, 263 So. 3d 795 (Fla. 2d DCA 2019).
29 Jordan v. Jordan, 199 So. 3d 343 (Fla. 4th DCA 2016).
30 S. 61.08(9), F.S.
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Automatic
Type Purpose Duration Modification/ Termination
Termination
Temporary A reasonable sum awarded after Only during the Good cause. Final Judgment
(Pendente-Lite) initiation of DOM proceedings for pending DOM in DOM action
S. 61.071, F.S. support during the pending litigation. litigation. (including
appeals).
Bridge-the- To provide transitional assistance to a May not exceed 2 Not modifiable in amount or Remarriage of
Gap31 party who must adjust their life from years. duration. recipient or
S. 61.08(5), F.S. married to single. death of either
party.
Rehabilitative To assist in establishing the capacity for Requires a Substantial change in Death of either
S. 61.08(6)(a), self-support through: specific, defined circumstances; non- party.
F.S. Redevelopment of previous skills or rehabilitative plan; compliance with rehabilitation
credentials; or duration varies plan; or completion of
Education, training, or work depending on rehabilitation plan.
experience to develop appropriate circumstances.
employment skills or credentials.32
Durational Awarded when permanent alimony is May not exceed Amount: Substantial change Remarriage or
S. 61.08(7), F.S. not appropriate to assist with economic the duration of the in circumstances. recipient or
assistance for a set period of time marriage; duration Duration: Exceptional death of either
following a marriage of short or varies. circumstances. party.
moderate duration. 33
Permanent To provide for needs and necessities of Perpetual (unless Substantial change in Remarriage of
S. 61.08(8), F.S. life as established during marriage for a modified or circumstances, including the recipient or
party lacking financial ability to meet terminated) existence of a recipient’s death of either
such needs on his/her own following a: supportive relationship.36 party.
Long duration marriage;
Moderate duration marriage, if
appropriate considering
enumerated factors;34 or
Short duration marriage, in
exceptional circumstances.35
Effect of Proposed Changes
Length of the Marriage
For the purposes of determining alimony, CS/HB 1409 changes the current presumptions relating to the
duration of a marriage. CS/HB 1409 specifies that a:
Short-term marriage is a marriage of less than 10 years (previously less than 7).
Moderate-term marriage is a marriage of 10 years or more but less than 20 years (previously 7-
17 years).
Long-term marriage is a marriage of 20 years or more (previously 17 or more).
Types of Alimony
The bill eliminates the ability to award permanent alimony. As such, the available forms of alimony
under the bill include temporary, bridge-the-gap, rehabilitative, or durational alimony, or a combination
thereof. T