Do Florida’s 2023 Alimony Changes Apply Retroactively?

On July 1, 2023, a new alimony law took effect in Florida. Among other things, the 2023 law abolished awards of permanent alimony and limited durational alimony in short-term marriages to 50 percent of the length of the marriage. In other words, if a marriage lasted 4 years, a Florida judge can now award durational alimony for a period of no more than 2 years.

Sixth District: Divorce “Pending” Until Final Written Judgment

So, what happened to divorce cases that were actually pending in court on July 1, 2023? More than two years later, Florida’s appellate courts continue to deal with that question. In fact, the Florida Fifth District Court of Appeal recently addressed just such a situation.

In Secrist v. Secrist, a husband filed for divorce in 2017 after six years of marriage. The case was not tried until late 2022. The day before the new Florida alimony law took effect, the trial court informed the parties orally of its intended ruling in the case. As relevant here, the judge awarded the former wife six years of durational alimony, the same length of time as the marriage itself. A final written judgment was issued in September 2023.

The former husband argued that since the judge failed to make a written judgment before July 1, 2023, the case was still “pending” and, therefore, the new alimony law should apply. The trial court disagreed and upheld its earlier decision. This prompted the former husband’s appeal to the Sixth District.

The appellate court agreed with the former husband. The Sixth District noted that it was the fourth Florida appellate court to confront this question in 2025. Earlier this year, the Second District held that for purposes of applying the 2023 alimony law, a divorce case remained pending “until after final judgment is entered and the time for appeal expires or, if an appeal is taken, final appellate disposition is rendered.” The First and Fourth District courts took a slightly more restricted view that a case remained pending “until the trial court renders final judgment.”

The Sixth District decided to follow the First and Fourth District’s position. This meant that the parties’ divorce in this case remained pending until the trial judge issued a final written judgment, which took place in September 2023, i.e., after the new law took effect on July 1, 2023. As such, the trial court could not award more than three years of durational alimony based on the parties’ six-year marriage.

The former wife argued the Sixth District should still apply the pre-2023 law because the Florida legislature cannot retroactively “impair her vested right to alimony.” The appellate court rejected that interpretation. It held that any right to alimony vested when the trial court issued its final judgment, which again occurred here in September 2023.

Contact a Miami Alimony Lawyer Today

Changes in the law can affect your divorce even as your case is still before the judge. It is therefore crucial to work with a Miami alimony lawyer who can ensure you are kept current on the state of the law. Contact Hamilton O’Neill today at 305-371-3788 to schedule a consultation with a member of our team.

Source:

scholar.google.com/scholar_case?case=2443612482745764140