Alimony Statute in Tampa, FL

Who creates and modifies the alimony statute?

The Florida legislature creates all statutes including the alimony statute. Judge’s interpret and apply the legislature’s statute to award alimony in Florida divorce actions. This applies to initial alimony awards as well as to later modifications of alimony. The Florida alimony statute is section 61.08. In addition to this statute, there is also a large body of Florida case law (prior alimony court decisions) that helps courts interpret and apply the statute.

WHAT HAPPENED TO THOSE EFFORTS TO MODIFY THE ALIMONY STATUTE?

In 2015 and several times thereafter the Florida legislature and governor have unsuccessfully attempted to pass a major rewrite of the alimony statute. Most proposals would have limited the application of alimony. But, enough said for now since no significant rewrite has yet passed nor has one recently been close to passing.

Why does our firm closely follow the alimony statute?

Keeping up with legislative changes in family law helps us to serve our clients better. Just knowing what the law is right now is no longer enough because divorce cases can take time to move through the litigation process. The law at filing may not be the same as the law at trial. Even if a case does not go to trial, knowing what the law is and what the law could be can have a SIGNIFICANT impact on settlement negotiations.