When Florida courts dissolve a marriage, their judgments must comply with current statutes governing spousal support and equitable distribution. Changes in the law can significantly affect the types of relief a trial court may award. A recent decision from a Florida court reinforces the importance of ensuring that all alimony awards conform to the 2023 revisions to section 61.08 of the Florida Statutes, which eliminated permanent alimony as an available remedy. If you are involved in a divorce in Florida, a Miami family law attorney can help you navigate these complex statutory requirements.
History of the Case
It is reported that the defendant filed a petition for dissolution of marriage in May 2023, seeking to end a long-term marriage of thirty-seven years. The plaintiff, who was fifty-seven years old, had not been employed since 2007 and had devoted her time to raising the parties’ children and maintaining the household. The defendant, employed by the City of Riviera Beach, earned approximately $67,200 per year and was the family’s sole financial provider. In November 2023, both parties appeared pro se before a senior circuit judge for a final hearing. No court reporter was present to create a transcript of the proceedings.
Allegedly, following the hearing, the trial court entered a final judgment that dissolved the marriage and awarded the plaintiff permanent monthly alimony in the amount of $2,000. The judgment also stated that the court would retain jurisdiction to divide the defendant’s pension once sufficient information became available. The judgment included no further findings explaining the basis for the alimony award or detailing the parties’ financial circumstances.
It is alleged that during the appeal, the defendant attempted to supplement the record by submitting a statement of the evidence pursuant to Florida Rule of Appellate Procedure 9.200(b)(5). Because the presiding senior judge had passed away, however, the successor judge declined to approve the statement. Without a transcript or approved statement of the evidence, the court limited its review to errors appearing on the face of the final judgment.
Errors in the Alimony Award
The defendant challenged the alimony award on three grounds: that permanent alimony was no longer authorized under section 61.08, Florida Statutes (2023); that the trial court failed to make specific factual findings as required by the statute; and that the combination of permanent alimony and the equitable division of the pension amounted to an impermissible double recovery for the plaintiff. The court agreed that the trial court’s award of permanent alimony was contrary to law.
It is reported that section 61.08 was substantially amended in 2023 to eliminate permanent alimony and to authorize only temporary, bridge-the-gap, rehabilitative, or durational alimony. The revised statute expressly applies to all petitions for dissolution pending or filed on or after July 1, 2023. Because the defendant’s petition remained pending after that date, the trial court was bound by the amended statute and lacked authority to award permanent alimony. Furthermore, the final judgment failed to make the required written findings regarding the plaintiff’s need for alimony, the defendant’s ability to pay, and the statutory factors governing the amount and duration of support.
On review, the court explained that while factual determinations are reviewed for abuse of discretion, questions of law are subject to de novo review. The court held that the trial court’s failure to apply the amended statute constituted legal error. It also found that the lack of factual findings under section 61.08(2) and (3) independently required reversal. Even without a hearing transcript, the appellate court could determine from the face of the judgment that these statutory deficiencies existed.
The court reversed the permanent alimony award and remanded the case for a new evidentiary hearing. On remand, the trial court must consider the statutory factors governing need and ability to pay, determine the appropriate form of alimony permitted under the current statute, and make specific written findings supporting its decision. The appellate court also directed the trial court to receive competent evidence regarding the defendant’s pension and to issue findings explaining any future division of that asset.
Talk to a Dedicated Miami Divorce Attorney
If you are facing a divorce or need to modify an existing support order, legal guidance is essential. At The Law Offices of Sandy T. Fox, P.A., our experienced Miami divorce attorneys represent clients throughout South Florida in all aspects of family law, including alimony, equitable distribution, and post-judgment modification. Call us today at 800-596-0579 or contact us online to schedule a confidential consultation.