Florida’s sweeping alimony reform continues to influence dissolution proceedings in significant and sometimes unexpected ways. One recent Florida decision demonstrates how the timing of legislative amendments can reshape the outcome of a long-term marriage’s financial resolution, even after the parties have completed a final hearing. If you or your spouse intends to end your marriage and you want clear guidance on how to protect your financial interests, you should speak with a Miami family law attorney as soon as possible.
Facts and Procedural History
Allegedly, the wife filed a petition in 2020 to dissolve the couple’s almost 20-year marriage. She sought permanent alimony. Both parties consented to a referral to a general magistrate, who conducted a hearing beginning in March 2023. The hearing concluded in late May 2023, but the magistrate did not issue any oral findings. The petition remained unresolved while the magistrate prepared a recommended order.
It is alleged that the magistrate issued a recommended order in August 2023 advising the circuit court to award permanent alimony to the wife. Before the circuit court adopted the recommendation, the husband moved to vacate the order, asserting that the 2023 amendments to section 61.08 eliminated permanent alimony in all dissolution petitions pending on July 1, 2023. The husband contended that because no final judgment had been entered before that date, the petition remained pending and the amended law applied.
Reportedly, the circuit court initially denied the motion to vacate and entered an order adopting the magistrate’s recommendation in September 2023. The court later reconsidered its prior ruling, held a hearing, and again rejected the husband’s argument. The circuit court concluded that the wife’s right to permanent alimony had vested at the time the magistrate concluded the evidentiary hearing. The court issued a final judgment adopting the March 2024 recommended order, and the husband sought review.
Permanent Alimony in Florida Divorce Cases
On appeal, the court reviewed the statutory interpretation issue de novo. The key question concerned the meaning of the word “pending” in section 61.08(11), which specifies that the 2023 amendments apply to all initial dissolution petitions pending or filed on or after July 1, 2023. The statute provides no definition of “pending,” and neither Chapter 61 nor the appellate courts had previously interpreted the term within the specific context of alimony reform.
The court determined that, under its ordinary and legal meaning, a matter is pending when it remains undecided and awaits judicial action. Because only the circuit court has constitutional authority to render a final judgment in a dissolution matter, the court examined whether the petition had been decided by July 1, 2023. It had not. The general magistrate lacked authority to enter judgment, and no recommended order existed before August 2023. Furthermore, the circuit court had outstanding issues to resolve, and judicial labor did not conclude until March 2024. As a result, the petition remained pending on the effective date of the amendment.
The court next rejected the trial court’s conclusion that the wife possessed a vested right to permanent alimony before July 1, 2023. A right becomes vested only when it is a present entitlement or a legally enforceable future entitlement. Because no final judgment awarding permanent alimony had been rendered, the wife held merely an expectation based on prior law. That expectation did not constitute a substantive vested right. The statutory amendment, therefore, applied, and permanent alimony was unavailable as a matter of law once the petition remained pending past July 1, 2023.
The court reversed the portion of the final judgment awarding permanent alimony and remanded the case for further proceedings consistent with the amended statute.
Speak with a Dedicated Miami Family Law Attorney
If you are navigating a divorce or alimony dispute in Florida, recent statutory changes may significantly affect your financial rights and obligations, and you should talk to an attorney. The dedicated Miami divorce attorneys of The Law Offices of Sandy T. Fox, P.A., represent clients throughout South Florida in complex family law matters, and we can take the steps necessary to protect your interests. Call 800-596-0579 or contact the firm online to schedule a confidential