5.3 Alimony Reform, Child Custody, and Relocation

Florida family law has undergone significant statutory transformations in recent years. Most notably, Senate Bill 1416, which became effective on July 1, 2023, completely reformed the state's alimony system by abolishing permanent alimony and setting clear guidelines and caps for durational and rehabilitative alimony. In addition, Florida's approach to child custody—formally termed parental responsibility and time-sharing—along with the rules governing parental relocation, represent critical areas of Florida domestic relations practice.

The 2023 Alimony Reform (SB 1416)

The threshold for any Florida alimony award is whether one party has an actual need and the other has the ability to pay. The court then determines the type, amount, and duration of the award.

The most revolutionary change of SB 1416 is the complete abolition of permanent periodic alimony. Courts can no longer award open-ended alimony that continues until the death of a party or the remarriage of the recipient. The remaining statutory types of alimony are:

1. Temporary Alimony (Pendente Lite): Awarded during the pendency of the divorce proceedings to maintain the status quo. It cannot be waived in a prenuptial agreement.
2. Bridge-the-Gap Alimony: Assists a party with short-term, transitional needs adjusting to single life. It cannot exceed two years, is non-modifiable in amount and duration, and terminates upon either party's death or the recipient's remarriage.
3. Rehabilitative Alimony: Assists a party in obtaining education, training, or work experience to become self-supporting. It requires a specific, written rehabilitative plan and is strictly capped at five years. It is modifiable or terminable upon material change in circumstances, noncompliance, or plan completion.
4. Durational Alimony: Paid for a set period when other forms are inappropriate. It cannot be awarded in marriages under three years.

Durational Alimony Limits and Caps

SB 1416 establishes strict caps on the duration of durational alimony based on the length of the marriage:

• Short-Term Marriage (less than 10 years): Alimony duration cannot exceed 50% of the length of the marriage.
• Moderate-Term Marriage (10 to 20 years): Alimony duration cannot exceed 60% of the length of the marriage.
• Long-Term Marriage (20 years or more): Alimony duration cannot exceed 75% of the length of the marriage.

Additionally, the amount of durational alimony is capped at the recipient's reasonable need or 35% of the difference between the parties' net monthly incomes, whichever is less.

Finally, the paying spouse's obligation to pay alimony can be reduced or terminated if the paying spouse proves that the recipient is cohabitating and engaged in a "supportive relationship" with another person, characterized by economic interdependence or joint financial support.

Parental Responsibility and Time-Sharing

Florida has abolished the terms "custody" and "visitation" in favor of "parental responsibility" and "time-sharing." All decisions regarding children are guided by the paramount standard of the best interests of the child (Section 61.13, Florida Statutes).

Parental Responsibility

Florida law strongly presumes shared parental responsibility is in the child's best interest. This requires parents to jointly decide major issues like education, healthcare, and religion. The court awards sole parental responsibility (giving one parent unilateral decision-making authority) only if shared responsibility is proven detrimental to the child (e.g., due to abuse or domestic violence).

Time-Sharing Presumption

Florida law establishes a rebuttable presumption that equal (50/50) time-sharing is in the child's best interest. To overcome this, a parent must prove by a preponderance of the evidence that equal time-sharing is not in the child's best interests, based on statutory factors in Section 61.13, such as:

• Each parent's capacity to facilitate a close parent-child relationship.
• Parenting task division and geographic viability of the schedule.
• Parents' mental and physical health.
• The child's preference, if of sufficient age and maturity.

All family law cases involving minor children must include a Parenting Plan, which is a detailed document outlining daily tasks, a specific time-sharing calendar, and communication methods.

The Relocation Rule

Under Section 61.13001, Florida Statutes, "relocation" is defined as a change in the principal residence of a parent of at least 50 miles from their residence at the time of the last order or filing. The relocation must be for at least 60 consecutive days, excluding temporary travel for vacation or education.

Unilateral relocation is prohibited. It must be accomplished via:

1. Agreement: A written, signed agreement consenting to relocation, defining the new time-sharing schedule and transportation, filed for court approval.
2. Petition: If a parent objects, the relocating parent must file a Petition to Relocate specifying the move date, new address, reasons (such as a written job offer), and a proposed time-sharing schedule.

Burden of Proof

The non-relocating parent has 20 days to file an objection. If an objection is filed, the court must hold a hearing. At the hearing:

• The relocating parent has the burden to prove by a preponderance of the evidence that relocation is in the child's best interest.
• If met, the burden shifts to the objecting parent to show by a preponderance of the evidence that relocation is not in the child's best interest.

Relocating without obtaining agreement or court approval constitutes contempt, can be a ground to modify time-sharing in favor of the other parent, and can result in an order requiring the immediate return of the child.