Can I Still Get Permanent Alimony in Florida?

In 2023, the Florida legislature passed a law that did away with permanent alimony and made it easier for the payers of alimony to get out of paying when they reached retirement age. Nonetheless, there was a 2025 case where a former husband was improperly awarded permanent alimony by the trial courts. In Woodward v. Woodward, No. 2D2023-0529 (Fla. 2d DCA Jan. 22, 2025), the trial court actually awarded the husband permanent alimony to be paid by his wife on a monthly basis. In this case, the wife appealed the decision. In the following article, we’ll discuss the case and how it was resolved based on the State of Florida’s alimony rules.

Background of the case

Husband and wife were involved in dissolution of marriage proceedings. The trial court’s final judgment awarded the former husband permanent alimony, despite the 2023 amendment to Florida’s alimony statute (Fla. Stat. § 61.08) that eliminated permanent alimony. The wife appealed the decision, arguing that:

• The trial court misapplied the law by awarding the husband permanent alimony
• The trial court failed to properly evaluate the recipient’s need and the payer’s ability to pay
• The trial court erred in how it treated inherited property in its distribution and alimony analysis

The issue then became: Did the trial court err in awarding permanent alimony to the former husband after the 2023 statutory amendments, and whether the award was supported by proper findings on need, ability to pay, and the treatment of nonmarital assets.

The appeal

In this case, the Second District Court of Appeal reversed the permanent alimony award and remanded the case for reconsideration consistent with Florida’s revised statute doing away with permanent alimony.

The court emphasized that Florida’s 2023 alimony reform eliminated permanent alimony (§ 61.08, Fla. Stat.). Hence, the trial court lacked the authority to award it in this case.

Further, the trial court erred when calculating the alimony payments. The trial record did not contain sufficient findings regarding the husband’s actual need and the wife’s ability to pay, which are both mandatory considerations.

In addition, the trial court improperly relied on the wife’s inheritance when calculating her alimony payments. Florida law generally treats inherited property as individual property as opposed to marital property.

Thus, the permanent alimony award was reversed, and the case was remanded back to the trial court for further proceedings. The trial court was required to:

• Apply the most current version of § 61.08
• Consider available forms of alimony (e.g., durational, rehabilitative, bridge the gap)
• Make specific findings regarding the husband’s need and the wife’s ability to pay

Ultimately, courts no longer have the discretion to award a spouse permanent alimony.

Talk to a St. Petersburg, FL, Divorce Lawyer Today 

The Law Office of Kevin F. Coleman represents the interests of St. Petersburg residents during their divorce proceedings. Call our St. Petersburg family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

law.justia.com/cases/florida/second-district-court-of-appeal/2025/2d2023-0529.html