What the Woodward v. Woodward Decision Means for Alimony in Florida
When a long-term marriage ends, one of the most complex issues is how much (and what type of) alimony the court will order. The recent Florida appellate case of Woodward v. Woodward provides a helpful illustration of how changing law and contested facts can significantly impact alimony awards.
Background of the case
In Woodward v. Woodward, the parties were married for 24 years before filing for dissolution. A trial court awarded permanent alimony to the former husband. However, at the time of the award, Florida law had recently changed: as of July 1, 2023, the legislature eliminated the category of permanent alimony under Florida Statute § 61.08.
In this case, the former wife appealed, challenging both the legality of the permanent alimony award and the trial court’s findings on need and ability to pay.
The appeal
The appellate court held that because the case was still pending when the law changed (the appeal had not been finally resolved), the new statute applied. That meant that the trial court lacked the authority to award permanent alimony under the new laws.
In addition, the court found the trial court made errors with respect to the alimony calculation:
- It failed to make sufficient findings about the former husband’s actual need.
- It erred in evaluating the former wife’s ability to pay, relying on gross income instead of net income.
- It did not properly consider assets such as the husband’s inheritance and whether he was in a supportive relationship. Both are factors relevant to alimony.
As a result, the award of permanent alimony was reversed, and the case was remanded for the trial court to re-evaluate.
Key takeaways from the case
If you’re going through a divorce in Florida (especially when alimony is contested) the Woodward case underscores several practical lessons:
- Statutory changes matter – If the law changes while your case is pending, the timing of your filing, judgment, and appeal may significantly impact your rights. The new alimony statute in Florida removed permanent alimony. So, awards made after July 1, 2023, must comply with the new law.
- Need + ability = critical findings – To justify an alimony award, the court must determine both the spouse’s need and the other spouse’s ability to pay.
- Assets and relationships count – In calculating alimony, courts must consider inherited or separate property, as well as whether a party is in a “supportive relationship” that may reduce need.
- Permanent alimony is no longer available – The courts are no longer allowed to award permanent alimony to a spouse.
- You need proper legal representation – An experienced family law attorney can ensure your case is structured to address all the statutory requirements for 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. Call our St. Petersburg alimony lawyers today to schedule an appointment, and we can begin discussing your next moves right away.
Source:
law.justia.com/cases/florida/second-district-court-of-appeal/2025/2d2023-0529.html
