Posted by Nydia Streets of Streets Law in Florida Alimony
In yet another case which tests the meaning of statutory changes from 2023 which abolish permanent alimony in Florida, the Fifth District Court of Appeals has weighed in, certifying conflict with the Second District.
In this divorce case, alimony was ordered, and the former husband appealed. The appeal resulted in a remand for the trial court to re-determine the former husband’s ability to pay. Once the trial court entered a new order on the issue, the former husband again appealed. This time he argued that the case was still pending after the date the alimony statute changed, so the new alimony statute should apply to this case since the state states it applies to initial petitions pending on or after July 1, 2023.
The appellate court declined to adopt the former husband’s view, holding “Here, the amended section 61.08 clearly and unambiguously states that it only applies to ‘initial petitions pending or filed on or after July 1, 2023.’ The legislature could have made the amended section applicable to any aspect or issue of alimony pending on or after July 1, 2023, but it did not. It could have also chosen to say that the new law applied to all actions pending or filed on or after July 1, 2023, but it did not. Thus, Former Husband’s argument fails. With all due respect, we believe that the Second District answered the wrong question when deciding whether the old or amended version applied in Woodward and Morgan. In those cases, the Second District incorrectly focused on whether the dissolution action remained pending following an appeal and remand, rather than whether the initial petition remained pending. In our view, the initial petition for dissolution was no longer pending in either Woodward or Morgan, as final judgments had been entered in both cases and neither was remanded for a trial de novo.”
Nothing in this article is legal advice. Schedule a consultation with a Miami family law attorney for advice about your case.