Alimony reform and the LGBTQ+ community
Does the end of permanent alimony in Florida matter for same-sex couples? It depends. Floridians may finally be saying goodbye to permanent alimony just as some same-sex couples are approaching the potential eligibility for such an award in a dissolution proceeding. The Florida House gave final approval to an alimony overhaul earlier this month, following a similar action by the Florida Senate. Considering the expressed support from both Democrats and Republicans, the collaboration of the Florida Bar’s Family Law Section, and support from practitioners throughout the state, it appears a new statutory scheme will go into effect July 1, significantly impacting future monetary obligations between divorcing spouses. It may really be the end of permanent alimony.
For many same-sex couples in Florida, the change may not be particularly impactful since it is unlikely permanent alimony would have been awarded anyway for the average same-sex couple seeking a dissolution if they were married in Florida. The 2015 Supreme Court decision in Obergefell v. Hodges brought legalized samesex marriage nationwide, which sparked numerous same-sex marriages throughout Florida. Anyone marrying that year or later would have a marriage of 7-8 years, not nearly long enough to qualify for permanent alimony in Florida absent exceptional circumstances or clear and convincing evidence that such an award is warranted. Those are very tough standards to meet.
However, after the Obergefell decision, Florida recognized same-sex marriages from jurisdictions where they were legally recognized at the time of the union. This meant a marriage in Massachusetts of a same-sex couple from 2004 was treated as a moderate-term marriage in Florida (greater than seven years but less than 17) before the LGBT community in Florida could even marry. Today, that same Massachusetts couple if still married could be celebrating their 19th anniversary, which is considered a long-term marriage, and a divorcing spouse could successfully pursue permanent alimony under the current statutory and case law standards.
Legalized same-sex marriage was a patchwork quilt throughout the globe and United States for many years before becoming nationally recognized after Obergefell. Massachusetts, Connecticut, and Vermont were early states to recognize same-sex marriage while the Netherlands, Belgium, Canada, Spain, and South Africa were the first countries to legalize them. Couples marrying near the time those jurisdictions initially recognized same-sex marriage would be entering what Florida
law classifies as a long-term marriage, meaning they are currently eligible for permanent alimony under existing law. Law that is likely going to change July 1.
Each marriage has its own unique dynamics and circumstances, and permanent alimony is not always necessary. Many long-term heterosexual marriages end without an award of permanent alimony. A significant number of them do, and it’s important for those in a same-sex marriage to fully understand the implications of alimony reform and how their marriage is currently classified under existing state law.