Alimony Reform & Family Law Differences: Florida vs. New York

Key shifts in Florida’s alimony framework vs. NY standards—and how relocating couples should plan

Thinking about moving from New York to Florida during (or after) a separation? The rules for support and parenting look very different in each state. Florida overhauled alimony in 2023, while New York continues to use guideline formulas and advisory duration ranges. Here’s the plain-English comparison—with practical next steps.

The Big Picture (Quick Take)

• Florida (since July 1, 2023): Permanent alimony is gone. Courts award durational, rehabilitative, bridge-the-gap, or temporary support, with caps tied to marriage length, clearer modification rules (including retirement), and the ability to consider adultery’s economic impact. The Florida Senate+1

• New York: Courts calculate amount using statutory formulas and set duration with an advisory schedule based on the length of marriage (e.g., 15–30% of the marriage for 0–15 years; 30–40% for 16–20; 35–50% for 20+), while weighing multiple factors to adjust. FindLaw Codes+2New York State Unified Court System+2

Florida: What Changed—and Why It Matters

1) No more permanent alimony.
SB 1416 eliminated permanent alimony and tightened what courts can award and for how long. Durational alimony now follows statutory limits keyed to marriage length. The Florida Senate+1

2) Retirement is a real modification trigger.
Courts may reduce or terminate support when the payor reaches normal retirement age, with required findings. That gives clearer planning horizons than before. The Florida Senate

3) Economic impact of adultery can count.
Judges may consider adultery only for its financial consequences (e.g., dissipation of marital funds), not as moral fault. The Florida Senate+2Law Office of Gale H. Moore, P.A.+2

4) Faster parenting plan changes & equal time-sharing presumption.
Florida now has a rebuttable presumption of equal time-sharing (50/50) unless evidence shows otherwise—important for relocation and weekly schedules. Online Sunshine+2The Lasky Law Firm+2

New York: How Maintenance Is Set

1) Amount = formula first, factors second.
NY uses statutory maintenance formulas to set a starting number for temporary and post-divorce maintenance, then lets courts deviate using listed factors. New York State Senate

2) Duration = advisory schedule.
Judges look to an advisory schedule tied to the marriage length (e.g., 15–30%, 30–40%, 35–50% bands) to choose duration, again with discretion to adjust. New York State Unified Court System+2New York State Unified Court System+2

3) Practical note.
NY doesn’t label awards “permanent.” Very long marriages can still see lengthy awards, but duration remains advisory + discretionary, not lifetime by default. FindLaw Codes

Planning Moves: 6 Smart Steps for NY → FL (or FL → NY)

1. Map your likely outcome in each state.
   Have counsel model amount + duration under each regime before you relocate or file. (A move won’t “erase” existing orders.)

2. Time the filing strategically.
   Florida’s new rules apply to final judgments on/after July 1, 2023; New York uses its formulas/advisories today. Filing locale and timing can materially change the result. The Florida Senate

3. Retirement horizon? Plan now.
   If you’re near retirement, Florida’s modification path can be a major factor in where/when you seek judgment. The Florida Senate

4. Document finances—especially dissipation.
   If adultery caused economic loss, assemble proofs (statements, transfers, invoices). Florida courts can weigh that impact. The Florida Senate

5. Parenting schedules:
   Florida’s equal time-sharing presumption changes negotiation leverage; New York relies on best-interests without a 50/50 presumption. Align your work hours, school choice, and proximity with the likely standard. Online Sunshine

6. Expect cross-state enforcement.
   Existing orders travel. Relocation affects modification standards and future disputes, not the enforceability of what’s already entered.

Bottom Line

• Florida’s 2023 reform emphasizes defined durations, modification clarity, and financial-impact-only fault, plus a stronger 50/50 time-sharing presumption.

• New York emphasizes formulas and advisory duration ranges with broad judicial discretion.

• For relocating couples, venue, timing, retirement, and parenting logistics can shift outcomes more than you think.

Want a private, side-by-side projection (Florida vs. New York) with likely ranges for amount, duration, retirement modification, and parenting frameworks? I’ll connect you with family-law counsel in both states and build a relocation plan that accounts for housing, taxes, schools, and true monthly costs.

Fernanda Stucken — Tampa Bay Realtor
📧 contact@fernandastucken.com | 📞 (347) 216-6620

This article is educational, not legal advice. Always consult a licensed family-law attorney in your state(s).