Posted by Nydia Streets of Streets Law in Florida Alimony
When permanent alimony was cancelled by the Florida legislature in 2023, the new statute provided that it applied to actions filed or pending on or after July 1, 2023. In a recent appellate case, a question arose as to the meaning of “pending” when the appeal of a final judgment awarding alimony was still pending after July 1, 2023. The case is Woodward v. Woodward, 2D2023-0529 (Fla. 2d DCA January 22, 2025).
The trial court awarded the former husband permanent alimony in February 2023. The former wife timely filed a notice of appeal, and her appeal of the final judgment was not decided until January 2025. The former wife specifically appealed the trial court’s calculations of need and ability to pay, consideration of the former husband's inherited property, and consideration of the former husband's adultery.
The appellate court noted "The general rule is that an action remains pending in the trial court until after a final judgment and such time as an appeal is taken or time for an appeal expires. If an appeal is taken, the action is still pending until final disposition [internal citation omitted].” Therefore the appellate court concluded “The statute as amended July 1, 2023, plainly applies to this case such that the final judgment must be reversed insofar as to require the trial court to reconsider the former husband's request for alimony in light of the legislature's elimination of permanent alimony.”
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