In an article published on January 21 in the Daily Business Review, Family Law Attorney Rebecca L. Palmer sheds light on how Florida’s alimony reform is likely to spark a new wave of litigation around “normal retirement age” and retirement-based modification petitions. While permanent alimony is no longer an option, retirement will not end judicial scrutiny, especially when a retirement is challenged as voluntary underemployment.

“In 2025, an estimated 11,400 Americans turned 65 each day, setting a record: 4.18 million people reached traditional retirement age in a single year,” notes Palmer. “Retirement is an individual’s conscious decision to leave the workforce, even when they are physically and mentally able to work. In divorce cases, this distinction is critical because courts generally expect both parties to contribute to their own and their children’s support, based on earning capacity rather than actual income.”

Courts are expected to evaluate whether retirement is undertaken in good faith, assessing many factors such as age, profession, and timing. Post-retirement income streams, including deferred compensation and investments, also play a critical role in analysis as they may affect whether a payor truly has a reduced ability to pay.

“Retirement planning and alimony strategy can no longer be treated as separate conversations. SB 1416 did not end alimony litigation in Florida; it reshaped it, shifting the battleground from permanence to purpose and from entitlement to intent,” said Palmer.

Read the story in full; click here (subscriber-based).