Florida's appellate courts are now openly divided on one of the most consequential questions in state family law: does the 2023 alimony reform — which eliminated permanent alimony entirely — apply to divorce cases that were already on appeal when the law took effect on July 1, 2023? The Fifth District Court of Appeal answered no in Secrist v. Secrist (5D2023-3384), directly contradicting the Second District's rulings in Woodward v. Woodward and Morgan v. Morgan, and certified the conflict for Florida Supreme Court review.
Key Facts
| Detail | Summary |
|---|---|
| What happened | Florida's Fifth DCA ruled the 2023 alimony reform does not apply retroactively to cases on appeal, certifying conflict with the Second DCA's opposite conclusion |
| When | Secrist v. Secrist decided September 22, 2025; Woodward v. Woodward decided January 22, 2025 |
| Key statute | Fla. Stat. § 61.08(11) — applies reform to "initial petitions pending or filed on or after July 1, 2023" |
| Reform law | SB 1416 (CS/SB 1416), signed by Governor DeSantis, effective July 1, 2023 |
| Who is affected | Every Florida divorce case where permanent alimony was awarded before July 1, 2023, and the case was still in the appellate pipeline on that date |
| Likely next step | Florida Supreme Court review under Art. V, § 3(b)(4) of the Florida Constitution (discretionary jurisdiction over certified DCA conflicts) |
Two Districts, Two Opposite Answers
The Second District Court of Appeal held that the 2023 alimony reform applies to cases still on appeal when the law took effect. In Woodward v. Woodward, 400 So. 3d 861 (Fla. 2d DCA 2025), decided January 22, 2025, the court reversed a permanent alimony award from a 24-year marriage. The Second District's reasoning: a dissolution action remains "pending" until all appellate rights are exhausted, so the petition was still pending on July 1, 2023, and the reformed Fla. Stat. § 61.08 applied.
The Second District doubled down on January 26, 2026, in Morgan v. Morgan (2d DCA 2026), a case that had already been reversed once in 2021 and was on its second appeal. The trial court had awarded the former husband permanent periodic alimony on remand. The Second District again applied the amended statute, stripping the permanent alimony award.
The Fifth District took a fundamentally different approach. In Secrist v. Secrist, Case No. 5D2023-3384 (Fla. 5th DCA, September 22, 2025), the court held that the statute says "initial petitions pending," not "actions pending." That distinction matters. Once a trial court enters a final judgment, the initial petition has been resolved — even if the case continues through the appellate process. The Fifth District stated directly that the Second District "answered the wrong question" by focusing on whether the dissolution action remained pending rather than whether the initial petition remained pending.
Why the Word "Petition" Changes Everything
Fla. Stat. § 61.08(11) states: "The court shall apply this section to all initial petitions for dissolution of marriage or support unconnected with dissolution of marriage pending or filed on or after July 1, 2023." The legislature chose the word "petitions," not "proceedings" or "actions." The Fifth DCA treats this as dispositive.
Under the Second District's reading, every divorce case in the appellate pipeline on July 1, 2023 — potentially thousands of cases — falls under the reformed statute. Permanent alimony awards entered before the reform could be reversed and replaced with durational alimony, which is capped at 35% of the difference between the parties' net incomes and limited to 50-75% of the marriage's duration depending on its length.
Under the Fifth District's reading, the reform only reaches cases where no final judgment had been entered by July 1, 2023. Cases with final judgments already in place — even those on appeal — remain governed by the prior version of Fla. Stat. § 61.08, which permitted permanent alimony.
The Fourth District Court of Appeal added a further wrinkle in Alfonso v. Alfonso, Case No. 4D2024-0698 (Fla. 4th DCA, May 7, 2025), involving a final judgment entered June 30, 2023 — literally one day before the reform took effect. Chief Judge Klingensmith's dissent suggests the Fourth District itself may be internally divided on the retroactivity question.
How Florida Law Handles This Going Forward
The certified conflict gives the Florida Supreme Court discretionary jurisdiction under Article V, Section 3(b)(4) of the Florida Constitution. When two DCAs reach opposite conclusions on the same legal question, the Supreme Court typically accepts review. Given that SB 1416 reshaped Fla. Stat. § 61.08 more dramatically than any alimony reform in decades — eliminating an entire category of support — resolution is widely expected.
Until the Supreme Court rules, the answer depends on geography. Litigants in the Second District (Tampa, Sarasota, Fort Myers, Lakeland) face retroactive application. Litigants in the Fifth District (Orlando, Daytona Beach, Brevard County) do not. The First, Third, and Fourth Districts have not squarely addressed the issue, creating additional uncertainty across most of the state.
For trial courts handling remands, the stakes are concrete. A judge in the Second District must apply the reformed statute and cannot award permanent alimony. A judge in the Fifth District may still consider permanent alimony under the pre-reform law. The same set of facts could produce fundamentally different outcomes depending on which courthouse the case lands in.
Practical Takeaways
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If your divorce case was finalized before July 1, 2023, and is currently on appeal or remand involving alimony, the outcome may depend entirely on which DCA has jurisdiction over your case. Ask your attorney which district applies and how that district has ruled on retroactivity.
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If you are the alimony recipient in a Second District case with a pre-reform permanent alimony award now on appeal, prepare for the possibility that the award will be reversed and replaced with durational alimony capped at 35% of the income differential under Fla. Stat. § 61.08.
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If you are the alimony payor in a Fifth District case, do not assume the Second District's approach will eventually prevail. The Fifth District's textual argument — "petitions" versus "actions" — is a strong statutory construction position.
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Watch for the Florida Supreme Court to accept jurisdiction. The certification from Secrist (September 2025) would typically be ripe for Supreme Court action within 6-12 months, meaning a decision could come by late 2026 or early 2027.
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Do not make major financial decisions — selling property, changing jobs, restructuring retirement accounts — based on assumptions about which interpretation will win. Until the Supreme Court speaks, the law is genuinely unsettled.
Frequently Asked Questions
Did Florida eliminate permanent alimony?
Yes. SB 1416, effective July 1, 2023, eliminated permanent alimony from Fla. Stat. § 61.08 entirely. Florida courts may now award only temporary, bridge-the-gap, rehabilitative, or durational alimony. Durational alimony is capped at 35% of the difference between the parties' net incomes, with duration limits tied to marriage length.
Does the 2023 alimony reform apply to my existing divorce case?
It depends on your case's procedural posture. Under Fla. Stat. § 61.08(11), the reform applies to "initial petitions pending or filed on or after July 1, 2023." If your petition had not been resolved by final judgment on that date, the reform applies. If a final judgment was entered before July 1, 2023, the answer depends on which appellate district controls your case — the Second DCA says yes, the Fifth DCA says no.
When will the Florida Supreme Court resolve the DCA split on alimony retroactivity?
The Fifth DCA certified conflict in Secrist v. Secrist on September 22, 2025. The Florida Supreme Court has discretionary jurisdiction under Article V, Section 3(b)(4) of the Florida Constitution. Based on typical timelines, the Court could accept the case by mid-2026 and issue a decision by late 2026 or early 2027, though no schedule has been confirmed.
What is durational alimony under Florida's reformed law?
Durational alimony under Fla. Stat. § 61.08 is capped at 35% of the difference between the parties' net incomes. The duration depends on marriage length: up to 50% of a short-term marriage (under 10 years), 60% of a moderate-term marriage (10-20 years), or 75% of a long-term marriage (over 20 years). It replaced permanent alimony as the longest-duration support option.
Can I modify a permanent alimony award that was entered before July 1, 2023?
The 2023 reform created new modification grounds under Fla. Stat. § 61.14 for existing permanent alimony awards, separate from the retroactivity dispute. A payor can seek modification based on the recipient's supportive relationship or the payor reaching the normal retirement age under the Social Security Administration's guidelines. These modification provisions apply regardless of which DCA interpretation prevails.
Find a Florida divorce attorney in your county through the divorce.law directory to discuss how this ruling affects your specific situation.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.