Florida family law has changed more in the past two years than it had in the previous two decades. The passage of HB 1409 in 2023 rewrote the rules on alimony, shifted the presumption in custody cases toward equal time-sharing, and sent ripple effects through courts across the state. For families in Sarasota, those changes are playing out against a local backdrop that makes them particularly significant: a growing population of high-net-worth residents, a substantial retiree community, and a legal environment that increasingly favors negotiated resolution over courtroom battles.
Understanding where family law stands right now matters whether you’re approaching a divorce for the first time, revisiting a court order that no longer fits your life, or simply trying to make informed decisions before a situation escalates. Attorney Phil Schipani, board-certified in marital law and a Fellow of the American Academy of Matrimonial Lawyers, a distinction held by only a small number of Florida attorneys, works closely with clients to help them understand not just the law, but how it applies to their specific circumstances here in Sarasota.
How HB 1409 Changed Alimony in Florida
Signed into law by Governor Ron DeSantis and effective July 1, 2023, HB 1409 is the most significant overhaul of Florida family law in a generation. The law eliminated permanent alimony entirely. Courts in Florida can no longer award alimony that continues indefinitely. Instead, durational alimony is now the standard, and its maximum length is tied directly to how long the marriage lasted.
Under Florida Statute 61.08, short-term marriages (under 10 years) are capped at 50% of the marriage’s duration. Moderate-term marriages (at least 10 years but less than 20) are capped at 60%. Long-term marriages of 20 years or more can yield alimony lasting up to 75% of the marriage’s length. The law also makes it easier for a paying spouse to seek modification or termination of alimony when they reach full retirement age as defined by Social Security, a provision especially relevant in Sarasota, where many clients are approaching or already in their retirement years.
These changes don’t affect cases filed before July 1, 2023, but for anyone beginning the divorce process now, they define the landscape entirely. Alimony negotiations have shifted substantially, and parties who approach these discussions without understanding the new framework can find themselves at a real disadvantage.
The 50/50 Time-Sharing Presumption & What It Means
HB 1409 didn’t just reshape alimony. It also established a rebuttable presumption in Florida law that equal time-sharing between parents (a 50/50 parenting schedule) is in the best interests of the child. That’s a meaningful shift. Under the previous framework, equal time-sharing was one option among several. Now it’s the starting point, and the party opposing it bears the burden of proving why it isn’t appropriate.
In Sarasota, this matters in particular ways. The area has a significant population of families navigating relocation requests, seasonal living arrangements, and situations where one parent travels extensively for work. Rebutting the 50/50 presumption in these circumstances requires specific, well-documented evidence that a different arrangement better serves the child’s needs.
Parenting plans have become more detailed as a result. Courts expect careful documentation of each parent’s involvement in the child’s daily life, school responsibilities, medical care, and extracurricular activities. A parenting plan that was adequate under the prior framework may need revisiting under the new one.
The Rise of Mediation & Collaborative Divorce
One of the clearest trends across Florida family law is the move toward mediation and collaborative divorce. Part of this is practical: courts across the Twelfth Judicial Circuit, which serves Sarasota, Manatee, and DeSoto counties, face significant caseloads, and mediated settlements reduce the time and cost of litigation. But part of it reflects a genuine shift in how families want to approach these decisions.
Mediation allows both parties to have a real voice in the outcome rather than leaving major decisions about finances and family to a judge who hasn’t lived their lives. Collaborative divorce goes further by bringing attorneys, financial advisors, and sometimes mental health professionals together to reach a comprehensive settlement. Both approaches tend to produce outcomes that are more durable and less contentious than litigated results.
Attorney Colleen Norman is certified by the Florida Supreme Court as a Family Law Mediator, which gives our clients a distinct advantage when mediation is the right path. That certification isn’t common, and it reflects the depth our team brings to every option available to families in Sarasota.
Grey Divorce & High-Net-Worth Cases in Sarasota
Grey divorce, a term for divorce among couples over 50, is one of the fastest-growing categories of family law cases nationally. Florida’s demographics amplify this trend. Sarasota’s large retiree and pre-retirement population means these cases are a significant and growing part of the local caseload. They carry financial complexity that younger divorces often don’t: Social Security benefits, long-term care planning, pension division, and assets built over decades of marriage.
High-net-worth divorce cases in Sarasota regularly involve real estate holdings, investment portfolios, business valuations, retirement accounts, and increasingly, cryptocurrency. As digital assets have grown in value and mainstream adoption, they’ve become a more common and complicated marital asset to identify, value, and divide equitably under Florida’s equitable distribution standard.
Phil Schipani’s board certification in marital law and his status as a Fellow of the American Academy of Matrimonial Lawyers, a credential held by only a small minority of Florida attorneys, reflects preparation for exactly this level of complexity. These cases require familiarity with financial instruments, valuation methodologies, and how Florida law treats non-traditional assets in a divorce.
Post-Judgment Modifications on the Rise
The effects of HB 1409 haven’t stayed confined to new divorce filings. Across Florida, post-judgment modification filings have increased as families find that changed economic circumstances, relocation needs, and evolving parenting situations no longer fit their original orders. For some, the new alimony framework has prompted a closer look at whether existing obligations can be modified. For others, the 50/50 presumption has reshaped expectations around custody arrangements established under older law.
Florida courts require a showing of substantial change in circumstances to modify an existing order covering alimony, custody, or child support. What qualifies as substantial varies by situation and is applied through case law rather than a single bright-line rule. Sarasota families pursuing modifications benefit from working with attorneys who understand how the Twelfth Judicial Circuit approaches these petitions and what courts expect to see.
Navigating these changes requires more than familiarity with the statute. It requires knowing the local landscape and how courts in this circuit actually apply the law. At Schipani Law Group, P.A., our attorneys bring that combination of credentials and local experience to every case. If you’re trying to understand how current trends affect your situation, we can help. Call us at (941) 499-8154 to schedule a consultation.