The January 22, 2025 decision from the District Court of Appeal of Florida, Second District delivered one of the most important early interpretations of Florida’s 2023 alimony reform. In Woodward v. Woodward, the Second District reversed a trial court’s award of permanent alimony and sent the case back for reconsideration under the amended version of section 61.08, Florida Statutes. The opinion answers a question that has lingered since July 1, 2023: Does the elimination of permanent alimony apply to cases that already had a final judgment but were on appeal when the statute changed?
The answer was yes. For anyone navigating divorce litigation in Hillsborough County and across Tampa Bay, the decision reshapes strategy, expectations, and outcomes. A Tampa divorce lawyer must now evaluate alimony claims through the lens of a statute that no longer allows permanent alimony and that applies to initial petitions pending on or after July 1, 2023, including those still alive on appeal.
This article breaks down the facts, the appellate court’s reasoning, and the practical takeaways for Tampa divorce cases involving alimony, income calculations, inheritances, adultery, and supportive relationships.
The Marriage and the Trial Court’s Alimony Award
Deborah A. Woodward and Russell W. Woodward were married for twenty four years. When the former husband filed his petition for dissolution in Hillsborough County, he requested permanent alimony. After a final hearing, the circuit court entered a final judgment of dissolution in February 2023 and awarded the former husband permanent alimony in the amount of $1,750 per month.
At trial, the court heard testimony about each party’s income, expenses, and living arrangements. Evidence also addressed the former husband’s adultery during the marriage. Despite that evidence, the court concluded that permanent alimony was appropriate and entered the award under the version of section 61.08 in effect at that time.
The former wife appealed. While the appeal was pending, the Florida Legislature enacted sweeping changes to the alimony statute effective July 1, 2023. Those changes included the complete elimination of permanent alimony.
Florida’s 2023 Alimony Reform and Section 61.08(11)
The centerpiece of the Woodward appeal was the amended statute itself. In 2023, the Legislature significantly rewrote section 61.08. Among the changes, it eliminated permanent alimony as an available form of support. Just as important, the Legislature added subsection (11), which states that the amended statute applies to all initial petitions for dissolution of marriage pending or filed on or after July 1, 2023.
That single sentence triggered immediate litigation across Florida. Trial courts and practitioners questioned whether cases with final judgments entered before July 1, 2023 but still on appeal counted as “pending.” The Woodward case squarely presented that issue.
For any Tampa divorce lawyer litigating alimony, the answer to that question determines whether permanent alimony is off the table entirely.
What Does “Pending” Mean in Florida Law?
The Second District treated the issue as a pure question of law, reviewed de novo. The court relied on long standing Florida precedent defining when a case is considered pending.
Florida courts have repeatedly held that an action remains pending until the time for appeal has expired or, if an appeal is filed, until the appellate process is complete. An appeal is not a new action. It is a continuation of the original case.
The Second District cited authority dating back more than a century for the proposition that a case is still “alive” while it is on appeal. Even though a final judgment had been entered in February 2023, the Woodward case remained pending on July 1, 2023 because the former wife timely appealed.
That conclusion drove the outcome. Because the initial petition for dissolution was pending on July 1, 2023, the amended version of section 61.08 applied.
Reversal of the Permanent Alimony Award
Once the court concluded that the amended statute governed, the result followed naturally. Permanent alimony no longer exists under Florida law. As a result, the trial court’s award of permanent alimony could not stand.
The Second District reversed the final judgment insofar as it awarded alimony and remanded the case for further proceedings consistent with the amended statute. In all other respects, the judgment was affirmed.
For Tampa divorce cases, the holding is direct and consequential. If an appeal was pending on July 1, 2023, a permanent alimony award entered before that date is vulnerable to reversal.
Alimony Need Must Match Proven Expenses
Although the elimination of permanent alimony alone required reversal, the appellate court addressed several additional issues that will matter on remand and in other Tampa divorce cases.
First, the court emphasized a basic but frequently litigated principle. An alimony award cannot exceed the recipient spouse’s actual need, regardless of the payor’s ability to pay. If an award exceeds proven need, it constitutes an abuse of discretion.
In Woodward, the evidence showed that under any calculation, the former husband’s proven need was less than the $1,750 per month awarded. On remand, the trial court must revisit the issue of need and ensure that any award aligns with the evidence.
For a Tampa divorce lawyer, this reinforces the importance of detailed financial affidavits, credible expense testimony, and careful cross examination. Inflated budgets and unsupported expenses remain fertile ground for appellate reversal.
Inherited Property and Alimony Analysis
The Second District also instructed the trial court to reconsider the former husband’s inheritance from his grandmother when evaluating alimony. While inherited property is generally nonmarital, it can still be relevant to alimony need.
Florida courts may consider nonmarital assets, including inheritances, in determining whether a spouse actually needs support. If a recipient has access to inherited funds that can meet living expenses, that access can reduce or eliminate alimony need.
On remand, the trial court must weigh the inheritance as part of the overall financial picture. For Tampa divorce cases involving family wealth, trusts, or inheritances, this reminder matters. Alimony analysis does not occur in a vacuum.
Ability to Pay Must Be Based on Net Income
Another significant error identified by the appellate court involved the calculation of the former wife’s ability to pay. The trial court used the former wife’s gross income rather than her net income when assessing ability to pay alimony.
That approach is reversible error. Florida law requires courts to base alimony determinations on net income, not gross income. Taxes, mandatory deductions, and the reality of take home pay matter.
The record also revealed that certain funds included in the income analysis were one time payments rather than recurring bonuses. On remand, the trial court must correct these errors.
For a Tampa divorce lawyer, this underscores the importance of accurate income evidence. Pay stubs, tax returns, bonus histories, and expert testimony must distinguish between recurring income and nonrecurring events.
Adultery and Economic Impact After the 2023 Amendments
The Woodward opinion also addressed how adultery fits into the post July 1, 2023 statutory framework. Section 61.08 now provides that a court may consider adultery and any resulting economic impact in determining the amount of alimony, if any, to be awarded.
The key phrase is economic impact. Moral judgments alone do not drive alimony outcomes. Evidence must show how adultery affected marital finances.
On remand, the trial court must apply the amended statute and determine whether the former husband’s adultery had an economic impact relevant to alimony. This analysis will shape many Tampa divorce cases where infidelity is alleged.
Supportive Relationships and Mandatory Reduction or Termination
The appellate court also directed the trial court to consider section 61.14 as amended. Under the new statute, a court must reduce or terminate an award of support upon specific written findings that a supportive relationship exists between the obligee and a nonrelative.
This provision strengthens the ability of payors to challenge ongoing support when a former spouse enters a financially supportive relationship. On remand, the trial court must consider whether this statute applies to the former husband’s circumstances.
For Tampa divorce litigation, supportive relationship evidence has become more powerful. Living arrangements, shared expenses, and financial interdependence now carry mandatory consequences if proven.
Why the Woodward Decision Matters in Tampa
The Woodward decision is one of the earliest appellate opinions applying section 61.08(11). Its impact extends beyond the parties involved.
First, it confirms that appeals keep cases pending for purposes of the alimony statute. Second, it eliminates permanent alimony in a wide swath of cases that were previously thought insulated by pre July 2023 final judgments. Third, it reinforces rigorous standards for need, ability to pay, and income calculation.
A Tampa divorce lawyer evaluating alimony exposure must now ask not only when a final judgment was entered, but whether an appeal was pending on July 1, 2023. That single fact can determine whether permanent alimony is legally impossible.
Strategic Takeaways for Tampa Divorce Cases
The decision yields several practical lessons:
Permanent alimony claims should be reevaluated in any case that was on appeal as of July 1, 2023.
Trial courts must ground alimony awards in proven need and net income, not estimates or gross figures.
Inherited assets can reduce or eliminate alimony need and must be addressed with evidence.
Adultery matters only to the extent it has an economic impact.
Supportive relationships can mandate reduction or termination of support under the amended statute.
For litigants and practitioners alike, these points shape negotiation, mediation, and trial strategy throughout Hillsborough County and the greater Tampa area.
The Broader Direction of Florida Alimony Law
The Woodward opinion reflects a broader legislative and judicial shift. Florida has moved away from lifetime support obligations and toward a more structured, evidence driven approach to post dissolution support.
Courts now operate within narrower statutory lanes. Alimony is no longer a default entitlement after long term marriages. Instead, it requires careful proof tied to specific statutory factors.
For Tampa divorce cases, that shift increases the importance of preparation. A Tampa divorce lawyer must build the alimony case with precision from the outset, anticipating both trial level scrutiny and appellate review.
Conclusion
The Second District’s decision in Woodward v. Woodward confirms that Florida’s elimination of permanent alimony applies to cases pending on appeal as of July 1, 2023. It also reinforces foundational principles governing alimony need, ability to pay, and statutory compliance.
As trial courts continue to apply the amended statutes, this decision will serve as a guidepost. For anyone navigating divorce in Hillsborough County, understanding its implications is essential.
Frequently Asked Questions
Does Florida still allow permanent alimony?
No. Permanent alimony was eliminated effective July 1, 2023. Courts may no longer award permanent alimony in cases governed by the amended statute.
If a final judgment was entered before July 1, 2023, can permanent alimony still be reversed?
Yes, if the case was pending on appeal on July 1, 2023. An appeal keeps the case pending under Florida law.
Can alimony exceed what a spouse actually needs?
No. An alimony award that exceeds the recipient spouse’s proven need is an abuse of discretion and subject to reversal.
Does inherited property affect alimony?
Yes. While inheritances are nonmarital, they can be considered when determining whether a spouse actually needs alimony.
Is alimony based on gross or net income?
Alimony must be based on net income. Using gross income to calculate ability to pay is reversible error.
Does adultery automatically increase or decrease alimony?
No. Adultery is relevant only if it has an economic impact on the marriage.
What is a supportive relationship under Florida law?
A supportive relationship exists when a former spouse receives financial support from a nonrelative. If proven, the court must reduce or terminate support.
How does this decision affect Tampa divorce cases now?
It eliminates permanent alimony in many appealed cases and reinforces strict statutory compliance for all alimony determinations.
Divorce involves important legal and financial decisions that can affect your future. McKinney Law Group helps Tampa clients navigate the divorce process with clear strategy, careful planning, and dependable representation.
Call 813-428-3400 to get started.
Written by Damien McKinney, Founding Partner
Damien McKinney is the Founding Partner of The McKinney Law Group, bringing nearly two decades of experience to complex marital and family law matters. He is licensed in both Florida and North Carolina and has been repeatedly recognized as a Rising Star by Super Lawyers.