Florida’s alimony law changed significantly in 2023, and ever since, courts across the state have been working through exactly how those changes apply to cases that were already underway when the new law took effect. A recent decision from Florida’s Fifth District Court of Appeal adds an important, and genuinely unsettled, piece to that puzzle, one that could affect how alimony is decided in cases still working their way through the appellate process. If you’re currently involved in a Florida divorce where alimony is at stake, or if your case is already on appeal, this is exactly the kind of development a Tampa divorce lawyer needs to be tracking closely.
In Hawryluk v. Hawryluk, 51 Fla. L. Weekly D377 (Fla. 5th DCA 2026), the Fifth DCA, in an opinion authored by Judge Sandra C. Upchurch, held that the entry of a final judgment ends the “pending” nature of a case for purposes of applying Florida’s newer alimony statute. In doing so, the Fifth DCA explicitly rejected the position taken by Florida’s Second District Court of Appeal, which had held that a case remains “pending” until any appeal of that case is fully resolved. Because this creates a direct conflict between two Florida appellate courts on an important, recurring legal question, the Fifth DCA certified the question, a formal step that flags the conflict for potential resolution by the Florida Supreme Court.
This might sound like a fairly technical, inside-baseball legal dispute, but it has real, practical consequences for Florida families. Below, we’ll walk through what happened in Hawryluk v. Hawryluk, explain why the timing of Florida’s new alimony law matters so much, and discuss what this developing conflict means if you’re navigating alimony issues in a divorce or appeal right now.
What Happened in Hawryluk v. Hawryluk? A Plain-English Case Summary
Hawryluk v. Hawryluk involved a dispute over which version of Florida’s alimony law should apply to the case, the law as it existed before Florida’s significant 2023 alimony reform, or the newer statute that followed. This question turns on timing: Florida’s new alimony law generally applies going forward, but the exact cutoff for cases that were already in progress when the law changed has been a genuinely contested legal issue.
The specific question in Hawryluk was whether a case that had already reached final judgment, but was still on appeal, should be treated as “pending” for purposes of deciding which alimony law applies. The Fifth DCA held that it should not. Once a final judgment has been entered, the Fifth DCA reasoned, the case is no longer “pending” in the relevant sense, even if an appeal of that judgment is still ongoing. This means the newer alimony statute wouldn’t apply retroactively to a case that had already reached final judgment before the law changed, purely because an appeal was still working its way through the court system.
This holding directly conflicts with a position previously taken by Florida’s Second District Court of Appeal, which held that a case remains “pending,” for these same purposes, until any appeal is fully resolved, not just until a final judgment is entered at the trial court level. Because these two Florida appellate courts have now reached opposite conclusions on the same important legal question, the Fifth DCA formally certified the conflict, essentially flagging for the Florida Supreme Court that this is exactly the kind of unsettled, recurring issue that benefits from statewide resolution.
As with the other recent appellate rulings we’ve discussed, this case doesn’t come with extensive detail about the parties’ specific circumstances, their marriage, or the underlying alimony dispute itself. What’s genuinely significant, and what every Florida family involved in an alimony case should understand, is the broader legal question at the center of this decision, and the fact that it remains unsettled at the statewide level.
What the Court Decided — and Why It Matters
To understand why this case matters so much, it helps to understand the background of Florida’s alimony reform and why the timing question has become such a significant, recurring issue in Florida family law.
Florida’s 2023 Alimony Reform
In 2023, the Florida legislature made substantial changes to the state’s alimony laws, most notably eliminating permanent alimony as a category of support and revising the standards courts use to determine the type, amount, and duration of alimony awards. This was a significant shift in Florida family law, and it created an important practical question: what happens to divorce cases that were already underway, filed before the new law took effect, but not yet finally resolved?
Generally, the new alimony statute was designed to apply to cases going forward, but the legislature’s transition language, and the case law interpreting it, has left room for genuine disagreement about exactly where the line falls for cases that were somewhere in the pipeline when the law changed. This is precisely the kind of question that has generated conflicting answers from different Florida appellate courts, and Hawryluk v. Hawryluk is a direct product of that ongoing uncertainty.
Why “Pending” Matters So Much
The word “pending” might seem like a small, technical detail, but in this context, it’s doing an enormous amount of legal work. Whether a case is considered “pending” at a particular point in time determines which version of Florida’s alimony law actually applies to that case, the older framework that included permanent alimony as an available option, or the newer, more restrictive framework that followed the 2023 reform. For couples whose cases were caught in this transition period, filed before the new law but not resolved until after, this question can have an enormous effect on the actual outcome of their alimony dispute.
The specific disagreement in Hawryluk centers on what happens after a trial court has already entered a final judgment, but while that judgment is still being appealed. Is the case still “pending” during that appellate window, meaning the newer alimony statute could still apply if the appeal is resolved after the law’s effective date? Or does the case stop being “pending” once the trial court enters its final judgment, meaning the alimony law that applied at that point governs, regardless of how long the subsequent appeal takes?
The Fifth DCA’s answer in Hawryluk was clear: entry of the final judgment is the cutoff. Once that happens, the case is no longer “pending” for purposes of the alimony statute question, even if it continues through the appellate process. The Second DCA had reached the opposite conclusion in an earlier case, treating the entire appellate process as part of the case remaining “pending.” With two Florida appellate courts now on record with opposite answers, Florida family law currently has a genuine, unresolved split of authority on this issue.
Why the Fifth DCA Certified the Question
When a Florida appellate court certifies a question, it’s formally telling the Florida Supreme Court that this is an issue of significant public importance where clarity is needed, often because different district courts of appeal have reached conflicting conclusions. Certification is a specific, purposeful legal mechanism. It doesn’t automatically mean the Florida Supreme Court will take up the issue, but it does flag the conflict clearly and increases the likelihood that the state’s highest court will eventually resolve it.
This matters because, until the Florida Supreme Court weighs in, one way or another, Florida families and their attorneys are left navigating a genuinely unsettled legal landscape. Depending on which appellate district a case falls under, the same set of facts, a final judgment entered before the statute’s effective date but still on appeal afterward, could produce different legal outcomes. That’s an uncomfortable, but currently accurate, description of where Florida law stands on this issue following Hawryluk.
Why This Creates Real Uncertainty for Families Statewide
Florida’s appellate districts each have geographic jurisdiction over different counties, and a trial court is generally bound by the appellate court that has jurisdiction over its geographic area. This means that, at least for now, whether a case falls under the Fifth DCA’s rule from Hawryluk or the Second DCA’s earlier, conflicting position could genuinely depend on where in Florida the case is being litigated, at least until the conflict is resolved statewide. Hillsborough County itself falls within the jurisdiction of Florida’s Second District Court of Appeal, meaning the Second DCA’s earlier position, that a case remains pending throughout the appellate process, is currently the operative rule for Tampa Bay area cases, unless and until the Florida Supreme Court steps in and resolves the conflict differently.
This geographic variability is exactly the kind of outcome Florida’s certification process is designed to eventually eliminate, but until the Florida Supreme Court takes action, families with cases caught in this timing window need to understand which appellate district governs their specific case, and what that means for which version of the alimony statute applies.
Practical Takeaways for Anyone Navigating Alimony in a Florida Divorce
Here’s what Hawryluk v. Hawryluk means in practical terms if alimony is part of your Florida divorce, particularly if your case was filed, or your final judgment was entered, around the time Florida’s alimony reform took effect.
1. Understand Which Appellate District Governs Your Case
Because this conflict currently produces different outcomes depending on which Florida appellate district has jurisdiction over your case, it’s important to understand which district applies to you. Tampa and Hillsborough County fall within the Second District Court of Appeal’s jurisdiction, which, as of this writing, has taken the position that a case remains pending throughout the appellate process, a potentially more favorable timing rule for parties hoping the newer alimony statute will apply to their case, depending on their specific circumstances. This could change if the Florida Supreme Court resolves the certified conflict, so it’s important to stay current on developments in this area.
2. If Your Case Is on Appeal, This Timing Question May Directly Affect You
If your divorce case reached a final judgment before Florida’s 2023 alimony reform took effect, but that judgment is still being appealed, this conflict is directly relevant to your situation. Depending on which appellate district governs your case, and depending on how the Florida Supreme Court eventually resolves this issue, the alimony law that applies to your case could hinge on exactly this question. This is a nuanced, evolving area, and it’s important to discuss the specific timing of your case with your attorney.
3. Recognize That This Is an Evolving Area of Florida Law
Florida’s alimony reform is still relatively new, and cases like Hawryluk show that courts are actively working through how the transition provisions apply to cases caught in the pipeline between the old and new law. This means the legal landscape here is genuinely still developing. What’s true today, including the Second DCA’s currently governing position in the Tampa Bay area, could change if the Florida Supreme Court takes up this certified conflict and reaches a different conclusion.
4. Don’t Assume Your Case Automatically Falls Under One Statute or the Other
Given the genuine uncertainty in this area, it’s a mistake to simply assume that either the old alimony framework or the new one automatically applies to your case without carefully analyzing the specific timing involved: when your case was filed, when a final judgment was or will be entered, and where your case falls within Florida’s appellate structure. This is a fact-specific and legally nuanced determination, and getting it right can significantly affect the alimony outcome in your case.
5. Work With an Attorney Who Actively Tracks Appellate Developments in This Area
Because this issue remains unsettled, and because the Florida Supreme Court could resolve the certified conflict at any point, it’s essential to work with a Florida divorce attorney who is actively monitoring developments in this specific area of law. An attorney who understands the current state of the conflict, and who stays current as it develops, is in a much stronger position to advise you accurately and to advocate effectively for the application of whichever statute genuinely benefits your circumstances.
6. If You’re Currently Negotiating a Settlement, Consider the Timing Implications
If you’re in the process of negotiating a marital settlement agreement, and alimony is part of that negotiation, it’s worth discussing with your attorney how the timing of your case, and the applicable appellate district, might affect which alimony framework governs your negotiation. Understanding this landscape can meaningfully inform your negotiating strategy and your expectations about what outcomes are realistically available.
7. Stay Informed if You Already Have a Final Judgment on Appeal
If you already have a final judgment in your case that’s currently on appeal, and alimony is at issue in that appeal, this is a developing area you should be actively monitoring alongside your attorney. Whether the Florida Supreme Court ultimately takes up this certified conflict, and how it resolves the question if it does, could directly affect the outcome of your pending appeal.
Why Legal Clarity on Alimony Timing Matters So Much
Hawryluk v. Hawryluk is a good example of how significant legislative changes, like Florida’s 2023 alimony reform, can create genuine uncertainty as courts work through exactly how the new framework interacts with cases that were already underway. This isn’t unusual; major statutory changes often generate this kind of transitional litigation, as courts across different districts work through similar fact patterns and, at least temporarily, reach different conclusions.
For Florida families, this uncertainty underscores the importance of working with a Tampa family law attorney who doesn’t just know the substantive alimony factors under Florida Statute § 61.08, but who also understands the procedural and timing questions that can determine which version of the law actually applies to a given case. Alimony, like marital asset division, is often one of the most consequential financial issues in a divorce, and getting the applicable legal framework right is a necessary first step before the substantive analysis can even begin.
Why This Matters for Divorcing Spouses in Hillsborough County
If you’re navigating alimony as part of a Hillsborough County divorce, it’s worth understanding that your case falls under the Second District Court of Appeal’s jurisdiction, meaning the Second DCA’s position, that a case remains pending throughout the appellate process, currently governs, at least until the Florida Supreme Court resolves the certified conflict from Hawryluk v. Hawryluk. Given how directly this timing question can affect the outcome of an alimony dispute, staying informed, and working with an attorney who’s actively tracking this evolving area of Florida law, is essential.
Let a Tampa Divorce Lawyer Help You Navigate Florida’s Evolving Alimony Law
Florida’s alimony law has undergone significant change in recent years, and cases like Hawryluk v. Hawryluk show that courts are still actively working through how those changes apply to cases in transition. The team at The McKinney Law Group stays current with these developments, including unresolved appellate conflicts that could directly affect your case, and we’re prepared to help you understand exactly where your alimony matter stands under Florida’s evolving legal framework.
If you’re searching for a Tampa divorce lawyer who understands the nuances of Florida’s alimony reform and stays on top of how appellate courts are interpreting it, we encourage you to reach out for a consultation. Let us help you navigate your alimony case with clear, current, and strategic legal guidance.
Frequently Asked Questions
1. What did the Fifth DCA decide in Hawryluk v. Hawryluk? The Fifth DCA held that entry of a final judgment ends a case’s “pending” status for purposes of determining which version of Florida’s alimony statute applies, even if the case is still being appealed. This conflicts with an earlier position taken by the Second District Court of Appeal.
2. What is the conflict between the Second and Fifth District Courts of Appeal about? The Second DCA has held that a case remains “pending” throughout the appellate process, while the Fifth DCA in Hawryluk held that a case stops being “pending” once a final judgment is entered at the trial court level, regardless of a subsequent appeal.
3. Which position currently applies to my case if I’m in Hillsborough County? Hillsborough County falls within the jurisdiction of Florida’s Second District Court of Appeal, so the Second DCA’s position, that a case remains pending through the appellate process, currently governs, unless and until the Florida Supreme Court resolves this certified conflict.
4. What does it mean when an appellate court “certifies a question”? Certification is a formal step where an appellate court flags a legal issue as one of significant public importance, often because of a conflict between different appellate districts, and signals to the Florida Supreme Court that statewide resolution may be needed.
5. Will the Florida Supreme Court definitely resolve this issue? Not necessarily right away. Certification increases the likelihood that the Florida Supreme Court will take up the issue, but the timing and outcome of any such review isn’t guaranteed. Until it’s resolved, this remains a genuinely unsettled area of Florida law.
6. How does this affect which alimony law applies to my case? If your case involves a final judgment entered around the time of Florida’s 2023 alimony reform, and your case is or was on appeal, this timing question could directly determine whether the older or newer alimony statute applies to your situation, which can significantly affect the type, amount, and duration of any alimony award.
7. What should I do if my case is caught in this timing window? Speak with your attorney about the specific timing of your case, including when your final judgment was entered and which appellate district has jurisdiction, and stay informed about developments in this area, since the applicable rule could change if the Florida Supreme Court resolves the certified conflict.
Damien McKinney is the Founding Partner of The McKinney Law Group Family & Divorce Lawyers, 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.