Background
Rosi and Jeffrey Gaul appealed and cross-appealed from a final judgment of dissolution of marriage entered on December 28, 2020, as amended by the trial court’s order on rehearing. The case was transferred from the Second District Court of Appeal to the Sixth DCA on January 1, 2023. The central procedural issue was which version of section 61.08, Florida Statutes—Florida’s alimony statute—applied: the 2020 version in effect when the final judgment was entered, or the 2023 amended version that eliminated permanent alimony.
The 2023 amendment to section 61.08 created subsection (11), which provides that the amended statute applies “to all initial petitions for dissolution of marriage or support unconnected with dissolution of marriage pending or filed on or after July 1, 2023.” This language created a district split over whether a case remains “pending” after final judgment while on appeal.
The trial court’s final judgment also classified a Lightstream loan—taken out by the wife after she filed for divorce—as a marital liability. The wife challenged this classification on appeal.
The Court’s Holding
The Sixth DCA affirmed the final judgment in its entirety with one limited exception. The court reversed and remanded with instructions to recharacterize the Lightstream loan as a non-marital liability owed solely by the wife, applying sections 61.075(1) and 61.075(7), Florida Statutes (2020). Under the statute, the cut-off date for classifying marital assets and liabilities is the date the petition for dissolution is filed. Because the loan was incurred after that date, it was non-marital as a matter of law.
On the alimony statute applicability question, the court addressed the district split head-on. The First, Fourth, and Fifth Districts have interpreted “pending” to mean a petition remains pending until the trial court renders final judgment. Under this interpretation, the 2023 amendment would not apply to cases where final judgment was entered before July 1, 2023. The Second District, by contrast, interprets “pending” more broadly. The Sixth DCA aligned with the First, Fourth, and Fifth Districts, finding that a petition is no longer “pending” once final judgment is rendered, meaning the prior version of section 61.08 applies to this case.
Key Takeaways
- The Sixth DCA joined the First, Fourth, and Fifth Districts in holding that a dissolution petition is no longer “pending” under section 61.08(11) after the trial court renders final judgment—meaning the 2023 amendment eliminating permanent alimony does not apply retroactively to judgments entered before July 1, 2023.
- Debts incurred by one spouse after the filing of the dissolution petition are non-marital liabilities as a matter of law under section 61.075(7), regardless of whether the funds were used for marital purposes.
- This decision deepens the existing district conflict on alimony statute applicability, potentially teeing the issue up for Florida Supreme Court review.
Why It Matters
Florida’s 2023 alimony reform—which eliminated permanent alimony—has generated significant litigation over its temporal reach. This decision adds the Sixth DCA to the majority position that the reform applies prospectively only to cases where final judgment had not yet been entered as of July 1, 2023. For family law practitioners handling appeals of pre-2023 dissolution judgments, this ruling confirms that the former statutory framework governs. The deepening district split on this issue makes Florida Supreme Court review increasingly likely, and practitioners should monitor for a potential grant of jurisdiction that could resolve the question statewide.