Understanding the New Non-Compete Law in Florida
In 2024, Florida introduced changes to its non-compete laws, aligning with broader national efforts to regulate restrictive employment agreements. While these changes aim to give employees more freedom to change jobs, they also have an unexpected ripple effect—particularly in family law cases involving alimony and spousal support.
Why Non-Competes Matter in Divorce
A non-compete clause can restrict a spouse from earning income in their field for months or even years after leaving a job. This becomes highly relevant when calculating support obligations during a divorce. Courts assess both parties’ earning capacity, and if one party is contractually restricted, it can influence how alimony is determined.
Key Considerations:
- If a non-compete limits income, it may reduce a payer’s ability to meet support obligations.
- Conversely, a recipient under a non-compete may have lower imputed income, increasing potential support.
- Courts may question whether the clause is enforceable or used strategically.
How the Courts May Evaluate It
Florida courts examine multiple factors when awarding alimony, including:
- The duration and scope of the non-compete agreement
- Whether it was voluntarily accepted or imposed
- The spouse’s ability to earn income in alternate fields
Judges may also look at whether the clause creates an undue burden and whether either party is attempting to manipulate income.
For more on how alimony is determined in Florida, visit our Alimony Overview page.
What Divorcing Couples Should Do
If You’re the One Under a Non-Compete:
- Share a copy of the agreement with your attorney
- Document attempts to find alternate employment
- Be prepared to demonstrate financial impact
If You’re Paying Support:
- Don’t assume your ex-spouse’s income is static—ask if they’re under restrictions
- Investigate whether the non-compete is enforceable or expired
- Consider using a vocational expert or forensic accountant
If you’re facing a complex divorce, our High Net Worth Divorce services can help protect your interests, including situations involving executive-level employment contracts.
Legal Guidance You Can Trust
Navigating non-compete agreements during a divorce can be challenging. At Gisondo Law, we understand how employment law and family law intersect. Whether you’re the spouse restricted by a contract or the one responsible for support, our team offers clear, practical guidance.
Learn more about your Divorce Options or contact us at 561-530-4568 for a Free, In-Office, Initial Consultation to get started. To learn more about Attorney Gisondo’s Marriage and Family Law practice please visit his website https://gisondolaw.com.
