Florida lawmakers approved a bill ending permanent alimony on Thursday, April 18th. The House passed the bill (SB 718) 85-31, with members of both parties crossing over. For example, Rep. Jared Evan Moskowitz, a Coral Springs Democrat, debated in favor and voted for it; Republican Rep. Seth McKeel of Lakeland voted against it. The Senate previously approved it 29-11. If made a law, Florida would be the fifth state to abolish permanent alimony. Bill sponsor Ritch Workman, a Melbourne Republican, is confident Governor Rick Scott will sign it.
The proposal sets limits on the amount of alimony and how long one would receive financial support from an ex-spouse, though judges would be able to exercise discretion in some cases, such as when a spouse has a disability. It would make it harder to get alimony in short-term marriages and would generally prevent alimony payments from lasting longer than one-half of the length of the marriage. The bill defines a short-term marriage as less than 11 years, in which there’s an assumption that alimony would not be awarded. If alimony is granted, it would not be more than 25 percent of the ex-spouse’s gross income. For failed marriages between 11 and 20 years, there’s no assumption either way, but alimony would not amount to more than 35 percent of the ex-spouse’s gross income. And in long-term marriages, those longer 20 years, there would be an assumption in favor of alimony, though not more than 38 percent of an ex-spouse’s gross income.
Moreover, the bill doesn’t automatically end alimony when the paying ex-spouse retires, but that person could ask a judge to reduce the payment or even end it. The judge can consider age at retirement, ability to pay alimony and the financial situation of the person receiving alimony.
If you have questions regarding alimony or the new alimony bill, contact the Men’s Divorce Law Firm today to schedule a consultation. Managing Attorney Jeffrey Feulner aggressively represents the interests of husbands and fathers involved in divorce, alimony and other family law matters.
There is a new 2011 Florida Alimony Statute that is effective as of July 1, 2011. The new alimony law did not radically change alimony rights in Florida. The new law mostly clarified and defined prior new laws.
A summary of the new changes to Florida alimony law:
Definitions:
a. Exceptional circumstances
Facts that go far beyond a normal, everyday situation. But remember, the everyday situations in many divorce cases are already pretty extreme. For example, a spouse that becomes completely disabled during the marriage from an accident or disease may qualify as an exceptional circumstance. Or if the other spouse does something wrong or vengeful that permanently damages the other spouse’s career; that may qualify as an exceptional circumstance. Anything like the examples mentioned may be adequate reasons for a court to give a spouse permanent alimony after a short-term marriage. But remember, the shorter the marriage, the more extreme the facts must be. A two year long marriage would not qualify for permanent alimony unless something absolutely horrible happened during that prior two years.
b. Clear and Convincing Evidence
Fact must be really obvious and clear to meet this standard that is now required for permanent alimony in a medium length marriage (between 7 and 17 years). Normal divorce court decisions must be supported by the “more likely than not” standard for evidence and faces. But the new alimony statute requires evidence at the level of “no-brainer.” In other words, the court must see evidence that almost speaks for itself.
c. Significantly Less Income
No one knows what that phrase means. But you can be sure it will be fought out in every family law court in Florida.
The new 2011 alimony law for Florida applies to all new orders signed by the courts after July 1, 2011. It also applies to any alimony judgments modified after July 1, 2011. Also included are any pending cases as of that date. One interesting thing to note: you cannot modify an old alimony award if nothing else has changed other than the alimony statute.
Comments on the new 2011 Florida Alimony Law:
A principle that many alimony attorneys are aware of is that a judge will usually decide what they want to do, and then figure out how to support that decision with legally supportable reasoning. If a judge needs “exceptional circumstances,” all they have to do is look in the facts of the case and pick anything that reasonably qualifies. So the new alimony law will have minimal immediate effect on family law trial court decisions.
Over time, appellate courts will reverse some trial court decisions that do not conform to the new law. That will eventually have the effect of guiding trial court judges on how to apply the new alimony statute. Like all new laws, it takes years for the effect to be seen in ongoing cases. So the moral of the story: do not look for immediate, radical changes in the outcome of cases. Make sure your attorney knows the new alimony law and plans to use it to your advantage.
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