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Alimony Overhaul Heads To Scott For Signature
April 19, 2013
With lawmakers squaring off about whether the bill was “anti-woman,” the Florida House gave final approval Thursday to a plan to overhaul the state’s alimony laws.
The bill (SB 718), which was approved by the Senate early this month and is headed to Gov. Rick Scott, would eliminate the concept of permanent alimony and also would make myriad other changes that could affect divorced couples. As an example, it would make it harder to receive alimony when marriages last 11 years or less.
Supporters said the bill would add more fairness to alimony laws and that it could help end what sponsor Ritch Workman, R-Melbourne, described as “gamesmanship” in divorces.
“We’re just saying that every case shouldn’t be permanent alimony,” said Rep. Elizabeth Porter, R-Lake City. “You shouldn’t be paying a lifetime of servitude on a short-term marriage.”
But opponents said the bill will hurt women who have given up careers to stay home and raise families and then wind up getting divorced.
“We’re setting up the premise that women will no longer be treated equally in a divorce settlement,” said Rep. Barbara Watson, D-Miami Gardens.
Those arguments, however, were disputed by the bill’s supporters — women and men. Workman said changes in the bill would give families more certainty in what now can be nasty divorce disputes.
“This bill isn’t anti-woman,” Workman said. “It’s pro-family.”
House members voted 85-31 to approve the bill, which passed the Senate by a 29-11 vote. During the session, lawmakers heard horror stories from people on both sides of the issue — including people who argued they had been saddled with making hefty, unjustified alimony payments, along with people who were struggling to make ends meet after divorces.
The 34-page bill, in part, would create new legal standards based on the lengths of marriages. For example, when marriages end in 11 years or less, there would be what is known as a “rebuttable presumption” against awarding alimony. In contrast, a marriage that ends after 20 years would create a presumption that alimony would be awarded.
Also, the bill would set limits on the percentages of monthly income that could be awarded in alimony based on the lengths of marriages.
Opponents of the bill focused heavily on the potential effects on women who have been out of the workforce for long periods of time.
“I shudder to think what this bill will do,” said Rep. Lori Berman, D-Lantana.
But supporters said the bill would help treat people fairly and that women also sometimes pay alimony.
“Alimony doesn’t always mean that it’s the woman receiving the alimony,” Porter said. “It can work both ways.”
By The News Service of Florida
Comments
8 Responses to “Alimony Overhaul Heads To Scott For Signature”
those who hope to gain are hopeful
those who fear to lose are fearful
WILD MAN SAYS BOOOOOOYAH !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! THATS WHAT I’M SCREAMING
Having been told by a lawyer “you have a good job so the judge is going to make her your ward, not the state of Floridas. Doesn’t matter you were only married 9yrs, 11mo.Doesn’t matter you can prove she is a rx drug addict. Doesn’t matter you have proof she is already living with another man. Fl is a no fault state. He will only look at your ability to pay and her needs” Maybe a breath of fresh air.
So going forward it might NOT be “cheaper to keep her”…
theres something to be said for pre-nuptual agreements…altho, florida does have several reasonable criterias in place for invalidating them- these days, the odds are that your marriage will eventually come to an end- i do think that a “premarital counseling certification” should be required before EVERY marriage- it would save time, money and heartaches for the parties involved, the children and the rest of the family members….always told my girls, “watch how they (prospective mate) treat their mother, as it will be a good indicator of how theyll treat you”…youve got to think moreso with your head and NOT your heart…that goes for the man or the woman.
This seems to good to be true. There has to be a catch somewhere I am sure it may come out later. But, one thing that stood out to me is where Rep. Barbara Watson, D-Miami Gardens said, “We’re setting up the premise that women will no longer be treated equally in a divorce settlement,” Huhh.?? Wouldn’t an equal judgement mean you leave with what you came in with that is, as a single person. Now I can understand if children were produced in the marriage. But…..now…..
…let’s hope they tackle these extreme child support laws next too since the agenda is now “pro family.” I have male family members who are absolutely violated by these mafia style laws where the more successful they become financially, the more they take from them to keep them closer to minimum wage. You do know that is how the balances of scales works for these politicians? Wouldn’t it be wise to listen to the people who actually raise their kids to ask what the needs are for children universally? The basic needs – food, water, shelter, clothing… then create a range on the amount per the age of the child. The fact is they already know this information, but that doesn’t allow a beuracrat sitting behind a desk a way to figure out how to manuever a law that creates the most money in the best interest of the state. Pro-family and politics do not mix at all. Never will.. These lawmakers don’t strike when they see blood, they strike until the until blood flows…
Anyway, let’s just pray this new sense of equality is spread abroad for all of these entitlement programs, just like the Representative had hopes for with this one. Equality, Pro-family.. I sure hope so..
You have some spouses who originally marry with good intentions but as time goes on they lie, cheat and connive and secretly plan on getting divorced without telling the other spouse till they get all their ducks in a row and take advantage of the husband till they get every possible benefit and then file for divorce. I think it is these types of people that this law was designed for. Gold diggers looking out only for their self and the hell with everybody else. Thank God for these courageous lawmakers who will even the playing field.
Get to know your partner before the wedding, marriage is not a weekend excursion.
If Mom and the Reb say no, listen to their advice. Shalom.