Alimony Overhaul On The Move In Florida House

February 5, 2016

A House panel signed off Thursday on a proposal that would overhaul the state’s alimony laws by doing away with permanent alimony and creating a formula based on the length of marriage and the incomes of both spouses to determine payments.

Years in the making, the measure has the blessing of alimony reform advocates and the Family Law Section of The Florida Bar.

A nearly identical measure fell apart during the final days of last spring’s shortened legislative session after the two sides — once at odds over alimony reform — had reached a compromise.

The effort got enmeshed last year in an acrimonious battle between two powerful Republican lawmakers — Senate budget chief Tom Lee and House Rules Chairman Ritch Workman — over whether the proposal should also address time-sharing of children between divorcing parents, something Lee wanted. Workman said the time-sharing issue killed the deal, but Lee disputed that was the reason for the bill’s demise.

On Thursday, the House Judiciary Committee approved its version of this year’s measure (HB 455) — which doesn’t include the time-sharing element — in a 14-3 vote after hearing emotional testimony from divorced spouses on both sides of the issue.

Rep. Colleen Burton, the bill’s sponsor, said the changes are needed to provide certainty when couples are divorcing.

“This is a bill that, across our state, provides a framework that provides wherever you live in the state, you walk in and can ensure you’ll receive equal treatment no matter where you are,” Burton, R-Lakeland, said.

Burton’s proposal would eliminate certain types of alimony, known as bridge-the-gap, rehabilitative, durational and permanent alimony. It would also change what are now considered short-term, mid-term and long-term marriages. Under the new plan, the category of mid-term marriages would be eliminated and long-term marriages, now defined as 17 years or longer, would apply to unions of 20 years or more.

The formula for the duration of alimony payments would be based on the number of years of marriage, while the amount of the payments would rely on a couple’s gross income — the higher earner’s salary minus the earnings of the spouse seeking alimony — and would set the length of time for alimony payments.

Divorcing spouses who have been married for less than two years would not be eligible for alimony, unless a judge gives written findings for an exception.

The bill does not include a retroactivity provision that prompted Gov. Rick Scott to veto an alimony-reform measure three years ago.

Representing the Family Law Section of The Florida Bar, Tampa lawyer Joe Hunt said judges throughout the state, or even within the same county, make different alimony decisions even when given the same sets of facts.

The proposal “provides guidelines that are well overdue,” Hunt said.

But critics object that the changes would hurt older women, who stayed at home to raise children and then have a hard time finding jobs.

Shelly Moxon Lehman told the panel she was a domestic-abuse victim who was married for 18 years before getting divorced. Other women might stay in abusive relationships if they aren’t able to get financial support from ex-husbands, Lehman warned.

Lehman, 56, said she’s out of work, although she has a college degree.

“I was stuck raising our children by myself. … And now I am destitute. I’m on food stamps,” she said.

Family Law Reform founder Alan Frisher, who’s been fighting for eight years to get the law changed, said he was hopeful that lawmakers would pass this year’s proposed overhaul.

“Luckily, everybody’s playing nicely in the sandbox,” Frisher said after the meeting.

And the Bar’s family law section lobbyist, Nelson Diaz, said he believes the proposal will also get Scott’s blessing.

Three out of five Democrats on the committee supported the measure, Diaz noted.

“I haven’t gotten assurances from the governor, but I think he can be persuaded to sign it,” Diaz said.

The Senate Judiciary Committee is slated to give that chamber’s proposal (SB 668), which includes a modified version of the time-sharing component, an initial vetting on Tuesday.

by Dara Kam, The News Service of Florida

Comments

3 Responses to “Alimony Overhaul On The Move In Florida House”

  1. M in Bratt on February 9th, 2016 6:38 am

    All the more reasons for a pre-nup agreement.

  2. 429SCJ on February 6th, 2016 5:47 am

    “I would rather be lonely that sorry”
    Keith Richards

  3. Mike on February 6th, 2016 2:32 am

    A smart man does not get married. Other than that stay together, except in cases of abuse or other intolerable situations, like you can’t stand each other. My folks hated each other, but stayed together until we were all grown. I guess that is considered old fashioned nowadays.

    I once knew an old man that said when they start whining & crying it was time to go, then he got married himself & took those words back when I mentioned them to him.

    Here’s to domestic bliss!! :)

Written by William Reynolds · Filed Under News