CHANGES TO FLORIDA’S ALIMONY AND TIMESHARING LAWS ?
Lori Barkus
![Lori Barkus]()
Lori Barkus
Owner of Colorado and Florida based law firm which helps high achieving women have a successful divorce.
Divorce is never easy and the two most hotly contested issues are alimony and timesharing. Currently, Florida law allows for permanent alimony, which can last for a seemingly indefinite time. There is no certainty for either the person paying or receiving alimony and few who go through divorce are happy about the process or the results. When it comes to children, courts are asked to decide whether one parent should have more time with the kids than the other. Fathers perceive this as a disadvantage and, in our modern times, have come to assume more parenting responsibilities and wish to continue their involvement with their children after divorce. A proposed new law would change the way judges deal with both alimony and timesharing.
The proposed alimony law would do away with permanent alimony and replace it with alimony for a set length of time, in an amount to be determined by a formula that takes into account each party’s income or ability to earn income. The new alimony law has several other key changes, summarized below:
The right to modify or eliminate alimony when the person paying reaches retirement age.
-
More defined change in circumstances for modifying the amount of alimony paid.
-
The ability to modify alimony payments in the event of job loss.
-
A more specific definition for cohabitation and the ability to modify alimony payments if the person receiving alimony is in a supportive relationship.
Recipient of the Lifetime Achievement Award in Disaster Medicine Disabled Physician
8 年Governor Rick Scott should sign SB 668 into law. Everyone who reads this should contact the governor and urge him to sign SB 668 into law today. Four years ago, my ex-wife and I divorced. She petitioned for permanent alimony. Fair is fair, we were married for 18 years. Currently I am paying $1000 per month, HALF of my Social Security Disability Income, as permanent alimony to my ex-spouse. My ex-spouse is a healthy, educated and employed PHYSICIAN. She receives HALF of my Social Security Disability Income. Meanwhile, my ex-spouse pays ME less than $100 per month child support. This is not nearly fair. Current alimony laws are extremely inequitable. Child support is formula based and time limited, but alimony amounts and durations are at the whim of the judge. The same judge who awarded me child support until our son is 18, awarded my physician ex-wife permanent alimony despite her greater income. As summarized by the Senate Judiciary Committee, Senate bill 668 revises laws on the amount and duration of alimony awards, grounds for alimony, and bases for modification of alimony due to a substantial change in circumstances. The bill also revises the laws governing the establishment of parenting plans and time-sharing schedules. Regarding initial alimony awards, the bill: Establishes presumptive alimony ranges based on formulas that incorporate the difference between the parties’ gross incomes and the duration of their marriage. ? Limits the duration of an alimony award to 25 to 75 percent of the duration of the parties’ marriage. ? Caps the combination of alimony and child support at 55 percent of the obligor’s income. ? Provides an exception to alimony guidelines so that the court may consider the contributions to the marriage of a long-term homemaker. The bill identifies additional bases for modifications or terminations of alimony, which include: ? An increase in the recipient’s income, and if the income has increased by 10 percent, the obligor is entitled to pursue an immediate modification of alimony. ? The involuntary underemployment or unemployment of the obligor. ? The obligor’s retirement at a reasonable age. The bill also clarifies that in instances in which an obligor alleges the existence of a supportive relationship between the obligee and another person, the obligor does not have to actually prove cohabitation. Permanent alimony discourages both the payor and recipient from working, achieving their potential or remarriage. Temporary assistance is certainly needed by some to transition from married to single, but it must be equitable and certainly not permanent. SB 668 addresses the problems of permanent alimony while ensuring when alimony is awarded, the amounts and durations of the awards are fair to all parties. Today please email Governor Rick Scott at: [email protected] After you email the governor, post your email to his legistative feedback site at: https://www.flgov.com/contact-gov-scott/email-the-governor/ Next, call him at (850) 488-7146. If you prefer snail mail, send your email as a letter to: Office of Governor Rick Scott State of Florida The Capitol 400 S. Monroe St. Tallahassee, FL 32399-0001 SB 668 is a fairness issue, not a man/woman issue, not a rich/poor issue, not a young/old issue and not a black/white issue. Men and women are equally able to work in today’s society and equally able to pay alimony. Our society has changed and so must our laws. Thank you for your support!