Potential clients come into my Tampa office all the time to learn about prenuptial agreements, how they can protect interests, and how they can provide for a more certain future.
For all these clients, I suggest that they utilize the collaborative method when developing a prenuptial agreement with their future spouse.
On May 10, Collaborative Divorce Attorney Adam B. Cordover spoke to the membership of the Tampa Bay Association for Marriage and Family Therapy on “Collaborative Family Law: Offering a Healthier Alternative to Tampa’s Families.”
The presentation was part of a continuing education seminar on Alternatives to Divorce Litigation.
Much of the presentation centered around the principles of collaborative family law:
Now that Senate Bill 718 on alimony reform has been vetoed by Florida Governor Rick Scott, many Tampa Bay residents are wondering whether there is any way to modify or terminate their alimony obligations. The answer, in many cases, may be yes.
Chapter 61 of the Florida Statutes states that most types of alimony may be modified or terminated when there has been a substantial change in circumstances that affects the receiving spouse’s need for alimony or the paying spouse’s ability to pay. Case law tells us that a “substantial change in circumstances” means a change that was unanticipated at the time the alimony was ordered by the Court, and a change that is permanent, involuntary, and material. Examples of substantial changes in circumstance that may justify upward or downward modification include health issues, long-term unemployment, a big raise, or a large inheritance.
I recently came across an article by Sandra Young and Brian Garvey, collaborative divorce lawyers in Illinois, who offer what they refer to as a “Divorce Weekend.” This is a fascinating model of collaborative divorce which offers the option of a quick settlement, and there is no reason why a weekend collaborative divorce cannot take place here in Tampa Bay.
This is how the model works:
In an unexpected turn of events, Florida Governor Rick Scott has vetoed Senate Bill 718, which envisioned broad-ranging changes to Florida alimony and child custody laws. If signed, the bill would have created a presumption in favor of 50/50 child custody, eliminated permanent alimony, and permitted (in certain circumstances) those who had already been ordered to pay alimony to seek a modification based on the new law.
Governor Scott’s veto letter reads, in part:
As Senate Bill 718 – which deals with Florida alimony and child custody reform – looks likely to be signed by Governor Rick Scott, this blog is exploring the various parts of the bill and discussing how they may affect Tampa Bay divorce and family law cases.
One area that this bill changes is the way that marriages are categorized as short-term, moderate-term, and long-term. The reason this matters is because the Florida Statutes prescribes the type, quantity, and duration of alimony that a judge is likely to award depending on the length of the marriage.
See Related: Child Custody Reform * Supportive Relationships
Right now (before the changes of Senate Bill 718), the law defines the length of marriage and the presumed appropriate types of alimony (after a judge has determined that one spouse has a need for alimony and the other spouse has the ability to pay) as follows:
As Senate Bill 718 dealing with alimony reform and child custody reform has passed both houses of the Florida Legislature and seems likely to be signed by Governor Rick Scott, this blog will attempt to explain how various aspects of the bill may impact Florida and Tampa Bay family law cases.
If signed, most changes (including changes to Florida’s supportive relationship laws) will go into effect July 1, 2013.
Currently, Florida law permits a person who has been ordered to pay alimony (called an “obligor”) to seek a modification or termination of his or her alimony order if he or she can prove that the spouse receiving alimony (called the “obligee”) is in a supportive relationship. As the law stands now, even if the obligor can prove that the obligee is in a supportive relationship, a judge has the option, but is not required, to modify an alimony order.
The language of Senate Bill 718 changes the supportive relationship statute as follows (new language is underlined while deleted language is stricken):
There has been a lot of press lately about efforts to reform Florida’s alimony laws. As discussed on this blog, Senate Bill 718 (which primarily deals with alimony reform) passed the Florida House by a wide margin (85 Yeas versus 31 Nays) and, since it had also passed the Florida Senate, will be going to Governor Rick Scott for his signature.
Update: Governor Scott Vetoes Senate Bill 718
One area that may be even more significant, but has not received as much coverage, is language in Senate Bill 718 that reforms Florida’s child custody laws. Currently, there is no presumption in favor of or against any child custody schedule, including a 50/50 split custody (known as equal time-sharing). Senate Bill 718, however, adds language to section 61.13 of the Florida Statutes that seems to make a strong presumption in favor of equal time-sharing.
The text of the child custody provisions of Senate Bill 718 is reproduced below (deleted language is stricken while new language is underlined):
Right now, the Florida House is debating the alimony reform bill (SB-718). You can watch the current session at the following link:
http://www.myfloridahouse.gov/VideoPlayer.aspx?eventID=2443575804_2013041204.
Update: SB-718 has overwhelmingly passed the Florida House.
Update: Governor Scott Vetoes Senate Bill 718
Read a previous post on alimony reform for more information.
The fact is that divorce is difficult. Emotions are raw, family life is uprooted, and life becomes strained.
And children are caught in the middle.
Attorneys in Tampa Bay litigated cases are often obligated to not only focus on showing their clients in the most positive light but also shining the spotlight on the opposing parties’ parental flaws. This further frays relationships with consequences to the children.
But there is an alternative. Collaborative divorce is a process where the clients agree not to air their dirty laundry in the court system but instead to negotiate respectfully in private offices of attorneys and other professionals. A neutral facilitator, who usually is a licensed mental health professional, is utilized to ensure that the clients focus on the future and on what is most important: the children.
I recently found a Chicago Tribune article which discusses collaborative divorce and it’s focus on children:
If you’ve gone through a divorce, you know how challenging it can be to keep your emotions in check. Add children to the mix and the damage can be devastating. But experts say more divorcing couples are seeing the benefits of putting down the boxing gloves and placing their children’s needs first.
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