Florida Alimony Reform 2023

Florida Alimony Reform 2023: What is is and what does it mean?

INTRODUCTION ON FLORIDA ALIMONY REFORM 2023

Florida alimony reform is here.  Our legislature passed, and the governor signed, a transformative overhaul to §61.08, Florida Statutes, commonly referred to as the Alimony Statute.  As of July 1, 2023, Florida has virtually eliminated new awards of permanent alimony, codified temporary alimony, and implemented limits to the length and amount of alimony a court could order.  The Alimony Statute now only refers to the following types of alimony (also known as spousal support or spousal maintenance): Temporary, Bridge-the-Gap, Rehabilitative, and Durational, each of which can be paid over time or in a lump sum. In this blog post, we explore each and highlight some of the recent significant changes.

Keep in mind that, though this is now the default law and limits what courts can order, spouses can always agree to do things differently through a private process such as Collaborative Divorce or mediation.

NEED AND ABILITY TO PAY

Before alimony can be awarded, a court must first determine whether one spouse has an actual financial need, and whether the other spouse has the ability to pay and meet that need. The burden is on the party requesting alimony to show both their need and the other party’s ability to pay.  Though determining need and ability to pay may seem straight forward, the issue becomes a lot murkier when one of the spouses has inconsistent income because they are a small business owner, executive with a unique compensation package, or a seasonal worker.

Additionally, though seemingly obvious, many people seeking alimony do not realize that the household income that once supported one home may now have to stretch and support two, and there may or may not be sufficient funds to cover both. It is with this in mind that the new statute considers an additional factor in analyzing need and ability to pay: the anticipated financial needs and necessities of life for each party after the divorce is over.

LENGTH OF MARRIAGE

There are many factors a court may take into consideration when determining an alimony award. However, one of the major changes is how the court measures the length of the marriage. Now, the Alimony Statute defines a short-term marriage as one that last less than 10 years, a moderate length marriage as 10 to 20 years, and a long-term marriage as exceeding 20 years. Traditionally, the length of marriage is measured from the date of marriage until the date of filing for divorce or another date as agreed upon by the spouses.  In a Collaborative Process, where many cases do not get filed until after a full resolution is reached, we tend to use a date listed in a Collaborative Participation Agreement in place of the date of filing.

Read more

Video: Collaborative Professionals Discuss New Collaborative Law & Rules

In the video below, from the Florida Academy of Collaborative Professionals, attorneys, mental health professionals, and financial professionals discuss the new collaborative divorce statutes and rules:

Read more

SB 590: New Florida Law on Child Support and Parenting Plans

On June 15, 2017, Florida Governor Rick Scott signed Senate Bill 590 (“SB 590”) into law.  SB 590 directs the Department of Revenue to provide parents with a proposed Standard Parenting Time Plan in Title IV-D child support cases.  The bill also authorizes the Department of Revenue to establish agreed-upon parenting plans.  Further, SB 590 waives court costs for families in a Title IV-D case who cannot agree on a parenting plan and are asking the courts to establish a plan.

Title IV-D Cases

Title IV-D of the Social Security Act requires each state to set up an administrative mechanism for establishing and enforcing child support orders.  Florida tasks the Department of Revenue with these administrative duties.

The Department of Revenue oftentimes steps in to establish child support when a parent seeks welfare or other government benefits.  The idea is that it is the duty of both parents to financially support a child.  Further, a parent should utilize child support from the other parent before the government provides state benefits.

The Department of Revenue may also administratively enforce a child support order created by the courts.

SB 590 Standard Parenting Time Plans

Prior to SB 590, the Department of Revenue did not have authority to establish parenting plans.  However, when the law goes into effect, the Department will be required in most cases to send a proposed Standard Parenting Time Plan to the parents.

Read more

Collaborative Law Rules at Florida Supreme Court

Collaborative Law Rules Approved by Florida Supreme Court

On May 18, 2017, the Florida Supreme Court published an opinion approving collaborative law rules.  The collaborative law rules are the last step necessary before Florida’s Collaborative Law Process Act goes into effect.

The opinion approves Rule Regulating the Florida Bar 4-1.19 and Florida Family Law Rule of Procedure 12.745.

Rule Regulating the Florida Bar 4-1.19

Florida Bar Rule 4-1.19 is a rule of professional conduct.  It creates certain obligations of attorneys representing clients within the collaborative process.  Among other things, the rule requires collaborative lawyers to do the following when contemplating collaborative practice with a client:

  • Provide sufficient information about the benefits and risks of the collaborative process;
  • Explain alternatives to the collaborative process, including litigation and mediation;

Read more

Collaborative Law Rules at Florida Supreme Court

Collaborative Law Rules Oral Arguments at Florida Supreme Court

On February 9, 2017, the Honorable Laurel M. Lee, Circuit Court Judge of the 13th Judicial Circuit in Hillsborough County and Chair of the Family Law Rules Committee of the Florida Bar Family Law Section, along with collaborative attorney Robert Merlin, Vice Chair of the Committee and a Board Member of the International Academy of Collaborative Professionals, stood before the Florida Supreme Court (video) to argue in favor of the adoption of collaborative law rules of procedure and professional conduct.

In 2016, Florida Governor Rick Scott signed into law the Collaborative Law Practice Act, but the Act does not go into effect until the Florida Supreme Court approves rules.  The Act creates a framework for collaborative family law, which is a private form of dispute resolution where attorneys focus solely on helping clients reach an out-of-court agreement.

Judge Lee explained to the Supreme Court Justices that the process is voluntary: “It is entirely a voluntary process by the litigants and families that choose to engage in the collaborative law process.  It can be terminated by either of the parties at any time.”

Judge Laurel Lee at Florida Supreme Court Arguing In Favor of Collaborative Law Rules

Judge Laurel Lee at Florida Supreme Court Arguing In Favor of Collaborative Law Rules

When asked if collaborative practice could help those with modest means, Judge Lee told the Supreme Court justices how she first came to learn about collaborative divorce:

“I first became aware of the collaborative process when a case came to my trial court in which all of the collaborative team – including the attorneys, the mental health professional, and the financial professional – had taken the case pro bono. I know in my circuit there is a group of collaborative professionals who take low cost or reduced fee cases so that parties do have access to this process even if they are not families of great financial means.”

Upon being asked by Justice Ricky Polston what effect collaborative practice has on mediation, Judge Lee replied, “They are not mutually exclusive.  Collaborative is a process that the parties can choose to engage in but does not preclude the use of any other alternative dispute resolution methods.  So [mediation] could certainly remain an option for litigants.”

Read more

Proposed Collaborative Divorce Professional Conduct Rule Published in Florida Bar News

In March of 2016, Florida Governor Rick Scott signed into law the Collaborative Law Process Act (“CLPA”).  The CLPA, among other things, protects communications within the collaborative process so that participants can be more open in their discussions and can rest assured that proposals and comments made while trying to reach agreement cannot later be used against them.

However, the CLPA does not go into effect until after the Florida Supreme Court adopts Rules of Professional Conduct and Rules of Procedure.

Proposed rules have been approved by the Florida Board of Governors, and they have been published in the August 15, 2016 edition of the Florida Bar News for comment.  Once the comment period is over, the Florida Supreme Court will determine whether it will approve the rules.

You can find the proposed Rule of Professional Conduct (4-1.19) after the jump (the proposed Rule of Procedure is published in a separate post):

Read more

Proposed Collaborative Law Procedural Rule Published in Florida Bar News

In March of 2016, Florida Governor Rick Scott signed into law the Collaborative Law Process Act (“CLPA”).  The CLPA, among other things, protects communications within the collaborative process so that participants can be more open in their discussions and can rest assured that proposals and comments made while trying to reach agreement cannot later be used against them.

However, the CLPA does not go into effect until after the Florida Supreme Court adopts Rules of Professional Conduct and Rules of Procedure.

Proposed rules have been approved by the Florida Board of Governors, and they have been published in the August 15, 2016 edition of the Florida Bar News for comment.  Once the comment period is over, the Florida Supreme Court will determine whether it will approve the rules.

You can find the proposed Family Law Rule of Procedure (12.475) after the jump (the Rule of Conduct is published in a separate post):

Read more

Will Florida Grant a Transgender Name Change?

The Associated Press is reporting that a transgender man’s request to change his legal name has been rejected by a Georgia Superior Court Judge.  The man, a sergeant in the U.S. Army Reserve, wants to change his legal name from Rebeccah Elizabeth Feldhaus to Rowan Elijah Feldhaus.

In rejecting the request, Judge J. David Roper wrote, “The question presented is whether a female has the statutory right to changer her name to a traditionally and obviously male name.  The Court concludes that she does not have such right.”

So would a transgender person’s petition for a change of legal name to reflect their gender identity be granted in Tampa Bay, Greater Sarasota, or elsewhere in Florida?

Read more

Collabortive Professionals Honor Florida Legislators

Two hundred members of the Florida Academy of Collaborative Professionals (“FACP”) gathered in Tampa to honor Florida legislators and others for their leadership in passing the Collaborative Law Process Act (“CLPA”).  The CLPA, among other things, protects the privacy of families going through divorce.  It creates a statutory privilege (like the attorney-client privilege) that, except under limited circumstances, ensures that what is said during a collaborative divorce process cannot be used against a spouse in court.

In 2016, Senator Tom Lee introduced the CLPA bill in the Florida Senate.  Representative Cyndi Stevenson, with the support of Representative Dana Young, introduced a version in Florida’s House of Representatives.  All three were given awards by Florida’s statewide collaborative organization for helping to protect Florida’s families via the CLPA.

 

 

Pictured, from left to right, are Senator Tom Lee, Cole Jeffries, Robert Merlin, Judge Laurel Lee, Representative Dana Young, and Representative Cyndi Stevenson.

Read more

Can 2 Men or 2 Women Appear on a Florida Birth Certificate?

Florida has not had the best history when it comes to the rights of same-sex couples.  For the longest time, the state had a law on the books that gay men and women were forbidden from adopting a child.  Florida not only enacted a so-called Defense of Marriage Act statute but enshrined its opposition to same-sex marriage in the state’s constitution.  Further, even once Florida courts ruled that the state must recognize marriage between people of the same sex, it was unclear whether the state would permit same-sex divorce.

Fortunately, the state has come a long way.  The “gay adoption ban” is no longer on the books.  The U.S. Supreme Court has ruled that a ban on the issuance of marriage licenses to same-sex couples is unconstitutional, as is a refusal of one state to recognize a same-sex marriage solemnized in another state.  And it has become clear that circuit courts in Tampa Bay and around the state must give same-sex spouses the opportunity to dissolve their marriage.

So, at this point, can two parents of the same sex appear on a Florida birth certificate?

Read more