Tag Archive for: spousal support

Summary of Florida Alimony Reform Bill

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House Bill 231, which proposes broad-reaching changes to Florida’s alimony statute, has passed the Civil Justice Subcommittee.  It next goes to the House Judiciary Committee.

The Judiciary Committee provides the following summary analysis of HB 231:

Alimony provides financial support to a financially dependent former spouse. The primary elements to determine entitlement are need and the ability to pay, but the statutes and case law impose many more criteria. There are four different types of alimony: bridge-the-gap alimony, rehabilitative alimony, durational alimony, and permanent alimony. An award of alimony may be modified or terminated early in certain circumstances.

The bill makes a number of changes to current law on alimony and dissolution of marriage. The bill:

  • Eliminates permanent alimony.
  • Eliminates consideration of the standard of living established during the marriage as a factor in determining alimony.
  • Creates presumptions for earning ability imputed to an obligee.
  • Requires written findings justifying factors regarding an alimony award or modification.

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In Florida, Can A Husband Be Awarded Alimony?

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When you think of Florida alimony, you might only consider those times when a husband is ordered (or agrees) to make spousal support payments to a wife.  But we no longer live in the 1950’s.  I am running into more divorce situations where the wife earns significantly more than the husband, and the wife is ordered (or agrees) to pay alimony to the husband.

An award of alimony to a husband is made based on the same exact factors that an award of alimony to a wife is made.  The primary consideration is the husband’s need for spousal support, and the wife’s ability to pay.  Once a court has determined that there is a need and ability to pay, the court will determine the length and extent of the alimony award after considering the following factors:

(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.

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Florida Support Unconnected With Divorce

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Section 61.09 of the Florida Statutes allows a spouse to request alimony (also referred to as “separate maintenance” or “spousal support”) and/or child support without asking for divorce.

There are various reasons why a spouse may file a case for support without asking for a divorce:

  • Florida does not recognize the status of “legal separation,” so this process allows a spouse to have a trial period apart without having to make a decision regarding divorce;
  • A party may not want a divorce because of religious beliefs;
  • A spouse may not want to go through a divorce while his or her children are still under the age of 18 or living in the home; or
  • A person may not have met the six month residency requirement to file for divorce (Florida requires that at least one party to a divorce reside in the state for at least six months prior to the filing of divorce; a proceeding for support unconnected to divorce has no such residency requirement).

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Income Withholding Order

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For quite some time, Florida has permitted child support and alimony payments to be deducted directly from a person’s paycheck.  This had been done through an income deduction order authorized by section 61.1301 of the Florida Statutes.

Recently, the federal government mandated that OMB Form 0970-0154 (Income Withholding for Support Order) be used in place of state income deduction forms.  Accordingly, Hillsborough County’s Thirteenth Judicial Circuit has published a packet which includes the federal Income Withholding Order along with the Florida Addendum to the federal order and a Payment Information Sheet.

If you have a matter involving Florida alimony or child support and you are looking to schedule a consultation with a Tampa Bay family law attorney, contact The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615 or by filling out our online form.

Text of Florida Senate Bill 748 – Proposed Changes to Alimony Laws in Florida

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Florida Senate Frs Changes - Family Diplomacy | A Collaborative Law FirmYesterday I wrote an update on changes that the Florida Senate is proposing to make to current alimony laws.  Below is the text of the current version of Senate Bill 748 (added text is underlined, while deleted text is stricken):

An act relating to dissolution of marriage; amending s. 61.08, F.S.; revising the factors to be considered for alimony awards, including adultery; requiring a court to make certain written findings concerning alimony; providing that if the court orders a party to provide security to protect an award of alimony, the court may so order only upon a showing of special circumstances; requiring that the court make specific evidentiary findings regarding the availability, cost, and financial impact on the obligated party to support the award of security; revising provisions for an award of durational alimony; redesignating permanent alimony as long-term alimony and revising provisions relating to its award; amending s. 61.14, F.S.; prohibiting a court from reserving jurisdiction to reinstate an alimony award if a supportive relationship ends; providing that a modification or termination of an alimony award is retroactive to the date of filing; requiring the court to consider certain specified factors in determining if the obligor’s retirement is reasonable; amending s. 61.19, F.S.; prohibiting the court from granting a final dissolution of marriage with a reservation of jurisdiction during the first 180 days after the date of service of the original petition for dissolution of marriage to subsequently determine all other substantive issues except in exceptional circumstances; authorizing the court to grant a final dissolution of marriage with a reservation of jurisdiction to subsequently determine all other substantive issues only if the court enters such other temporary orders as are necessary to protect the interests of the parties and their children; providing circumstances in which the court is not required to enter a temporary order; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

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Update to Changes Proposed to the Florida Alimony Statute

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I previously wrote about a Florida House of Representatives Bill that proposed vast changes to the alimony statute and the “supportive relationship” standard to terminate alimony.

Florida Senate Frs Changes - Family Diplomacy | A Collaborative Law FirmThe Florida Senate has a competing bill, SB-748, which makes slightly fewer changes to the alimony standard and is somewhat less controversial than the House Bill.  The Senate summarizes SB-748 as follows:

  • Revises the factors that a court must consider in awarding alimony to include the net income available to each party after the application of the alimony award.
  • Requires the findings that a court must make in determining to award alimony be in writing.
  • Revises the circumstances under which a court may consider adultery by either spouse in its determination of the amount of alimony. Read more →

When Is Permanent Alimony Not Permanent? When There Has Been A Substantial Change In Circumstances.

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When a judge orders a spouse to pay permanent periodic alimony, he or she may feel resigned to a lifetime of indebtedness to the one person he or she is trying to forget about. It’s that word, “permanent,” that seems so…well…permanent. But, believe it or not, Florida law has contemplated that there are times when permanent alimony may no longer be appropriate (or when the amount of alimony may be reduced).

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