Tag Archive for: temporary alimony

Florida Alimony Reform 2023

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

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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.

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The Truth: Alimony is Arbitrary

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I recently came across an article on how alimony is awarded in different states.  The article, titled “A Survey of Lawyers’ Observations About the Principles Governing the Award of Spousal Support Throughout the United States,” was written by J. Thomas Oldham of the University of Houston Law Center.  Here is the abstract:

Abstract

At the beginning of this project, I distributed 5000 questionnaires to family lawyers around the country. I asked the lawyers to respond by estimating the spousal support award, if any, that would result for six hypothetical divorcing couples in their jurisdiction. While the response rate was not great, the responses received suggest that there are three different types of spousal support systems in the U. S. today. In some states, spousal support is rarely awarded, and then only to prevent severe hardship. In others, spousal support is frequently awarded when the spouses’ incomes are substantially different at divorce. In most states, however, it appears that there is no clear spousal support policy, and the award, if any, in any given case is the result of which judge is assigned to hear the matter. In these states, spousal support determinations appear to be arbitrary. I have included as an appendix to my article a summary of the responses.

Some states have responded to this lack of clarity regarding spousal support standards by adopting guidelines. These guidelines attempt to provide more uniformity in terms of award amounts and award duration. To date, they have not attempted to provide guidance regarding when a spousal support award is warranted. In this article, I discuss how spousal support standards could be clarified in those states where there appears to be no clearly accepted policy.

I would say that Florida falls into the last category:  there are no alimony guidelines, and the amount you might receive or pay is highly dependent on the whims of the judge you are in front of.

That is, if you let the judge decide the amount of alimony.

You Can Be Your Own Judge

More and more families are coming to realize that going through a court battle is, in most cases, the worst possible way to divorce.  If you choose a private form of dispute resolution, such as the Collaborative Process, you and your spouse will have the final say on the amount of any alimony.

In the Collaborative Process, you and your spouse each have separate attorneys to guide you.  However, the attorneys are not there for opposition research or to prepare for trial; rather, they are there solely for the purpose of helping you reach an out-of-court agreement.  This means that no time, energy, or money is spent fighting in court.

Oftentimes, a neutral financial professional will help you and your spouse develop and analyze financial options that work best for your family.  The financial neutral can do a lifestyle analysis to determine what has been spent in the past and where there might be efficiencies that can be created in a spouse’s cash flow.   The financial professional will oftentimes also look into whether there are tax loopholes that might allow the family to enlarge their proverbial pie.

So do your family and your future a favor and consider the Collaborative Family Law Process.

Speak with a Collaborative Attorney

Adam B. Cordover is co-author of an upcoming American Bar Association book on Collaborative Divorce.  Further, Adam trains attorneys, mental health professional, financial professionals, and mediators in the Collaborative Process throughout Florida and the U.S.

2016 Florida Alimony Reform Bill Vetoed

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The Tampa Bay Times is reporting that Florida Governor Rick Scott has vetoed SB 668, a bill that was intended to make large-scale changes to the state’s alimony and child custody laws.

Rick Scott (cropped).jpg

For the first time, the bill was set to create alimony guidelines that calculated a presumptive range for the amount and length of spousal support.  Further, the bill would have directed judges, when establishing custody schedules, to start out with the premise that each parent should have approximately an equal amount of time with children.

It was that second point that seemed to be the sticking point for Governor Scott.

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2015 Florida Alimony Reform – Proposed Factors for Alimony

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In a previous post, I wrote about Florida House Bill 943 and the proposed alimony guidelines contained in the bill.  Florida currently has no guidelines for alimony, and the bill creates formulas which would implement presumptive ranges for the amount and duration of alimony that a judge could order, making awards more predictable.

As an update to my prior post, HB 943 has been amended.  As of the date I am writing this, the years of marriage is multiplied by 1.5%, rather than 1.25%, in the formula to determine the low amount of alimony that a judge could order.  There are likely to be more changes to the bill before the it passes both houses of the Florida legislature and is signed into law (if, indeed, it makes it that far).

So, if the alimony guidelines become official, where in the range of amount and duration of alimony will any particular award fall?  The bill sets out certain factors to help a judge make this decision:

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Florida Family Law: Mandatory Disclosure

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When you file and serve a petition in a Florida family law case that involves financial issues such as child support, alimony, or the division of property in debts, a clock starts ticking.  Within 45 days of the initial pleadings being served on the respondent, each party is required to provide the other party with a whole host of financial documents and information.

This is what is known as Mandatory Disclosure, and it is governed by Rule 12.285, Florida Family Law Rules of Procedure.

The following are a list of documents that are required to be exchanged:

(1) A financial affidavit in substantial conformity with Florida Family Law Rules of Procedure Form 12.902(b) if the party’s gross annual income is less than $50,000, or Florida Family Law Rules of Procedure Form 12.902(c) if the party’s gross annual income is equal to or more than $50,000, which requirement cannot be waived by the parties. The financial affidavits must also be filed with the court. A party may request, by using the Standard Family Law Interrogatories, or the court on its own motion may order, a party whose gross annual income is less than $50,000 to complete Florida Family Law Rules of
Procedure Form 12.902(c).

(2) All federal and state income tax returns, gift tax returns, and intangible personal property tax returns filed by the party or on the party’s behalf for the past 3 years.

(3) IRS forms W-2, 1099, and K-1 for the past year, if the income tax return for that year has not been prepared. Read more →

Florida Child Support & Alimony: What is an Obligee? What is an Obligor?

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If you are going through a Florida family law case involving alimony or child support, you have probably run into the terms “obligee” and “obligor.”  So what do these terms mean?

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Modifying Florida Alimony

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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.

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Florida Child Custody Reform 2013

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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):

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Update: Florida House Debates Alimony Reform Bill

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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.

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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