Update to Changes Proposed to the Florida Alimony Statute
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.
The 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.
- Allows a court in determining the amount of alimony to be awarded to consider the adultery of a party only to the extent to which the adultery caused a depletion of marital assets or a reduction in the income of a party.
- Renames “permanent alimony” to “long-term alimony” and requires the court to make a finding that no other form of alimony will provide for the needs and necessities of life of the recipient as established during the marriage of the parties.
- Requires a court to make written findings regarding all relevant factors under the court’s consideration when ordering an award of alimony.
- Specifies circumstances under which the retirement of the obligor of an alimony award justifies the modification of the alimony award.
- Limits the circumstances in which a court may grant a final dissolution of marriage with a reservation of jurisdiction to subsequently determine all other substantive issues.
- Prohibits a court from reserving jurisdiction to reinstate an alimony award if the court terminates the award based on the existence of a supportive relationship.
- Provides that the modification or termination of an alimony award based on the existence of a supportive relationship may be retroactive to the date of the filing of the petition for modification or termination.
- Prohibits a court from awarding long-term alimony unless the court finds that no other form of alimony will provide for the needs and necessities of life of the recipient as established during the marriage.
- Prohibits a court from requiring security, such as a life insurance policy or bond, to secure an alimony award unless special circumstances are shown.
In future posts I will provide the text of the senate bill and discuss the effects of these proposed changes.
If you have questions concerning alimony or modification of alimony and you wish to speak with a Tampa Bay Divorce Attorney, contact The Law Firm of Adam B. Cordover, P.A., by calling us at (813) 443-0615 or filling out our online form.
The senate bill makes essentially no changes and still leaves a judge the ability to force punitive, multiple alimony, possibly permanently rather than requiring a single judgement with a limited duration.
I’ve never cheated, but if I have a bad marriage, the current law doesn’t let me stay until my kids graduate. My spouse is very talented and can secure a well-paying job, but won’t – even though we have significant financial hardship right now.
I want a law that clearly states guidelines and maximums that are fair. Senator Flores’ rewrite does no such thing.
My spouse reads my email so I can’t respond to any automatic confirmation method.