Possible Alimony Law Changes?

They say that alimony is the high cost of leaving a relationship. It’s definitely a sore subject for many, and a topic of endless jokes to many more.  There is currently a Bill (HB 549) that has been passed by the House and is on its way to the Senate that could dramatically change the way Florida courts rule on alimony. 

While I do not purport to be for or against this Bill, the proposed changes are significant, and there are plenty of outspoken individuals and groups both in favor of and against the proposal.  

What follows is a small glimpse into the proposed changes.  As you read through them, you can see why it is the payors (the ones making the alimony payments) who are so much in favor of these changes, as the new law would provide some, as they would say, much needed regulations and restrictions on alimony awards.  The most notable changes that I see are as follows:

• At the outset, the parties would have to presume that they would each have a lower standard of living after the dissolution of the marriage.  The way it stands now, the goal of the parties is to maintain the same standard of living as existed during the marriage.  This is nearly impossible in most cases, especially in today’s economy.
• The duration of the alimony payments would be half of the length of the marriage, and if the court wanted to order a longer period of time, they would have to provide specific reasons for doing so.  This puts a time limit on the payment of alimony, as opposed to it lasting until death or remarriage. 
• The amount of alimony would have a limit.  Currently, judges decide cases independently, and awards can range from no alimony to up to 70 percent of a payor’s income.
• An alimony award could not leave a payor spouse with a lower net income or standard of living than the recipient spouse.
• If an ex-spouse remarried, the income and assets of a new spouse could not be considered as a basis to increase alimony.
• Adultery could be used in determining alimony awards if it led to depletion of marital assets or decrease in family income.
• The definition of a long-term marriage would become 20 years, no longer just 17.
• The court would be required to terminate or reduce alimony upon the finding of a supportive relationship of a former spouse.
• A judge would not have the ability to use a second spouse’s income or assets in a modification proceeding.
• The current case law that allows parties to file for a modification in anticipation of retirement would become statutory in nature.
• There would be a right to retire at federal retirement age (currently 66) and end payments in most cases.  Currently, there is no such guarantee.

As a local attorney specializing in marital and family law, I recognize that these changes, if passed, will streamline the alimony determination process.  I believe that this is what the legislators are trying to do - for better or worse.  As it stands now, it is essentially a crap shoot – you never know what you will or will not get.  If it passes, one thing is certain, it will definitely have a huge effect on any case that has alimony potential.