IS IT TIME TO REFORM THE FLORIDA ALIMONY LAWS?
As it stands, Florida law lets a judge decide almost every issue in awarding alimony in a divorce.
The case law guiding the award is very open-ended and leaves it up to the judge’s discretion. It is almost impossible to get an order of alimony overturned on appeal. Now the Florida Senate is getting ready to take a good majority of the decision making away from the court system and change a large amount of the last 50 years of law. Maybe for good – or for bad?
Some of the highlights of “S/HB 549: Dissolution of Marriage” provide:
1. Limit on Awards of Attorneys’ Fees.
2. Termination of Permanent Alimony and Creation of Long Term Alimony for marriages of over twenty years. There would be a presumption that alimony terminates upon retirement.
3. Requirement to Look at the Earning Capacity of the Receiving Spouse.
4. A refund of alimony if the recipient is in a Supportive Relationship.
5. Standard of Living of Parties. A rebuttal presumption that both parties will necessarily have a lower standard of living after the dissolution of marriage than the standard of living they enjoyed during the marriage.
6. Life Insurance- If the court awards life insurance, the cost of the life insurance or a bond would be deducted from an alimony award.
These are pretty deep and dramatic changes to the current law. As it now stands awards of permanent alimony can be awarded in almost any marriage – and it is not unusual for an award in a 15 year relationship. Of course attorneys’ fees are out of control when it comes to these issues. It is not unusual for folks to spend 20 -50 thousand dollars in fighting over alimony. We are not so sure if this Bill is going anywhere, but it is indicative of change in the air regarding this issue.
If you have any question regarding this or any other legal matter our firm may be able to help you. Please contact Jupiter Legal Advocates at (561) 748-8000 or email us at [email protected] for further information and assistance. We try our very best to respond immediately.
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