Fort Meyers, FL- Many people see alimony as an unnecessary burden on spouses and would like to see Florida’s alimony laws changed. And there is a good chance that Florida lawmakers will be successful in their latest, and second, attempt to reform the state’s alimony laws and could eliminate lifetime alimony.
If passed, the new law would set out guidelines on how alimony is awarded without a controversial provision that led Governor Rick Scott to veto a similar bill in 2013, according to the Sun Sentinel. Scott objected to a portion of the law that eliminated alimony payments in past cases.
House Rules Chairman Ritch Workman is still putting the final touches on the legislation, but this time around the legislation won’t apply retroactively. That means anyone awarded alimony before the legislation is enacted would still receive payments as prescribed. The legislation will, however, allow judges to determine alimony payments similar to the way child custody is awarded, Workman explained to the CBS.
When determining alimony, divorce court judges would be allowed to consider the length of marriage, each spouse’s income and other metrics. Judges will also have latitude when extenuating circumstances are present. Workman told CBS that since the legislation is still in the works, he couldn’t reveal specific details, but expects that the formula used will be similar to the formula used to establish child support payments.
Even though the legislation hit road blocks last time it was introduced, there is a good chance it will pass this time around. Workman has spent the past couple years working closely with parties on both sides of the argument to craft the new legislation and removed some of them more controversial provisions.
If passed the legislation would put an end date on alimony payments, effectively eliminating lifetime alimony payments. The legislation could also eliminate alimony payments once the paying spouse reaches retirement age or their employment or financial circumstances change, according to
Alimony is a throwback from the days when women rarely worked outside and was established to ensure that, in the event of divorce, a non-working spouse receives the financial support they need. Alimony is especially important for older women who act as primary caregivers to children or other family members and may find it difficult securing employment at their advanced age.
Some divorced spouses don’t receive alimony, instead they are awarded spousal support, which is intended to maintain their standard of living. Whether one spouse is seeking alimony or spousal support, they need an experienced Florida divorce attorney working in their case.
A number of factors considered when alimony and child support payments are determined. Those factors can include a divorcing individual’s financial obligation, needs, income, the divorcing party’s age, duration of marriage, and reasons for marital breakdown. When you are trying to get a fair alimony or child support, you need a divorce attorney on your side, arguing on your behalf. If you don’t have someone on your side who understands the state’s divorce laws, you could be shortchanged in your final divorce settlement.