With the Florida legislative session ended earlier this month the verdict was in . . . NO changes to Florida’s alimony laws in this round.
Of course, there’s always next year, and with the tenacity of certain lobbying groups this year, there is no question that alimony reform will continue as a hot button again, and change is lurking. In fact, the first round of recent statutory alimony changes took effect January 1, 2011, when a new “type” of alimony called “durational” alimony was added to Section 61.08, the Florida alimony statute. At the same time bridge-the-gap alimony, recognized by some courts as far back as 1979, was also included and defined in the statute as alimony awarded to help transition the lower earning spouse, usually in a shorter term marriage, from married life to single life.
When a court deems durational alimony is appropriate, it cannot last for longer than the term of the marriage. So, if one is married for eight years, the LONGEST (under durational alimony) a court can award a spouse alimony is for those eight years.
Last year the new law also defined three specific types of marriages, based on the number of years the spouses lived in marital bliss..Well, perhaps all was not blissful, but nonetheless... Section 61.08, Florida Statue defines a “short-term” marriage as one lasting up to seven years; an “intermediate term marriage” as one lasting from seven to 17 years, and a “long term marriage” as one lasting more than 17 years. Prior to these changes, judges had little consistent guidance on how to address the type and duration of alimony in marriages of 12 to 17 years, and relied on cases bearing very little consistency.
Nonetheless, as soon as the legislature enacted law where a “long term marriage created a presumption in favor of a permanent alimony award, six months later, in July 2011, the statute was revised, removing the “presumption” of permanent alimony for these 17 plus year marriages. In other words, a judge is not “required” to award permanent alimony in long-term marriages. So if you find yourself divorcing after 17 plus years of marriage, you need a skilled Florida divorce/family law attorney to persuade the Court of your position, whether for or against permanent alimony.
So what further changes were lurking this past legislative session that are certain to rise up again? A group called Florida Alimony Reform has spent considerable time and resources attempting to, most notably, effectively end permanent alimony in Florida. Indeed, after considerable lobbying on all sides, the bill (House Bill 549) advanced by Florida Alimony Reform passed the House 83-30, but, ultimately the Senate failed to take action on the companion bill.
Now the fine gentlemen (do they have any “women” members..? I have many women clients who are exposed to paying permanent alimony due to their superior earnings over their long-term spouses) would have the public believe that lawyers (I assume he means ALL lawyers) opposed the legislative change because, in at least the opinion of co-director Alan Frisher, it would mean less business for lawyers. This is simply not true. As one of my favorite law professors at Emory University said to my first year class many years ago, “the facts do affect the outcome of the case.”
A March 4, 2012 New York Times article, presumably in an attempt to attack Florida’s current alimony laws, quoted Tampa eye surgeon, Bernard Perez, presently suffering from cancer, who said that he “had been ordered to pay his former wife 85 percent of his income . . . ” The use of the past tense in Dr. Perez’s quote from the Times is very relevant. According to the appellate opinion, while Dr. Perez’s divorce was pending, a judge in Hillsborough County ordered the doctor to pay, what appears from the appellate decision, actually 88 percent of the doctor’s income on a TEMPORARY basis . . . that is to say, while the divorce was pending. Clearly the trial judge erred, and when Dr. Perez appealed the decision (while the case was still pending, and before a final decision on alimony) Florida’s Second District Court of Appeals, acknowledged this error and overturned the judge’s temporary decision. Therein lies the beauty of our legal system. When a party feels (and has legal grounds) that a judge (or jury) erred in a decision, he can appeal that decision before a higher court.
Now, knowing that the legal system is an imperfect machine, but albeit, the best one
available, the wiser parties (or the wiser attorneys of parties) try to compromise and resolve these issues. However, when such a total overreaching decision occurs, then that is what the appellate system is designed to address.
I can assure you that no legislation proposed by Florida Alimony Reform or any other lobbying entity, will so significantly overhaul alimony as it stands today, that it will escape appeals. So, is there a perfect solution? Easy answer...no....However, a well thought out, debated and investigated change to the future alimony statues beats one pushed through by some disgruntled men who hate the system and feel wronged by it.
By the way, permanent alimony is a misnomer, or, if you will, an oxymoron. Permanent alimony awarded by a court is always subject to change...marriage by the spouse receiving permanent alimony terminates it.....a spouse engaged in a “substantial supportive relationship” may have the alimony received reduced or terminated...retirement at an appropriate time constitutes a change whereby alimony may be terminated or reduced, and a former spouse, such as Dr. Perez, who suffers an “involuntary” reduction in income (i.e.: illness)would not have to pay his wife 85 percent of his reduced income... unless, of course, HE agreed on a period of alimony that was nonmodifiable for any reason whatsoever. That, of course, would have been his free choice to negotiate....not a decision thrust upon him under the current alimony statute.
Still confused? If you have alimony questions call the Law Firm of Cindy S. Vova, P.A. Whether you are in Miami-Dade, Ft. Lauderdale, Weston, Davie, Cooper City, Sunrise, Parkland, Coral Springs, Miramar, Margate, Boca Raton or Palm Beach, our experienced attorneys are here to assist you with questions on the who, what, where, when and why’s of alimony. If you’re worried about paying alimony or you’re worried about not receiving it, if you want to modify the alimony you pay or receive, if you’re owed alimony and you’re not getting it our experienced attorneys can give you straight answers. Call our office, centrally located in Plantation, for the low down on what’s up with alimony in Florida.
Cindy S. Vova
The Law Office of Cindy S. Vova, P.A.
8551 West Sunrise Boulevard, Suite 301
Plantation, FL 33322
954-316-3496
cindyvova@vovalaw.com
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