Both of these are radical attempts to eliminate / reduce certain types of spousal support.
In essence, if enacted, the new bills would:
- Eliminate permanent alimony.
- Eliminate ability to award a combination of forms of alimony in appropriate circumstances.
- Caps alimony at 20% of payor’s net income averaged over last three years of marriage.
- Eliminates “standard of living” as a factor in determining alimony.
- Eliminates income from non-marital assets as source of payment for alimony.
- Caps length of durational alimony to one half the length of the marriage.
- Long term marriage (20 years) term cannot exceed 60% of length of marriage.
- Alimony terminates at payor attaining full retirement age
- Obligor’s new spouse’s income would be be considered in modification action.
While there is a good argument that alimony reform, such as the implementation of “alimony guidelines”, is needed the changes suggested by these bills are RADICAL and UNFAIR. It would deprive the Court of their ability to take into account the recipient’s financial realities as to the necessities of life as opposed to an arbitrary percentage of the Obligor’s income. There is no real rationale behind many of these changes which lock a Court into positions that may not fit the individual circumstances of a particular family’s reality.
If you have an opinion one way or another, please share it with your Florida Legislator.