Showing posts with label jacksonville beach alimony. Show all posts
Showing posts with label jacksonville beach alimony. Show all posts

Monday, July 8, 2013

Is Florida Alimony on the Verge of Change?

Florida alimony will continue to be a hot issue in the legislature. But one thing's for certain. The current law is going to change. It’s just a matter of when and how. Governor Rick Scott vetoed that last attempt to change the law. The largest point of contention was the retroactive provision. Had the law passed, people who have been receiving alimony and depend on it would have lost access to these funds. People who would be affected by the new law protested loudly against it. Also, constitutional scholars questioned the legality of the retroactive provision. The US Constitution prohibits states from passing new laws that disable prior contracts.

Compromise will be necessary if the alimony reformers want change. Reformers say the law is antiquated and needs to be adjusted to reflect the current economic status of both husbands and wives. Here is an interesting link to an NPR talk about the alimony debate: http://thedianerehmshow.org/shows/2013-05-20/debate-over-ending-lifetime-alimony

Friday, May 24, 2013

Your Attorney Informs You of the Latest in the Alimony Legal Feud

Alimony is a legal obligation on one person to provide financial support to their (former) spouse after marital separation or divorce. Typically in the past this referred to a man continuing to support the woman. However, in recent times this is changing. In America there is now a greater push towards gender equality in alimony cases. In today’s times it is more possible that the man may be entitled to receive alimony funds from the woman.


Florida legislation came very close to passing a reform bill that would have ended permanent alimony. Many are shocked that Governor Rick Scott, who was the final link in the bill’s passage, vetoed the bill in early May. Had it passed, Florida would have been the fifth state to end permanent alimony.  However, supporters of the bill say the battle is far from over and we can expect to see more debate on this issue in the future.


The bill raised controversy especially among female lawmakers. The concern was that people, predominantly women, who have been receiving long term alimony would see this income rescinded if the bill would have passed. These criticisms were met with little sympathy by House bill sponsor Ritch Workman who stated, “I am not interested in protecting women any more than men in this bill. This is a gender neutral bill.” Yet the bill was disputed to be largely male driven as it is typically men who are not big fans of alimony.


It seemed as if the bill would pass and many are surprised at Governor Scott’s stance. In his veto letter he stated his reasons:


Because the subject matter of this bill involves family relationships, numerous Floridians have forcefully expressed their views on the topic.  Many Florida families have been impacted by the difficulties of marital issues, both concerning children and starting over.  As a husband, father and grandfather, I understand the vital importance of family.  In weighing the issues associated with this bill, however, I have concluded that I cannot support this legislation because it applies retroactively and thus tampers with the settled economic expectations of many Floridians who have experienced divorce.
Folks who support the bill say it is unfair for people to continue paying an order that ties them to their ex-spouse for the rest of their life, even during retirement. But those who are against the bill say this legislation is anti-family and anti-women because it punishes women who stay home to support their children. Now they will have no choice but to join the workforce.


Proponents of the bill said it is impossible to maintain the same standard of living as before because one income now must be split between two households. Often times men who pay alimony find this situation puts them at a big disadvantage as they try to move on with their life, or need to support aging parents as the years go by.

Lately I’ve been working with a lot of divorce cases. I prepare you by letting you know in most cases you WILL have to pay alimony, the question is how much and for how long? But I will do everything I can to minimize your exposure. I will continue to follow this issue and keep you informed if and when another bill is presented, which is most likely at some point.  If you are facing a divorce please call my office today. You need someone on your side to ensure your best interests are protected. 904-241-0012 or http://www.jacksonvillebeachlawyer.com/lawyer-in-jacksonville-beach-florida.html