CLICK HERE FOR A FLORIDA ALIMONY REFORM UPDATE
UPDATE: GOVERNOR SCOTT VETOES SENATE BILL SB 718.
READ MORE: HERE
Florida House Passage of Florida Senate Bill SB 718 Makes Alimony
Reform Close To Reality
With the Florida House of Representatives passing the Florida Senate’s alimony reform bill, comprehensive alimony reform is one step closer to becoming a reality in Florida. Senate Bill SB 718 convincingly passed the Florida House 85 to 31. Given the strong support of Senate Bill SB 718, it is likely Governor Scott will sign Senate Bill SB 718 into law.
Senate Bill SB 718 will have a dramatic impact on Florida’s family law landscape. There will be a wave of alimony modification litigation if Senate Bill SB 718 becomes law.
Senate Bill SB 718’s time table for modification of existing alimony obligations:
1. A person paying alimony who is subject to alimony of 15 years or more may file a modification action on or after July 1, 2013.
2. A person paying alimony who is subject to alimony of 8 years or more, but less than 15 years, may file a modification action on or after July 1, 2014.
3. A person paying alimony who is subject to alimony of less than 8 years may file a modification action on or after July 1, 2015.
Senate Bill SB 718 Changes to Time-Sharing (a/k/a Child Custody)
In addition to reforming Florida’s alimony laws, Senate Bill SB 718 makes equal time-sharing (a/k/a custody) between the parents the norm unless there is clear and convincing evidence justifying a departure from equal time-sharing. Personally, I think this portion of Senate Bill SB 718 will create more child custody litigation because their are numerous circumstances where equal time-sharing is not in the best interests of a child, even when both parents are good people. When it is not in the child(ren)’s best to have 50/50 time-sharing with both parents, Senate Bill SB 718 will make it necessary to heavily litigate child custody issues to meet the clear and convincing burden of evidence. For more information on Senate Bill 718’s changes to time-sharing, click on the following link to a blog post discussing the proposed 50/50 time-sharing.
Excellent Job Lobbying By Florida Alimony Reform
Florida Alimony Reform (FAR no longer exists in it prior form), the group spearheading Florida alimony reform, did an excellent job lobbying the Legislature and getting the message of alimony reform out to the public. It appears that FAR’s hard work is about to pay off. As a family law practitioner, I will be working through the result of the changes for years to come.
Contact The Taylor Law Office
If you have questions about how Senate Bill SB 718 may impact your family law case or whether modification of alimony may be appropriate, please contact us at 904-339-5298 or click on the contact form above. Your first consultation is free.
When will Governor Scott get this bill and pass it to make it a law. I am going through divorce and need to know because we are going on 19 yrs. and if does not get passed before we settle would I fall under the roll as it is right now that 17 yrs
or longer is long term marriage.
Governor Scott should make a decision by May 15, 2013. His office is currently being heavily lobbied by both sides of this issue.
Best Regards,
Christopher Taylor
I was married 19 yrs…about 6-7 months short of when my ex filed…I Pray to God that she (with her conniving/vindictive/surgically planned effort to cut my throat/destroy my hopes of retirement/and financially ruin me falls into the hands of Gov. Scott- in an effort to repeal “lifetime alimony”…had I not re-married, I would be under poverty level since 2007 (actually 2002) when I dropped and worked as a teacher for five more yrs, after being vested…she moved into a home(of the man she married 4 mo. after our divorce was final); and I live in a 2 bedroom apartment in a getto type area…If the Good Lord hadn’t sent me to the church where I met my current wife…I might not be alive today, because it DEVASTATED me (emotionally/financially/and without Divine Intervention- just might have ENDED it all in 2002- God had other Plans…Thanks to the Grace and Mercy of Jesus (my friend and helper-in time of need)
I just retired as a school teacher after 35 years of service. I am not eligible for social security only a pension (about 35% of my past income), my husband plans to divorce me as soon as our son graduates from high school- we are on our 18th yr. of marriage. Recently he is insisting that I get a job and that we get a secret divorce (secret as in not tell our only child) for tax purposes. His income is substantial, could there be a hidden agenda here?
It’s hard to say. I suggest consulting with a family law attorney (in private) in your area.
I’m currently in the end portion of my divorce. Mediation has not worked. It is a short term marriage of only two years but I gave up my lifetime career to work for this monster who had an affair fired me and has cut me off of all spousal support. I’ve been diagnosed 1 1/2 yrs ago during the marriage with severe health issues which impede me from seeking employment at this time. Due to the trauma of the situation and financial clapse of my life I now also suffer from severe depression and anxiety . Doctors have concluded I’m not a candidate for employment and had to leave my home of 22 yrs and rent it to not lose it. I just wanted bridge the gap or rehabilitative alimony for 6 mths to a year and I’ve been denied everything and now thru marital distribution they also want to take my only means of transportation. I don’t agree with these new laws everyone is different. I believe whether its 2 yrs or 20 yrs your still a person and a wife. I also believe florida needs to get rid of the good ole boy system and do like other states. If your at fault and cause harm to someone’s life you should be held accountable for your actions
Gina
I wrote a piece on my opinion of the proposed reforms to short term alimony: http://www.jacksonvilledivorcelawattorney.com/family-law-blog/florida-alimony-reform-too-far-on-short-term-alimony/