Florida
legislation currently creates a presumption of permanent alimony for long-term
marriages, while simultaneously creating a presumption against permanent
alimony in short-term marriages. This legislation has drawn the attention of
numerous family law attorneys, legislators, and members of the public. In the summer of the 2013, the Florida
legislature attempted to revise the current alimony laws but with no success –
the bill did not become law. The proposed changes are likely to be heard again
during the next legislative session.
Permanent
Alimony
Permanent
alimony is exactly what it sounds like: upon dissolution of a marriage, one spouse pays alimony to the other spouse for the rest
of their natural life, or until the other spouse dies – whichever comes first.
Permanent alimony also terminates when the receiving spouse remarries, but many
opt for cohabiting with a new lover, rather than re-marrying, so they can
continue to receive payments. A paying spouse can seek an award modification or
termination if able to present evidence of a substantial change in their
circumstances.
Current
Alimony Law
Title VI, Chapter 61, Section 8 of the current Florida
Statute provides that permanent alimony may be awarded for the needs and
necessities of life as they were established during the marriage of the
parties. In Florida, the award of alimony is dependent upon the duration of the
marriage. A marriage of less than 7 years is considered short-term, a duration
of 7-17 years is considered medium-term, and a marriage that lasts 17 years or
more is considered long-term. Florida law provides that permanent alimony is
presumed in long-term marriages, but not in short-term marriages. The court can
also award durational (rather than permanent) alimony that can last up to the
length of the marriage.
Proposed
Alimony Law
The
proposed law changes the duration of marriage requirement. For example, the
proposed law request the following changes regarding duration of marriage: A
short-term marriage would be considered less than 11 years, medium-term would
be 11-20 years, while a long-term marriage would be over 20 years. Furthermore,
the proposed law would create a rebuttable presumption against any form of
alimony in short-term marriages, so this means that there can be alimony
awarded in a short term marriage; however, the spouse in need of the alimony
would have to prove a need and that the other spouse has the ability to pay it.
There would continue to be a presumption in favor of a form of alimony in
long-term marriages; however, and most notably, permanent alimony would be
completely eliminated. This means that in a long-term marriage the spouse from
whom alimony is requested would have to prove that he or she does not have the
ability to pay alimony or that the other spouse does not have the need for the
alimony.
There
is no presumption in favor of alimony for either party in a medium-term
marriage. Rather the court has the discretion to determine and award a monthly
alimony amount, but the award cannot exceed 30% of the spouse's gross income --
a new guideline incorporated in the proposed law (see below). The proposed law
allows for an award of durational alimony with limitations. Durational alimony
could be awarded up to half the duration of the marriage. Under exceptional
circumstances, the court would have discretion to award more alimony, but most
cases will fall under the parameters of the proposed law, so ideally this court
discretion would be used at a minimum.
Proposed
Law and Alimony Guidelines
Currently,
the Florida Statute does not have strict guidelines pertaining to the amount
and payment of alimony, compared to how it handles child support. The proposals
then present the following limitation on the amount of alimony payments as it
relates to the paying spouse: no more than 25% of the gross income for
short-term marriages, no more than 35% of the gross income for medium-term
marriages, and no more than 38% of the gross income for long-term marriages.
Get
Help
Partner
with a Tampa Bay divorce attorney at All Family Law Group, P.A. to get effective solutions to your family law issues. Call
us to discuss your situation at 813-672-1900 or contact us online.for an initial consultation at no charge.
