A bill overhauling Florida’s alimony rules has passed its first committee in the House. The move comes after Governor Rick Scott vetoed a similar effort a few years ago. But this year supporters of the bill say the measure strikes a better balance between the needs of families and those who pay alimony.
The new reform focuses on a formula for deciding how much money should be paid and for how long. The bill gets rid of current definitions of marriage as short, moderate or long-term and instead creates two categories – setting the mark for a long term marriage at 20 years. That concerns Rep. Lori Berman (D-Lantana)
“To go from 19 years and 11 months considering short and 20 years being long I think that’s a huge hump,” Berman says
Under the bill’s formula, those married for less than 20 years, could receive alimony for a quarter of the number of years they were together. While those married 20 years or longer could receive alimony for three quarters of the marriage. During a House Civil Justice Committee hearing, Berman asked bill sponsor Rep. Colleen Burton (R-Lakeland) how that decision was made.
Burton says she discussed t he bill with stakeholders as well as Rep. Ritch Workman (R-Melbourne) who is co-sponsoring the proposal and has championed similar efforts in the past.
“The work on this bill, was quite frankly based on the good advice of the family law section of the Florida bar as well as the alimony reform proponents and many people who quite frankly have a lot more experience in this than I do,” Burton says.
The Florida Bar’s family law section and the group Family law reform have butted heads over previous attempts at alimony reform. But bar spokesman Tom Sasser says this year’s alimony proposal is creates a good compromise.
“Every agreement of this nature, every concept like this requires compromise. This has been a product of compromise. It’s a product of balance,” Sasser says.
But Florida Now advocate Barbara DeVane worries not enough women have been consulted. She says that’s who the measure is most likely to hurt.
“I’m always especially concerned about older women who get married, stay home, raise children, get older and maybe the children have left home and the husband decides to trade her in for a younger model,” DeVane says.
Others like Rep. Cynthia Stafford (D-Miami) are concerned about the impact the bill could have on child support payments. Under the bill, child support and alimony cannot equal more than 55 percent of the payer’s income. Stafford doesn’t like the idea of lumping the two under the same cap. And she has other concerns as well.
“I don’t believe that it will decrease litigation. I think it might increase litigation. In a nutshell, I think it’s one sided and I think it unfairly benefits the payer at this point,” Stafford says.
Stafford also raises concerns about the untested formulas. She says the state should spend more time studying the numbers put forward in the bill since they’re not being used by any other state. The committee passed the measure along party lines after agreeing to an amendment from Rep. George Moraitis (R-Fort Lauderdale) which would increase the consideration given to adultery during alimony cases.
