In this edition of the Men’s Rights Law Firm blog, we will discuss the pending alimony law changes that could become reality in the near future. The following is in an FAQ format, and may hold answers to questions by those facing unjust alimony obligations in their divorce decrees:
1. What are your thoughts on the proposed changes to alimony in Florida?
The cornerstone of the proposed changes is the creation of guidelines for determining alimony. Currently the only guideline available to Family Court judges is a fact-intensive formula that considers need on the one hand, and ability to pay on the other hand. This “formula” makes alimony currently a moving target that is incapable of precise calculation. Different cases with similar facts often result in differing alimony awards. Guidelines, that are tied to indisputable facts, will result in predictability and certainty in alimony awards. When there are guidelines in place, a family law client meeting their attorney for the first time can be provided with a range of potential alimony awards that can be calculated in the same way that the court will calculate it when the time comes. The current proposal, if adopted, will instill certainty into an area of law that is currently fraught with uncertainty.
2. What are the current alimony guidelines in Florida? How do they compare with the rules in other states?
As noted above, the current “guidelines” are a fact-specific analysis of need vs. ability to pay, which yields wide-ranging opinions and arguments and awards that can be made. Many other states have guidelines that are mathematically precise, but Florida’s current guidelines are imprecise and are based, in part, on subjective factors that are intended to yield “equitable” results.
3. Can you give examples of how alimony would be treated under the existing and proposed guidelines — perhaps for a 10-year marriage and a 25-year marriage?
The new guidelines, as proposed, will use four formulas that will provide a range of amount of alimony and duration of alimony. The four formulas provide 1) a low end for duration of alimony, 2) a high end for duration of alimony, 3) a low end for amount of alimony, and 4) a high end for amount of alimony. So, what you will have will be alimony of between $A and $B for a duration of between A and B years. The discretion of judges will be limited unless exceptional circumstances can be shown, and must be based upon specific listed factors that are similar to the current factors.
a. Assume a 10 year marriage where the Wife makes $100,000/yr. gross income and the Husband earns $50,000/yr. gross income. The new guidelines would suggest alimony to the Husband of between $7,500 and $10,000/year for between 2.5 and 7.5 years
b. Assume a 20 year marriage with the same incomes. The new guidelines suggest alimony to the Husband of between $15,000 and $20,000/year for between 5 and 15 years
4. Would the proposed changes to the state’s alimony law affect couples who are already divorced (retroactive)?
As currently written the law does not include retroactivity. In 2013, when a similar bill that included retroactivity passed the legislature but was vetoed by the Governor, one of the reasons cited by the Governor for vetoing the bill was the automatic retroactivity language. This time the legislature appears that they will not include retroactivity in the bill, although the bill is still in committee and has not yet come up for a vote. It is anticipated that a vote will occur in the middle of the next legislative session, which begins in January 2016, and that the Governor will sign it sometime before the bill becomes effective on July 1 or October 1, 2016 (there are different but similar bills in the House and the Senate which will need to be reconciled before enacted, which have different effective dates at this time).