HAVE YOU HEARD ABOUT THE PROPOSED CHANGES TO THE LAWS ON ALIMONY AND
TIMESHARING WITH MINOR CHILDREN?
Written by: Attorney Dylan Hall
In a divorce proceeding, two of
the most commonly fought-over issues are alimony payments and each parent’s
timesharing with their children. While it is no surprise that such important
issues are often highly contested, a major reason for the difficulty in
resolving them is that many attorneys view the current Florida laws regarding
alimony and timesharing as outdated and difficult to work with.
Alimony may be ordered by a Judge
and requires the higher-earning spouse to contribute
toward the difference in the couples’ incomes by giving the lower-earning
spouse monthly payments after they are divorced. The duration of these alimony
payments is usually determined by how long the couple was married. Current
Florida law generally provides that when alimony is appropriate, the payments shouldn’t
last longer than the total length of the marriage itself. However, if a couple is married for longer than 17 years, the higher-earning spouse may be ordered
to make monthly alimony payments to the lower-earning spouse forever.
On top of that, a Judge has the authority to order permanent alimony even
for marriages that last significantly less than 17 years. The only way the
permanent alimony payments can ever be stopped, is if the lower-earning spouse
remarries or enters into a relationship with someone where they are financially
supported the same as if they were married.
Many feel that permanent alimony,
as currently allowed under Florida law, is too generalized and doesn’t take into
account important factors particular to each marriage. Because of this, the
Florida Senate just passed a bill (SB 668) that would do away with the current
Florida law on alimony. Instead, this bill would require a Judge to use a
standard formula based on length of marriage and
the higher earning spouses’ incomes to determine an amount and duration of alimony payments.
This scheme would largely end permanent alimony in the state of Florida and
provide a much-needed predictable and reliable method for anticipating and
determining likely alimony awards. If signed into law, this bill will take
effect on October 1, 2016.
In addition, this proposed bill
would also make a substantial change to Florida law regarding timesharing with minor children. As the law currently stands, there are no standard timesharing arrangements when a couple initially files for divorce or
files a case to determine the paternity of a minor child. This can cause
significant conflict regarding which parent gets to have and care for the child, both
temporarily and permanently, which is of course very difficult on the parents
and, most importantly, the children. To address this shortcoming, the proposed
bill would make it standard practice for both parents to have equal timesharing in the best interest of the children, and therefore the parents
will automatically be required to split their time with the children 50/50 unless and until an actual
timesharing schedule can be agreed upon or established by a Judge. Furthermore,
if one parent feels that the other parent should not have equal timesharing,
that parent will need to convince the Judge as to why they should receive the
majority of timesharing at the other parent’s expense.
As you can see, this proposed
bill will create significant changes to the law regarding two major areas of
contention in divorce and paternity cases, alimony and timesharing. Because of
this, it is more important than ever to be represented by legal counsel that
stays up to date on the newest laws and fully understands the repercussions of
these changes. Should you have any questions regarding this proposed bill or
any other legal questions whatsoever, please don’t hesitate to call our office
and schedule a consultation with one of our attorneys.
Citations:
https://www.myfloridalaw.com/alimony/florida-alimony-reform/
