Let's face it. Alimony reform is not about fairness or justice or about finding a practical solution to chaos. If fairness were the desired outcome, the solution would be simple: equalize net income for a period equal to the length of the marriage.
But that is not the solution that is proposed.
What is being sought is a catastrophic reduction in the amount and duration of alimony. Why? Because men have the votes needed to pass alimony reform bill in the Florida legislature. Men are politically stronger than women. And women are afraid to tell their stories. This is power over law at its worst.
US Census data shows that child support reform is a men’s and women’s issue.
More than 96 percent of maintenance recipients are women. Many of these women have given their lives for the family so that their husbands can earn a higher income and support the family.
Today, at the advanced stages of a marriage, women are told that they are not equal partners and do not have the constitutional right to go to court because it is “too complicated” to achieve a fair and equitable outcome for every family.
This is utter nonsense.
Alimony is simply a matter of need and ability to pay. Not all women who divorce need or are entitled to alimony. But all are entitled to access to the courts and the right to fight for what they have given up. Judges have been able to resolve these issues efficiently and fairly for decades.
I find it insulting when men or women say they cannot retire because they cannot afford to spend a fraction of their income on tax-deductible alimony.
And what about the recipient? Under current law, without “reform,” they are not entitled to alimony on savings. Women are currently not entitled to alimony that exceeds half of their former spouse's income. And under current law, permanent alimony is awarded only as a last resort and can be adjusted at any time if circumstances change. In the past, reasonable alimony “reforms” have provided protection for both parties in a divorce.
The upcoming bills aim to equalize time sharing for the same reasons. More time sharing means less support. Regardless of whether the child has a stronger emotional bond with one parent, one works long hours, or has a drug or alcohol problem.
So please wake up, Florida. Injustice is being attempted under your nose under the guise of “preventing litigation.” Raise your voice. Don't allow women's rights to be trampled on just because rich men have organized and are convincing people that they are disenfranchised without any empirical or economic data to back up their theories.
Please email or call Governor Rick Scott and ask him to establish a task force to study this important issue.
Maintenance should be fair for both sexes. However, expecting women to pay less than men is obviously unfair.
Mark A. Sessums is a member of the American Academy of Matrimonial Lawyers and is admitted to practice in Florida and the United States District Court for the Middle District of Florida. He lives in Lakeland.
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