Controversial fight over alimony reform goes to DeSantis; but the retroactivity clause could destroy it a third time

For the third time in a decade, a child support reform bill is headed to Florida's governor's desk, and lobbyists and advocates from both parties will do everything they can to influence the governor Ron DeSantis at your side.

At the heart of the controversy is the retroactive nature of the bill, which will fundamentally change the legal landscape for thousands of Floridians currently living under a modifiable support agreement. Although supporters of the bill claim it is not retroactive, legal experts say this is simply wrong. By making the law applicable “to all lawsuits pending on or after July 1, 2022,” experts say, the bill would actually be retroactive, impacting the substance of thousands of current alimony claims, including those created under a negotiated contract were between two parties.

In short, anyone currently receiving alimony payments under a variable alimony agreement negotiated under current law will be subject to the new rules as part of any new changes to the agreement that take place if DeSantis decides to sign the bill. Future negotiations would be subject to the new “rules of the road” that neither party had anticipated when they agreed to the original terms, effectively changing the rules of the game for tens of thousands of families.

“The Family Law Section of the Florida Bar respectfully asks Governor DeSantis to carefully review and ultimately veto the policies in SB 1796 that will negatively impact Floridians – some of our state’s most vulnerable populations, including seniors and children to appeal against unjustified changes in maintenance and timeshare,” said Heather ApicellaChairman of the Family Law Section of the Florida Bar. “The changes to alimony payments proposed in this bill are retroactive, affecting existing and outstanding alimony payments and impacting countless marital agreements and final judgments.”

Reform advocates have tried to argue that the bill is not retroactive because nonmodifiable support agreements remain so and modifiable agreements are already modifiable, and the law doesn't change that.

“SB 1796 would modernize Florida’s child support law by making the process fairer and more predictable for all parties while reducing the costs of litigation,” said Marc Johnson of Florida Family Fairness. “This bill also protects children and allows both parties to retire with dignity, while giving courts the discretion to protect vulnerable dependents.”

However, family law experts say that the change in the legal landscape for future maintenance agreements and the applicability of these changes to existing agreements made under the previous rules is, in effect, a change of the rules of the game and therefore has a “retroactive effect”.

“This sets a dangerous precedent for contractual agreements in Florida, and we are deeply concerned that this public policy undermines justice and creates a system that heavily favors one party while needlessly harming the other.” “prolonged litigation, driving up divorce costs and creating backlogs in an already overburdened family court system.”

On two previous occasions, Gov Rick Scott has vetoed very similar bills, once in 2013 and again in 2016. In his veto message, he specifically noted the unfair nature of the retroactive effect of the proposed reforms.