Ron DeSantis signed a bill in late June that dramatically changed the way alimony is awarded in Florida. The most notable feature of the new law is the elimination of permanent alimony (which is exactly what it sounds like) in favor of a more complex system.
Instead of the uniform permanent alimony system, Florida will now award divorced spouses one of four types of alimony based on a series of court calculations. The new alimony formulas require courts to consider nine different factors before deciding which of the new types of alimony should be awarded to whom.
Four flavors
While permanent alimony arrangements require an ex-spouse to make payments indefinitely, the four new alimony arrangements have both time limits and strict conditions attached. The four types of maintenance arrangements are:
- Temporary: Temporary alimony can be granted temporarily during court proceedings and typically ends once the divorce is finalized and newly awarded alimony payments begin.
- Bridge the gap: This agreement involves regular maintenance payments designed to help the ex-spouse meet their needs as they transition from married life to financial and personal independence. Payments should not exceed two years.
- rehabilitation: Rehabilitation alimony is intended to provide financial support to an ex-spouse while they learn or regain skills or qualifications or gain the experience they need to get a job. These agreements usually include a specific plan and schedule.
- Permanently: In this arrangement, payments are made for a set period of time based on the length of the marriage.
Yes and no
The fight over the new law lasted nearly a decade and included four different versions of the law (Florida seems to love that number). Both sides of the debate made strong and reasonable arguments as to why the rules should or should not be changed.
The bill's critics were perhaps best exemplified by the First Wives Advocacy Group, an organization made up largely of older women who receive permanent alimony. Their argument was as clear as their motivation: they depend on the support they receive, and eliminating permanent support would effectively destroy their financial situation and upend their lives.
Among the bill's supporters is the group Florida Family Fairness, an organization that has advocated for the elimination of permanent alimony in the state for some time. Perhaps unsurprisingly, its members include a number of older men who pay permanent support. Their arguments and motivations are similarly clear: paying permanent alimony to ex-spouses effectively forces them to continue working for years after they otherwise would have retired.
Both sides of the debate seem to be arguing with great self-interest, so it is difficult to choose either side. On the one hand, it is not exactly noble to forego a maintenance arrangement if the recipient of the payments is not able to support himself. Then again, it's not the 1950s anymore; Taking away permanent support for the First Wives means they'll have to get jobs, but it probably won't put them out on the streets. Admittedly, it's not cool to have women in their 60s enter the workforce out of the blue, but it's also not cool to make men in their 60s delay or forego retirement.
But there is one piece of information that tips the balance in favor of the folks at Florida Family Fairness. Until early July, Florida was one of only seven states that allowed permanent alimony payments. The few others are Connecticut, New Jersey, North Carolina, Oregon, Vermont and West Virginia. Most of the rest of the country has transitioned from permanent alimony to alternative arrangements. That doesn't necessarily mean it's the right move, but it could mean it's a sign that legislation is adapting to a more egalitarian society than before. In any case, the fact that it seems to be working in most parts of the country could give Floridians hope.
You don’t have to solve this alone – get the help of a lawyer
Speaking with an attorney can help you understand your options and how to best protect your rights. Visit our attorney directory to find an attorney near you who can help you.
Comments are closed.