The opinions expressed in Your Turn are those of the authors and not necessarily those of the Palm Beach Post editorial board.
Regarding the July 5 article about Gov. DeSantis signing a child support reform bill, which led to a complaint from the First Wives Advocacy Group that the new law was contributing to the “erosion of the institution of marriage in Florida”: “I think the law lifts a change in society’s view of marriage and the roles each spouse plays in that marriage.
In the past, the dynamics of spousal roles and responsibilities were very different than they are today. One spouse, traditionally the man, was the “hunter” and was responsible for gathering food and protecting the group. The other, traditionally the woman, was the “gatherer,” responsible for tending to the needs of the group and raising the children.
However, our views on “traditional marriage” have evolved and changed significantly over the past 60 years. This goes far beyond the role any spouse would play. Same-sex marriage was legalized in Florida just eight years ago. Additionally, new estimates based on health surveys from the federal Centers for Disease Control and Prevention suggest a strong generational shift in the growth of the transgender population in the United States.
Things change. If there is a generational change in thinking, at some point the laws will change too.
The Florida Legislature has been attempting to implement alimony reform for several years. Previous versions of the proposed alimony reform included retroactive application, which could have affected previously negotiated or litigated alimony payments that are currently in effect. The retroactivity provisions have been removed from the current version, which has now come into force.
For years, alimony payments have always been a moving target – with no formula or “calculator” to determine the exact amount or duration of a maintenance payment. Over the years, the law has evolved to categorize the length of marriage, which then lends itself to the terms and duration of alimony. This new law gives our judges less discretion and provides more parameters for awarding alimony. This should make alimony payments more predictable, eliminate exceptions, and encourage resolution of divorce matters. The more predictable the law is, the less likely a lawsuit will arise.
This change in thinking has led to changes in the law – but we cannot believe that this change will be universally accepted by everyone. But these changes are inevitable. Fighting against them is comparable to fighting against gravity.
And Floridians are taking notice. If you enter into a marriage where the roles are still the traditional “breadwinner” and “housewife,” then in the event of a divorce the housewife should no longer expect to receive as much alimony support as she did before this new law was passed.
Eddie Stephens is a board-certified matrimonial and family law attorney practicing in West Palm Beach.
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