The legislature approves the maintenance reform
Sen. Joe Gruters
Senator Joe Gruters, the Sarasota Republican who has led support reform for the past three terms, succinctly described his current measure, SB 1416, during his April 5 testimony before the Senate Rules Committee.
“You’re going to hear some opposition … but we’ve had massive opposition to every single provision of this bill in the past from two very different quarters — the Advocate Group and the Reform Group agreed on every single thing,” Gruters said.
Action to abolish perpetual alimony in Florida and replace it with perpetual alimony based on length of marriage now rests with Gov. DeSantis after a 102-12 vote in the Florida House of Representatives.
Gruters said the proposed reforms offer divorcing couples more predictability and consistency by setting clear, definitive parameters for the courts when it comes to the amount and length of alimony.
The bill provides guidelines for the court to decide whether to reduce or stop alimony payments due to a payer’s retirement. The guidelines codify the existing case law that followed the Florida Supreme Court’s 1992 decision in Pimm v. Pimm goes back.
Although there were some objections to the bill, it appeared to replace partisan politics. Of the 12 no votes, four were Republicans. Neither side of the aisle expressed dissent through questions or debates in the House of Representatives.
The Family Law Division of the Bar Association supported the bill this year.
Last year, when both chambers passed SB 1796, Section Chair Phillip Wartenberg told the News that the legislation would retroactively overturn existing agreements, spark bitter custody battles and endanger children.
“Last year’s version of this bill contained unconstitutional repercussions,” Wartenberg told the Senate committee. “The provisions have not codified the long-standing case law in Pimm v. Pimm. This bill does. It codifies Supreme Court precedent that has existed for over 30 years. The section prefers that to an alternative like the one we saw last year when we fought very hard for a veto.”
Wartenberg said the section, along with members of the Florida Academy of Matrimonial Lawyers, has been in discussions with Senator Gruters and other stakeholders to help draft this legislation.
The coming together of the two sides was enough for Democratic Ladder Assemblyman Mike Gottlieb to get many of his members to vote yes.
Speaking before the House Judiciary Committee on April 11, Gottlieb, a criminal defense attorney, read the speech and agreed with Armstrong that this bill was not retroactive.
“Special, [the bill says] “The court will apply this section to any first motion for dissolution of marriage or alimony ending or filed after July 1, 2023,” Gottlieb said. “I like that the legislative intent has been clarified today and is not intended to apply retrospectively.”
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