Deciding who gets what after a divorce can be chaotic. But lawmakers are trying to bring order to the process by using math. The Senate's alimony reform bill uses a formula to determine how much alimony a person must pay and for how long.
The formula is based on the couple's gross income and the length of the marriage. Senator Kelli Stargel (Republican of Lakeland) says this helps make alimony decisions easier.
“We brought together the interested parties and asked them how they would structure alimony in today's marriages. And this is basically a fresh start. We completely rewrote the way we govern alimony by incorporating the factors and the formula-based model into the guidelines, similar to how we govern child support,” says Stargel.
Stargel says her bill is not based on an earlier bill that was criticized by activists who worried about the measure's impact on women. And that was ultimately vetoed by the governor, who raised concerns about the measure — including questions about the bill's retroactive effect. This time, the bill only applies to cases pending or filed after the measure went into effect. And Sen. Darren Soto (D-Kissimmee) says as a family law attorney, he supports the changes. He says under current law, he can hardly predict what outcome his client could expect. He says this measure puts all parties on a more equal footing.
“I think the way they do the initial calculation finally makes sense. This is something I proposed three years ago,” Soto says. “You look at the income of both parties and try to find the difference between them as a good starting point. That would then put both parties in an equal marriage in terms of their quality of life.”
And Soto says he also appreciates that the bill takes into account situations where the formula might not work.
“The way it would work in practice also makes sense, because the judge could follow the guidelines and leave it at that, but if a judge feels that the guidelines do not apply to the specific case, all he has to do is write down some findings and then he can deviate from them as he pleases,” Soto says.
Barbara DeVane, a representative of the National Organization of Women, says the Senate proposal represents an improvement over previous attempts to reform alimony laws. But she says she is still concerned about how the change could affect women who give up their careers to provide for their families and later divorce their husbands.
“Age discrimination is pervasive in the job market and the job market may have passed her by and she's trying to get a job and is being discriminated against. I don't care if she has any training or education. And of course, that doesn't apply to every job. But it does apply to a lot of women who stay at home, so I ask you to think about those older women,” says DeVane.
Tarie MacMillan works with the group Family Law Reform, which is a driving force behind the legislation. MacMillan says she pays alimony to her ex-husband.
“My ex-husband, who doesn't work, gets 65 percent of my income and I, who work, get 35 percent of my income after 12 years of litigation. This bill could have achieved a more balanced outcome without the need for such a personally and financially destructive litigation,” MacMillan says.
The Senate committee passed the measure unanimously. A similar bill is currently before the House of Representatives.
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