By Jeffery M Leving
The reasons couples divorce tend to be complex and nuanced, yet too many states have a simple, one-size-fits-all mentality when it comes to alimony.
However, the state of Florida just enacted a spousal support reform law that went into effect July 1, which should better reflect the complexities involved in a divorce and should be used as a model for other states.
The changes apply to initial requests for dissolution of marriage filed or pending on July 1, 2023, as well as certain supplemental requests to change alimony.
The most important change is that the law abolished permanent alimony and instead introduced four types of alimony: temporary alimony, bridging alimony, rehabilitation payments and permanent alimony. Depending on the case, courts may order payment in one lump sum or as periodic payments.
Attorney Jeffery M. Leving, author of Fathers’ Rights, Divorce Wars and How to be a Good Divorced Dad. His books are now available at several Little Free Library locations, including this one at 3415 W. Arthington St. in Chicago.
Contrast that with a state like Illinois, which takes a rather unconventional approach to child support payments.
Illinois has two types of alimony, which that state calls “alimony”: temporary alimony, where a judge directs a spouse to pay temporary alimony during the divorce process, and long-term alimony, which is divided into three categories: temporary maintenance , Perpetual Maintenance and Verifiable Maintenance.
The new Florida law will also allow courts to consider the adultery of either spouse and its ramifications when determining the amount of child support to be awarded.
Florida courts must also consider nine factors when determining alimony. The first question is whether the party seeking support actually has a need for it and whether the other party is able to pay support. The burden of proof lies with the party seeking assistance and only if the court finds that one of the parties needs assistance and the other party is able to pay it will the court consider the eight other party factors.
The eight remaining factors include the living conditions of the parties during the marriage and the anticipated needs after the final divorce; the length of the marriage; the age and the physical and mental condition of the parties; the income and resources of both parties; the earning potential of both parties; the responsibility each party has in raising their common children; and the last factor is any other factor that the Court deems relevant.
In addition, the new Florida law introduced what is known as “bridge-the-gap” alimony, which may be granted to help a party transition from married to single life, and is intended for a party with identifiable, short-term Help needs that may not exceed two years. This is similar to Illinois temporary spousal support.
Another alimony category created by Florida law is rehabilitation alimony, which Illinois and other states do not yet have. Rehabilitation alimony is for the provision of education and training to enable a party to support themselves or contribute to their own livelihood and may not exceed a period of five years.
The final category created by Florida law is perpetual alimony, which applies for a specified period of time. It cannot exceed 50% of the duration of a short-term marriage, which by law means a marriage of less than ten years; 60% of the length of a medium-term marriage (a marriage lasting between 10 and 20 years); and 75% of the length of a long-term marriage (a marriage of 20 years or more).
The amount of alimony is the amount required to meet the reasonable needs of the payee or an amount not to exceed 35% of the difference between the husband’s and wife’s net incomes, whichever is less.
Florida’s new law also regulates amendment claims, empowering the court to end or reduce alimony if the payer has reached normal retirement age and is retiring.
While I compared Illinois to Florida in this article, I could have used many other states. Most states need alimony reforms that would better adapt them to the complexities of a divorce, and I urge all state legislators to study the alimony reforms being implemented by Florida and attempt to implement similar reforms in their own states.
Jeffery M. Leving is the founder and President of the law firm of Jeffery M. Leving Ltd. and fights for fathers’ rights. He is the author of Fathers’ Rights, Divorce Wars and How to be a Good Divorced Dad. Leving can be found on Twitter and Instagram at @Dadsrights
Ray Hanania is an award-winning columnist, author, and former Chicago City Hall reporter (1977-1992). A Vietnam War veteran and recipient of four SPJ Peter Lisagor Awards for column writing, Hanania writes weekly opinion columns on mainstream America and Chicagoland issues for the Southwest News-Herald, Des Plaines Valley News, Regional News and The Reporter newspapers, and Suburban Chicagoland.
Hanania also writes on Middle East issues for the Arab News and the Arab Daily News, in which she criticizes government policies in the Israeli-Palestinian conflict.
Hanania was named “Best Ethnic American Columnist” by New America Media in November 2007 and received the 2009 SPJ National Sigma Delta Chi Award for column writing.
Email Ray Hanania at rghanania@gmail.com.
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