Legislation to end life support has returned to the legislature and is making its way through the Senate.
Some lawmakers have done so repeated unsuccessful attempts to adopt similar maintenance reform measures in recent years. This session, Sarasota Republicans Joe Gruters says his bill (SB1796) is an improvement over previous efforts.
The measure passed the Senate Judiciary Committee Monday, 6-3 after a party-line vote. If passed, Florida would join the majority of other states that have banned lifetime alimony.
“This bill is all about predictability,” Gruters told the panel. “It allows people to live their lives and goals, bringing fairness into the system.”
For any future divorces, the measure would overturn the court-ordered perpetual alimony, leaving bridging, rehabilitation, and perpetual alimony.
Former couples could still agree on permanent maintenance in a marriage contract.
Gruters, who is a chartered accountant and sees the outcome of prenuptial agreements, said he was looking for a solution so people “don’t become indentured servants forever.”
Currently, long-term alimony is subject to change at the judge’s discretion. ONE 1992 Florida Supreme Court ruling determined that retirement is considered a change in circumstances that may modify maintenance.
Among other provisions added to the bill on Monday, once someone turns 65 or retires they can request to have their child support payments reduced by 25% a year in a four-year step-down program.
Gruters said adjustments still need to be made. However, he believes lawmakers are drawing closer.
Opponents argue that cutting permanent maintenance would put those caring for children in compromising positions. Furthermore, they say the legislation aims only to help the main breadwinner and unfairly disadvantages the other person.
As in previous years, the bill met with opposition from several current child support recipients who feared the changes could alter their modifiable child support payments.
Family Law Attorney Shannon Novey, a representative of the American Academy of Matrimonial Lawyers, told senators the group supports how this year’s version separates the bill’s alimony provisions from parenthood provisions. Still, she said issues related to fairness, existing agreements and retirements were still too big for the association to support the legislation.
Gruter’s bill died in the Senate Rules Committee last year. This year, legislation must first pass the Senate Appropriations Committee before moving on to the Rules, its final stop before the full Senate can consider the bill. The House of Representatives voted 74 to 38 last year to pass the bill.
This year’s house version (HB1395), worn by Fort Myers Republican Rep. Jenna Personen-Mulicka, will go through the House Subcommittee on Civil Justice and Property Rights and the House Judiciary Committee. A hearing has not yet been scheduled.
Both bills would go into effect in July.
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