Approximately 230 couples get divorced each day in Florida. With each individual case, the judge assigned tries to make things even and fair. However, because alimony has almost always been completely up to the judge’s discretion, what is considered “even and fair” varies from judge to judge. Permanent alimony has always been common in Florida, meaning alimony lasts until the recipient dies or remarries. But alimony has been under attack for years now. Many argue that permanent alimony is very outdated, and that Florida needs a formula for determining alimony, rather than leaving the decision up to individual judges.
The Legislature has been working on a bill to make permanent alimony a thing of the past. The bill proposes a set formula that would take into account the length of a marriage when determining alimony amounts. Marriages lasting less than 2 years would generally not qualify for alimony. The bill also proposes a capped amount of the payer’s income that would go to alimony and child support.
Many praised the bill, saying these alimony changes have been needed for years. But others attacked these proposed changes, saying that this only harms woman, who are most often the recipients of alimony. Lawmakers liked the bill, and it looked as though the alimony changes were coming soon. But the House suddenly adjourned, and the bill was not passed. Why? One of the Senators insisted on making 50/50 time sharing for child custody a requirement.
The Senate and the House disagreed on this, with the Senate pushing for the 50/50 requirement, and the House proposing that judges still get to choose.
The majority of people agree that alimony needs to be standardized, but does it always make sense for child custody to be standardized? Having a standard, required 50/50 time sharing law takes the emphasis off the children and instead puts the emphasis on the parents.
It will be interesting to see what alimony and child custody changes are in Florida’s future.
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