New Florida Alimony Law Goes Into Effect July 2013 -- Oops! Not so fast ...

This bill was vetoed - update:
Governor Scott vetoed the alimony reform bill on 5/1/2013. Back to the drawing board. No Happy Dance yet.

The following is my original post:

For many Florida divorced men, its almost time for the HAPPY DANCE! Alimony reform is coming, and will go into effect July 1, 2013. Although technically called “spousal support” and admittedly there was a mini trend of women paying out alimony during the recent economic down turn, the vast majority of alimony payors are men. The playing field is soon to be leveled. And not a minute to soon.

I wrote about Florida alimony before, back in October, 2012 -

Florida Permanent Alimony – Permanent. – Really?

“But when you hear the stories of the men in nursing homes having their social security checks garnished for alimony – come on. I have to wonder what became of that former wife's self respect, not to mention her humanity, that she would accept those alimony payments. And I also have to wonder how collecting permanent alimony can help a woman ever achieve economic equality. Fair is fair. “

The new law which is to go into effect in July of this year will abolish permanent alimony. Wow. The life sentence is over, amnesty, pardon, freedom, absolution, and on and on. Most people do not mind paying child support. And some people do not mind paying a reasonable amount of alimony for a reasonable duration. But every single man I've met who is paying permanent alimony, regardless of the amount, feels mistreated and abused by the system.

Besides abolishing permanent alimony the new law makes other changes:

• Eliminates consideration of the standard of living established during the marriage as a factor in
  determining alimony.
• Creates presumptions for earning ability imputed to an obligee.
• Requires written findings justifying factors regarding an alimony award or modification.
• Creates evidentiary thresholds for certain awards of alimony or modification.
• Creates a presumption that the parties will have a lower standard of living after divorce.
• Limits alimony based on formulas that take into account relative incomes and the length of the
  marriage.
• Provides that alimony terminates upon the obligee reaching retirement age.
• Shifts the burden of proof regarding the need for alimony to the obligee in certain circumstances.
• Prohibits modification of alimony based solely on a reduction in child support.
• Allows bifurcation of a dissolution case if pending more than 180 days, and requires bifurcation if pending over 365 days.
• Allows modification or termination of existing alimony awards.
• Provides a schedule for review of existing awards of alimony.

And as far as future modifications of alimony, the new law provides:

• Provides that the court must reduce or terminate the alimony award because of the supportive
  relationship, except upon a showing by "clear and convincing evidence" that the need for
  alimony has not been reduced by the relationship.
• Removes the requirement that the obligee spouse is residing with the other person.
• Provides that there is a rebuttable presumption that any modification or termination based on a
  supportive relationship is retroactive to the date of filing the petition.
• Adds a provision for attorney's fees in the event of unreasonable requests for modification of an
  existing award.

I have some problems with the new law – bifurcation of dissolution, and the clear and convincing evidence standard. But, all in all, it seems to be a positive step toward making life more livable for many divorced men. The women have not been sold out, either. Alimony remains entirely possible for either spouse, when the need exists. It is, however, no longer a free ride.