Ever since Massachusetts updated their state laws governing alimony in 2011, a number of other states have considered similar maneuvers. Among them, Florida is the closest to reforming alimony laws. Proponents of this effort indicate that the current system for determining alimony payments is outdated and unnecessarily punitive for those who make the payments to their ex-spouse.
Alimony reform bills have been introduced in both the Florida Senate and House of Representatives. These proposals intend to update current alimony practices and place limitations on the number of years someone is required to pay alimony.
One particular Florida case has become an example frequently cited by reform advocates. A 72-year-old man, currently suffering from advanced Alzheimer's disease, is still paying $2100 in monthly spousal support to his ex-wife. The man and his former wife settled their divorce over 20 years ago and he will be making payments permanently, even though he has made many appeals to reduce or end these payments.
Current laws were formulated when men were almost always primary income earners in a household and divorced women rarely left their homes in an attempt to obtain income, reform supporters say. They also indicate that the "vagueness of current law, and the out-of-date attitudes of many judges," contribute to permanent, unfair alimony payments. However, the provisions in the Florida House of Representatives bill designed to target those problems have been removed. The hope among reform supporters is that changes will lead to more consistent and fair rulings from divorce court judges.
Reformers understand that financial situations can change over time. When someone is still paying spousal support several decades after their divorce, they may now be living on a smaller income, retired or their ex-spouse may be in a more advantageous financial position than before. Whatever happens with the reform proposals, it should be noted that alimony is designed to make sure both spouses are in fair financial standing after their divorce.
Source: The Huffington Post, "Florida and New Jersey Alimony Injustices," Elizabeth Benedict, Jan. 20, 2012
1 Comment
Susan Savage
February 12, 2012 at 8:28 PM
I am currently receiving permanent alimony payments which were agreed upon by both parties. The agreement became part of the divorce decreein In 2011, my ex is taking me back to court to eliminate payments based on a reduction in his income. Did I mention he is a neurosurgeon? He has intentionally underemployed himself. The practice he is in is expanding. I am not able to work and have not worked in 17 years. I have a 16 year old daughter living with me. She does not go to her fathers home as the new wife has thrown her out. Did I mention the new wife provides 5k per month into the household funds? She also paid for one half of their home. How is it fair for him to take me to court forcing me to pay a lawyer accountants etc. and he is not permanently earning less money than he was at the time of the divorce. The proposed legislation is skewed towards men and does not lend itself open to those who are truly in need. It provides an out for those who aren't willing to live up to their agreed upon responsibilities.
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