by Luis E. Insignares, Esq.
After making notable gains in the years immediately prior, in 2013 the leaders of the movement to put an end to permanent alimony in Florida once and for all (the most notable lobbying organization of the movement goes by the more innocuous, and arguably inaccurate name “Florida Alimony Reform”) marshaled all their forces for a final assault. In 2010 FAR supporters had codified Florida’s common-law three tier system as to the length of a marriage and its relationship to the propriety of awarding permanent alimony. Existing presumptions regarding awarding permanent alimony were expressly written into the alimony statute, as well as a totally new option called “durational alimony.” In 2011 durational alimony was expanded to be applicable even to long-term marriages, if there were “no ongoing need for support on a permanent basis,” as well as limiting permanent alimony to cases where the court included “a finding that no other form of alimony is fair and reasonable under the circumstances of the parties.”
All of these changes, however, were not enough for the alimony “reform” movement. 2013 saw Senate Bill 718, sponsored by Lakeland Republican Senator Kelli Stargel, with an additional five “co-introducers” (four Republicans and one Democrat). This massive bill stretched to 34 pages long, and was so controversial as to be the subject of some 36 amendments before its eventual passage by both houses of the Florida legislature.
Even the official summary of the bill is a good page long. It states that the bill (emphasis supplied):
The Family Law Section of the Florida Bar not only formally opposed the legislation, but even went so far as to explain its position on a newly-launched website, TruthAboutFlAlimony.com, and sponsored a petition drive seeking a veto, on change. org, which eventually got 2,749 digital “signatures.” Senator Stargel defended the bill, claiming it “continue[d] to protect women by retaining judicial discretion,” Megan E. Davis, Lawmakers Pass Alimony Bill, Florida Bar News (April 30, 2013), but as the above synopsis shows, in fact the gist of the bill was quite contrary to her claim, greatly limiting the discretion of trial courts in crafting appropriate remedies.
To the surprise of many, Governor Scott vetoed the bill, stating, “I have concluded that I cannot support this legislation because it applies retroactively and thus tampers with settled economic expectations of many Floridians who have experienced divorce.” Id., Editor’s Note Update. This, of course, leaves open the possibility that these same provisions will be passed all over again, without the retroactivity provisions. So stay tuned. RG
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The Law Office of Luis E. Insignares represents clients in Fort Myers and surrounding Florida communities such as Cape Coral, Lehigh Acres, Gateway, Villas, Fort Myers Beach, Sanibel Island, St. James City, San Carlos Park, Estero, Bonita Springs, Naples, Lee County, Charlotte County and Collier County.
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