Mark A. Sessums: Alimony “reform” bill tramples Florida women, mothers

Let’s just face it.  Alimony “reform” is not about fairness or equity or trying to create practicability to chaos. If fairness was the desired result, the solution would then be simple: Just equalize net income for a period equal to the length of the marriage. But, that’s not the solution being advanced.

What is being advanced is a catastrophic reduction of amount and length of alimony.  Why? Because men have the necessary votes to pass an alimony “reform” bill in the Florida Legislature. Men are politically stronger than women. And women are afraid to tell their stories. This is might over right at its worst.

The U.S. Census data supports that alimony “reform” is a men/women issue. Over 96 percent of alimony recipients are women. Many of these women have given their life blood to care for their families so that the man could earn a higher income to support their families. Now, late in the marital history, women are told they aren’t equal partners and shouldn’t have their constitutional right to access to the courts because it is “too complicated” to decide a just and equitable result for each family.

That’s pure hogwash. Alimony is simply need and ability to pay. Not all divorcing women need or equitably deserve alimony.  But, all deserve access to the courts and the right to argue about what they gave up.  Judges have been able to resolve such issues efficiently and fairly for decades.

It’s offensive to me to hear men or women say they can’t retire because they can’t afford to retire with having to pay a fraction of their income for tax deductible alimony. What about the recipient? They are not allowed to have savings alimony under current law without “reform.” Women are not allowed at present to an award that exceeds half of their former spouse’s income. And, under current law, permanent alimony is only awarded as a last resort and is always modifiable if circumstances change. Adequate “reform” in the past has achieved protection for both parties in the divorce as it relate to alimony.

The pending bills want to make timesharing equal for the same reasons.  More timesharing equals less support. Regardless of whether the child is more emotionally bonded with one parent or one one works long hours or has a drug or alcohol issue.

So, please wake up, Florida. An injustice is being attempted under your noses under the guise of “preventing litigation.” Speak up. Don’t allow women’s rights to be trampled simply because rich men have organized and are convincing people that they are disenfranchised without any empirical or economic data to support their theories. Email or call your governor and ask him to appoint a proper task force to study this important issue.

Alimony should be fair to both genders but requiring women to take less than men is unfair on its face.

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Mark A. Sessums, Esq. is an American Academy of Matrimonial Lawyers Fellow and is admitted to practice in Florida and the U.S. District Court for the Middle District of Florida. Column courtesy of Context Florida.