Jim Rosica
The House bill aimed at overhauling the state’s alimony rules is coming before its last committee before possibly heading to the floor.
The Judiciary Committee will consider the bill (HB 455), sponsored by Republican state Rep. Colleen Burton of Lakeland, on Thursday.
Among other things, Burton’s bill “effectively end(s) permanent alimony” by limiting judges’ discretion in awarding alimony after a divorce by providing a preset formula for how much an ex-spouse should get and for how long, according to a staff analysis.
It creates a “rebuttable presumption” that changing or ending alimony is retroactive to the date when a party asks for it.
The measure also requires those who pursue a change in alimony to pay the fees and costs of the other side if they lose.
The bill puts at odds ex-spouses – largely men – who say “forever alimony” isn’t fair, and their former mates – mostly women – who counter that they shouldn’t be penalized for staying home to raise children and then having trouble later in life re-entering the workforce.
It’s the third time in recent years the Legislature has attempted to change Florida’s alimony law.
“Divorce is never easy,” Burton said in November, but both sides should be able to walk into a courtroom knowing what the rules are, understanding that the judge makes the final call.
A companion bill, sponsored by Republican Kelli Stargel of Lakeland, has not yet been heard in the Senate.
Another family-law bill moving this session is SB 250, sponsored by Brandon Republican Tom Lee, which would change state law on child-sharing. It would create an assumption that equal time-sharing for both parents after a divorce is in the best interest of a child.
