State lawmakers have recently revamped and updated alimony laws. Florida legislators are expected to address the legal issue this year, using proposals from several special interest groups as guidance.
The basis for alimony surrounds a spouse's need for financial support following a legal separation or divorce. Courts compare that need with the other spouse's ability to provide spousal support.
Proponents of reform say old marriage traditions of the husband as the wage earner and a stay-at-home wife are over. Critics say alimony proposals ignore that some spouses, often women who divorce in later life, still risk financial instability without spousal support.
Income disparity at divorce triggers the need for alimony. If one spouse gives up an education and career earnings for the benefit of a marriage, a post-divorce income without spousal maintenance may not be possible.
Florida's proposed alimony reform calls for an end to alimony payments when the spouse who pays support reaches retirement age, whether or not the payor stops working. Opponents of the proposal say an alimony recipient who divorces near retirement would be shortchanged.
One Florida proposal calls for alimony reductions to be retroactive. Past court-sanctioned agreements for spousal support could be modified with potentially devastating results for alimony recipients who counted on the income.
Most legal specialists see the growing changes in alimony laws as an opportunity for courts to apply new rules, according to spouses' individual circumstances. Many believe the reforms certainly will increase the number of cases where alimony is disputed. But until any news laws take effect, it is important for people who have been awarded alimony to fight for what they are entitled to.
Source: Forbes, "Alimony Reforms Continue to Create More Uncertainty for Divorcing Women," Jeff Landers, Jan. 18, 2012









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