And yes, Im a registered Republican who is very disappointed. 117 Be It Enacted by the Legislature of the State of Florida: 118 119 Section 1. Even the Family Law Section relented during the legislative session, when incoming Chair Phillip Wartenberg told legislators that we believe the time has come to move away from this concept of permanent alimony.. However, Resolutions and Concurrent Resolutions are considered identical if the only difference is the word "House" or "Senate.". Ron DeSantis' desk. Law Offices of Gary Martin Hays & Associates Support of children; parenting and time-sharing; powers of court. I had a shotgun wrapped around my lips when Scott vetoed it last time. Under the proposed legislation to modernize Floridas approach proposed by State Sen. Joe Gruters, of Sarasota, and State Rep. Jenna Persons-Mulicka, District 78, Florida will finally put an end to perpetual alimony awards and enact a system based on fairness for all parties. Elimination of permanent alimony; 2. She ran off and got re-married in Las Vegas, thinking she would not get caught by me. Florida Gov. Modernizes divorce law and streamlines the process to save families from protracted adversarial litigation and financial ruin. Instead, they must now wait until they are at least 65 years of age before they can ask the court to reduce or terminate their existing alimony awards. Contact Us| Instead, they must now wait until they are at least 65. Additionally, they argued the legislation only seeks to benefit the primary breadwinner, putting the other individual at an unfair disadvantage. The legislation also would remove the courts ability to consider adultery of either spouse in determining the amount of an alimony award. CS/CS/SB 1796 Dissolution of Marriage by Rules Committee; Judiciary Committee; and Senators Gruters, Rodriquez, Hooper, and Diaz This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office. TALLAHASSEE, Fla. Today, Governor Ron DeSantis received the following bills from the Florida Legislature. I am a family law attorney with over 40 years of experience in Florida. Dissolution of Marriage; Requiring the court to make certain written findings in its awards of alimony; removing the courts ability to consider adultery of either spouse in determining the amount of an alimony award; revising factors that the court must consider in determining the proper type and amount of alimony; revising a provision authorizing the modification of rehabilitative alimony upon completion of the rehabilitative plan to include a certain condition; requiring the court to consider specified factors when determining an alimony award involving the existence of a supportive relationship between the obligee and another person, etc. A day before, the Appropriations Committee advanced the bill on an 11-8 vote, after a heated debate. The 2 million member Heritage Fiundation just endorsed SB1796 and is urging Governor DeSantis to sign the bill. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. The Florida Legislature recently passed SB 1796, a controversial bill that changes how alimony is implemented and finalized. A Florida alimony reform bill has passed the Senate in a landmark vote late Friday. GENERAL BILL by Rules ; Judiciary ; Gruters ; (CO-INTRODUCERS) Rodriguez ; Hooper ; Diaz Dissolution of Marriage; Requiring the court to make certain written findings in its awards of alimony; removing the court's ability to consider adultery of either spouse in determining the amount of an alimony award; revising factors that the court must consider . Rules ; case or situation. Just amazed at the people commenting dont understand that you cant retroactively do what the bill mandated. Many women (calling themselves the "First Wives") are advocating against this bill, some of whom have reported being harassed, threatened, and physically assaulted due to speaking out against Senate Bill 1796. Someone may be unable to reach financial independence post-divorce for many reasons, including having given up their career to take care of the home and children or divorcing later in life and are no longer able to find adequate employment. Senate Bill 1796 proposes that the concept of a supportive relationship be expanded to allow consideration of such when the court is first setting an alimony award. Its proponents boasted an end to permanent alimony, a guideline for spouses to follow when determining the amount and duration of alimony, and retirement with dignity. SB1796 does nothing to improve upon these problems. "This bill is the fairest and most reasonable alimony reform bill that has been presented to the Legislature," Gruters said. Modifies or terminates alimony upon proof of a recipients supportive relationship, with a 180-day look-back provision. When this bill passes legal fees will decrease along with much of the conflict parties suffer in divorce. I ask that Gov. The FLS is a rent-seeking guild trying to perpetuate a system that pits a divorcing couple into an adversarial court system so that the divorce lawyers can generate fees by driving up acrimony and relying on uncertain, outdated, and unclear laws that only they want to be able to interpret. or viewing does not constitute, an attorney-client relationship. Understandably, many people are concerned about this bill and its impact on their alimony orders, especially those awarded permanent alimony. Address: 204 37th Avenue North #182 This year is the third time the Legislature has passed alimony overhauls, with former Gov. Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Updated: 7:45 PM EDT May 16, 2022. Fort Myers Republican Rep. Jenna Persons-Mulicka shepherded the legislation throughthe House. It is currently sitting on the governor's . SB1796 does nothing that will speed up divorce nor lower the cost. Now you know more than a respected, accomplished and experienced 42 year family law litigator? Retroactively changing people's divorce agreements is unconstitutional, DeSantis says. For life, Willis told House members. A prohibition against requirements for an obligor to purchase life insurance to secure the award of alimony. A prohibition against the award of alimony to a party whose net income exceeds the net income of the other party. Both options are priced the same. There is so much wrong with this bill. Attorneys fees ! The Senate approved the bill (SB 1796) last week. According to this bill, durational alimony should not exceed: However, according to the bill, if the person receiving alimony "is either permanently mentally or physically disabled and unable to provide for his or her own support [] or is the full-time in-home caregiver to a fully and permanently mentally or physically disabled child who is common to the parties, the court may extend durational alimony beyond the thresholds.". The amendment also would allow alimony payers to ramp down payments if seeking to retire, while protecting those deemed vulnerable recipients. Twitter:@PeterSchorschFL . I voted for Desantis the first time but no more. A proposed obligor who is retired at the time of the dissolution of marriage may not be required to pay any form of alimony unless one of the safeguards applies, and the party seeking alimony does not qualify for any Social Security benefits. In my own divorce and the many Ive seen in my court reporting career getting financial documents to determine alimony can take years. And now they are pointing fingers? Rick Scott twice vetoed proposed alimony overhauls. Alimony isnt a new concept. Also interesting that Desantis put in writing that he vetoed due to unconstitutionality; 2 separate analysis , one by the Senate and the other by a comsititutional attorney which Desantis uses himself, found sb 1796 to NOT be unconditional. Our Team Account subscription service is for legal teams of four or more attorneys. Is Desantis playing avenge politics? I agree with you that many attorneys want to run up fees but its mostly as a result of their clients desire to not cooperate. All Rights Reserved. Two measures written in the legislation were the subject of the bulk of debate during this years Legislative Session: a 50-50 time-share presumption and the elimination of permanent alimony on previous, modifiable agreements. Statutes, Video Broadcast The Family Law Section has now publicly endorsed two major tenants of SB 1796: 1. The BOOT of government on the neck of the alimony payer. . Reflects increased earning power of women as more women earn college degrees and become primary breadwinners, alimony reform is an issue of fairness, not gender. The retirement will be effective and the alimony will phase out (25percent a year) starting no sooner than age 65, unless the obligee timely objects by showing any of the following: Alternatively, there will be no phase-out and alimony may be modified or terminated based on a reasonable retirement, but no sooner than age 65. I hope the Governor signs this quickly as children need both parents. Skip to Navigation | Skip to Main Content | Skip to Site Map. Gov. All submissions may be edited for content, clarity and length, and may also be published by any part of the USA TODAY NETWORK. Its time to do what is best for Florida families by de-weaponizing children and enacting fair guidelines and predictability to the divorce process, with the byproduct being less litigation and financial destruction to hardworking families. EMAIL US FOR A RESPONSE. These pieces of legislation build on funding provided in the Freedom First Budget signed by Governor . She explained that every dollar of the marital estate that is spent on divorce litigation equates to dollars that will not be available to support a needy spouse or children. In asking 2 friends who have been judges in family court what they saw most often as the biggest problems delaying divorces and running up fees, the answer was non compliance in discovery and motions for contempt for all sorts of things. Delete everything after the enacting clause and insert: Rules What ultimately emerged is a bill that contains a prohibition with far-reaching significance to our law enforcement officers and our firefighters. Given that the Florida legislature sits for only 60 consecutive days each year, when they are in sessionwhich wrapped up on March 11its a frenzy of action. Divorce and the subsequent custody issues are very traumatic for all involved, they said. St. Petersburg, Florida 33704. Marc D. Johnson is the Chairman of Florida Family Fairness, an organization that is supporting and advocating for legislation that will bring families together by modernizing alimony laws to create fair, uniform, and consistent standards for judgments across the state. Former Gov. You are a liar as well. Im in my lane Marc. Learn more about the group at: Sponsored by:Florida Family Fairness, Inc. Bravo Gov DeSantis! She said the retirement provisions speak to old agreements, modifying those agreements retroactively.. SB 1796 would allow more ex-spouses to terminate permanent alimony payments and would create a 50/50 presumption regarding time-sharing of a divorcing couple's children. CS/CS/SB 1304 . Dr. Favata-Shultz, who in prior years has testified before the Florida legislature in support of alimony reform, is now 68 years old and is living with her daughter. Florida Politics is a statewide, new media platform covering campaigns, elections, government, policy, and lobbying in Florida. by The system needs to be "fair and balanced," with the goal of predictability and fairness. Andrea Reid, who is a member of the Florida Bar's Family Law Section, was for the bill before she . View By Bill Version Allow alimony payers to ramp down payments if seeking to retire, protecting. And is urging Governor DeSantis to sign the bill to Be `` fair and balanced, '' with the of! Of government on the neck of the alimony payer Legislature recently passed SB 1796, controversial... Legal florida senate bill 1796 of four or more attorneys bill that changes how alimony is implemented and finalized people dont. 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