New 2011 Florida Alimony Law   

There is a new 2011 Florida Alimony Statute that is effective as of July 1, 2011. The new alimony law did not radically change alimony rights in Florida. The new law mostly clarified and defined prior new laws.

 

A summary of the new changes to Florida alimony law:

• If a court awards permanent alimony in a short-term marriage (a marriage under 7 years long), there must be documented exceptional circumstances.
• An award of permanent alimony for a moderate-term marriage (between 7 and 17 years) must be supported by “clear and convincing evidence.”
• Before a judge awards permanent alimony, there must be a stated justification that no other form of alimony (short term alimony) would be fair and reasonable.
• A award of alimony must not leave the person paying the alimony with significantly less income than the person receiving the alimony – unless there are exceptional circumstances.

Definitions:

Exceptional circumstances:

Facts that go far beyond a normal, everyday situation. But remember, the everyday situations in many divorce cases are already pretty extreme. For example, a spouse that becomes completely disabled during the marriage from an accident or disease may qualify as an exceptional circumstance. Or if the other spouse does something wrong or vengeful that permanently damages the other spouse’s career; that may qualify as an exceptional circumstance. Anything like the examples mentioned may be adequate reasons for a court to give a spouse permanent alimony after a short-term marriage. But remember, the shorter the marriage, the more extreme the facts must be. A two year long marriage would not qualify for permanent alimony unless something absolutely horrible happened during that prior two years.

Clear and Convincing Evidence:

Fact must be really obvious and clear to meet this standard that is now required for permanent alimony in a medium length marriage (between 7 and 17 years). Normal divorce court decisions must be supported by the “more likely than not” standard for evidence and faces. But the new alimony statute requires evidence at the level of “no-brainer.” In other words, the court must see evidence that almost speaks for itself.

Significantly Less Income:

No one knows what that phrase means. But you can be sure it will be fought out in every family law court in Florida.

The new 2011 alimony law for Florida applies to all new orders signed by the courts after July 1, 2011. It also applies to any alimony judgments modified after July 1, 2011. Also included are any pending cases as of that date. One interesting thing to note: you cannot modify an old alimony award if nothing else has changed other than the alimony statute.

 

Comments on the new 2011 Florida Alimony Law:

A principle that may alimony attorneys are aware of is that a judge will usually decide what they want to do, and then figure out how to support that decision with legally supportable reasoning. . If a judge needs “exceptional circumstances,” all they have to do is look in the facts of the case and pick anything that reasonably qualifies. So the new alimony law will have minimal immediate effect on family law trial court decisions.

Over time, appellate courts will reverse some trial court decisions that do not conform to the new law. That will eventually have the effect of guiding trial court judges on how to apply the new alimony statute. Like all new laws, it takes years for the effect to be seen in ongoing cases. So the moral of the story: do not look for immediate, radical changes in the outcome of cases. Make sure your attorney knows the new alimony law and plans to use it to your advantage.

 

 

The Divorce Center can provide an experienced divorce attorney for your entire case or any individual part. Orlando, Tampa, Pinellas, Pasco, Hernando County Divorce Attorney Howard Iken will give you personal attention, fast answers, and the loyal aggressive representation you need. We also offer a forms preparation service with lawyer review and consultation for reasonable prices. Check out our easysavr legal service. CONTACT US NOW or call 800-469-3486

    

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