Purposeful Navigation Through the Seas of Social Change: A Theory-based Approach to Florida Alimony Reform

The law in Florida about alimony has been changing because society’s views on marriage and gender roles have also changed. In 2011, there were some changes to the alimony laws, but some people still thought they weren’t enough. In 2012, there was a new proposed law that would have made big changes to alimony, like getting rid of permanent alimony and setting limits on how long someone could get alimony. But that proposed law didn’t end up passing. In 2013, there was an attempt to change alimony laws in Florida, but the Governor vetoed the proposed changes. In 2014, no changes were proposed, but it’s likely that the issue will come up again in 2015. It’s important for any changes to have a clear purpose and not just happen for the sake of change. Florida’s lawmakers need to understand the history and theories of alimony in order to make effective changes that benefit everyone in modern society. Before divorce was possible, Florida’s alimony laws were based on English common law, which stated that a married woman’s identity merged with her husband’s upon marriage. This meant that her husband had control over her assets and was responsible for providing for her. Alimony was born as a way to enforce a husband’s obligation to support his wife, even after legal separation.

In the past, divorce in Florida was based on one party’s fault, such as adultery or cruelty. Alimony was awarded as compensation for the innocent spouse’s wrongful conduct. This system mainly benefited wives, with limited opportunities for husbands to receive alimony.

With the introduction of no-fault divorce, where one spouse could petition for divorce without proving fault, the philosophical basis for alimony changed. The new system aimed to provide a “clean break” for both parties. This change eliminated the old ideas behind alimony, leading to new theories and approaches. The three main theories for alimony are the UMDA Need-based Rehabilitative Alimony Theory, the ALI: Alimony as Compensation for Loss Theory, and the Feminist Theory. The UMDA theory says alimony is to help a spouse become self-sufficient after a divorce. The ALI theory says alimony is to compensate a spouse for a lower standard of living because of investing in the other spouse’s career. The Feminist theory says alimony is to equalize the post-divorce standard of living between men and women. The “partnership” theory of alimony sees marriage as a partnership where both spouses contribute equally, whether financially or through household and family labor. When the partnership ends in divorce, one spouse should be compensated for their contributions to the marriage. Just like in a business partnership, one partner may buy out the other’s share, and in a divorce, alimony serves as a buyout for one spouse’s interest in the marriage partnership. This theory aims to ensure that both spouses are fairly compensated for their efforts during the marriage. In Florida, both men and women have equal rights and can easily get a divorce without blaming each other. Alimony, which is money one spouse pays to the other after a divorce, still exists in Florida. It’s used to help the financially dependent spouse and their children after the divorce, because divorce usually hurts everyone’s finances. The court looks at each situation carefully to decide how to best help the person who needs it. This approach in Florida is a mix of different ideas about alimony. In Florida, when deciding whether to award alimony in a divorce case, the court first looks at whether one party needs financial help and if the other party can afford to pay. If the answer is yes to both questions, the court then decides what type and amount of alimony is appropriate. The court considers things like the parties’ standard of living, how long they were married, their ages and health, and their financial resources. The court must make specific findings about each factor when deciding on alimony. If there are changes to alimony laws in the future, they should still focus on mitigating harm and not just change for the sake of change. Alimony laws in Florida may be changing, just like they did in Massachusetts in 2011. Other states like New Jersey and South Carolina are also thinking about making changes. Florida Alimony Reform is a group that is speaking out about the issues with alimony in Florida. Alimony is money paid to a spouse or ex-spouse for support. Florida law allows for alimony to be awarded even without a divorce. There was a bill in the Florida Senate to change alimony laws, but it did not pass. In 2012, there was a bill in Florida called H.B. 549, but it was later replaced by S.B. 718. The governor vetoed the bill in 2013, and it was speculated that it was because of the controversy surrounding it. Alimony has been a part of Florida law since the territory days, and divorce used to be based on fault. No-fault divorce laws were established in all states by 1900. Summary:
There are different perspectives on alimony (financial support after divorce). Some believe it should be based on gender equality, while others think it should consider each person’s financial resources and needs. The law varies by state, but generally considers factors like the length of the marriage and each person’s ability to support themselves. Some also believe alimony should end if the receiving person remarries. This is a list of articles and legal principles about alimony or spousal support. They discuss different perspectives on alimony, like how it can be calculated, its impact on gender equality, and the idea of alimony as a way to share wealth created during a marriage. Some articles also talk about the experiences of mothers in divorce and the concept of partnership marriage. Florida has not approved the Equal Rights Amendment. But the state Constitution says that all people, regardless of gender, are equal before the law. You can get a divorce in Florida if the marriage is irretrievably broken. There’s a group in Florida that is pushing for changes to alimony laws. Research shows that divorce can have economic consequences for both men and women. The Florida Supreme Court has said that while most alimony is for support, sometimes it’s used to balance out inequalities from income-generating properties acquired during marriage. There are specific factors that courts consider when deciding alimony, and they have to make factual findings to support their decision. Sarah E. Kay and Alexa Revord Larkin are family law attorneys who wrote this article for the Family Law Section.

Source: https://www.floridabar.org/the-florida-bar-journal/purposeful-navigation-through-the-seas-of-social-change-a-theory-based-approach-to-florida-alimony-reform/