First, it is important to understand how a bill becomes law in the state of Florida.  There will be a bill that comes through the House of Representatives and a bill that comes through the senate.  These bills will be similar but not exact.  Once each house produces the bill, then it goes through a process that cleans up the differences.  At that point it goes to the governor for either signature or veto. 

 Currently, there are three bills that are on this track that have a significant effect on alimony and child custody (time-sharing) for the state of Florida.  The first bill is SB668.  This bill has been favored by mens’ groups. It has already passed the senate and is now in the cleanup process.  This bill from the Florida Senate basically makes some presumptions in alimony and child custody or time-sharing.  The bill effectively ends what is currently known as permanent alimony.  Permanent alimony is alimony that can essentially last forever.  There are some ways to stop permanent alimony, but it is usually very difficult unless the recipient marries.  Obviously there are different ways also such as cohabitation and different income variations, but suffice it to say, a payor spouse does not want to pay permanent alimony ever.  In this new bill from the Florida Senate, it makes a presumptive guideline equation.  When the word “presumptive” is ever used, that means it is not absolute.  There are ways to get around anything that is “presumptive”, but a judge usually must make detailed findings of fact to make this happen.  The bill makes a presumptive low end amount of alimony and a presumptive high end amount.  It also makes a presumptive low end duration (years of obligation) and a presumptive high end duration.  The bill also creates a presumption against alimony for a marriage that is under two years.  Remember, a presumption is not absolute.  The court can only deviate outside the presumptive amounts with findings of fact on the factors that are in the statute.  The equation for the presumptive low end amount of alimony is 1.5% x’s the years of marriage x’s the difference in gross income.  This is the amount of money the payor is presumed to pay the payee if the judge chooses to require the payor to pay the low end amount of money. The presumptive high end amount is 2% x’s the years of marriage x’s the difference in gross income.  This is the amount of money that the judge will order if he or she sticks with the guidelines and wants the payor spouse to pay the most allowed by law.  How long will the payor be paying?  This new bill from the senate has a presumptive low end duration and a presumptive high end duration.  The presumptive low end duration is 2.5% x’s the years of marriage with a maximum of 20 years. The presumptive high end duration is 7.5% x’s the years of marriage with a maximum 20 years.   Another big part of this proposed statute is there is a presumption for substantially equal time-sharing.  That’s basically equal custody or joint custody as a lot of people understand it.  The court would actually need to make written findings of fact required if they want to do an unequal time-sharing.  The bill also has more specific language for alimony modification and for a supportive or cohabitative relationship.  This is the only bill coming from the senate. 

 There are two competing bills going through the House of Representatives, HB250 and HB455.  They have a lot of similarities.  Both effectively eliminate permanent alimony.  In HB250, the presumptive low end amount is 1.5% x’s the years of marriage x’s the difference in gross income.  The presumptive high end amount is 2% x’s the years of marriage x’s the difference in gross income.  The presumptive low end duration is 2.5% x’s the years of marriage with a maximum of 20 years.  The presumptive high end duration is 7.5% x’s the years of marriage with a maximum of 20 years.  Just like in the senate version, there is a presumption against alimony for a marriage that is under two years.  Also, the court can only deviate outside the presumptive amounts with findings on factors. There is also a presumption for equal time-sharing and there is more specific alimony modification language and supportive relationship language.  HB455 is essentially very close to the same issues as HB250.

Kenny Leigh & Associates is a family law firm that is specialized in representing men and family law throughout the state of Florida.  Go to our website at divorcemenonly.com for more information.