Florida Alimony Reform 2015 legislation is explained in this blog. At the present time, alimony reform legislation is moving through the Florida House and the Florida Senate. The latest revisions to the Florida Senate bill create alimony guidelines. The new legislation creates presumptive ranges for the amount and duration of alimony that a Court may award.
The Florida Alimony Reform Bill contains a mechanism to impute income to an unemployed spouse or an underemployed spouse. The new Florida alimony statute, as proposed in the Florida Senate, states that if a party is voluntarily unemployed or underemployed, alimony is to be calculated based upon a determination of the unemployed or underemployed spouse's potential income unless it would be inequitable to do so. Potential income is income which could be earned by a party who uses his or her best efforts. It includes potential income from employment and it includes potential income from the investment of assets or the use of property.
Proposed revisions to the Florida alimony Statute are currently before the Florida Senate. The Florida Alimony Reform Bill provides that in deciding whether or not to award alimony, trial courts are to make two initial determinations. First, the court is to determine the amount of each party's gross income. Second, the court is to determine the duration of the marriage. The duration of the marriage is the period of time that occurs between the date that the marriage takes place and the date that the divorce is filed.
The pending Alimony Reform Bill was recently revised in the Florida Senate. The Committee Substitute provides that in determining the amount and duration of an award of alimony, the court is to consider all of the following factors: (i) the financial resources of the recipient, including the actual or potential income from nonmarital or marital property or any other source of income and the ability of the recipient to meet his or her reasonable needs; (ii) the financial resources of the payor, including the actual or potential income from nonmarital or marital property or any other source of income and the ability of the payor to meet his or her reasonable needs while paying alimony; (iii) the standard of living of the parties during the marriage with consideration that there will be two households to maintain after the dissolution of the marriage and that neither party may be able to maintain the same standard of living after the divorce; (iv) the division of marital assets, including whether an unequal distribution of marital assets was made to reduce or alleviate the need for alimony.
The pending Florida Alimony Reform Bill was recently revised in the Florida Senate. The original version of the bill was replaced by a committee substitute. The revised bill creates new alimony guidelines. In calculating alimony, the Court is to first calculate the amount of each party's monthly gross income. Included in a party's monthly gross income are the actual income that a party earns and the potential income that a party could earn. Additionally, included in a party's monthly gross income are the actual income that a party earns from nonmarital property and marital assets distributed to that party, as well as potential income that a party could earn from nonmarital property and marital assets distributed to that party. In calculating the difference between the parties' monthly gross income, the income of the party seeking alimony is be subtracted from the income of the other party. If this is a negative number, the presumptive alimony amount is $0.