Alimony reform shot down in Florida

New Jersey is one of a number of states where proponents of alimony law reform are holding aggressive campaigns. In New Jersey, like in these other states, members of the alimony reform movement are focused on outlawing lifetime spousal support and taking away some of the leeway that judges have in alimony disputes. Opponents argue that restricting alimony would punish stay-at-home moms, and that it would be an unfair blow to women who already tend to take a hard financial hit in divorce. Of course, while a growing number of alimony payers are actually women, the majority of payers are still men.

This week, an alimony reform bill was shot down in Florida by Governor Rick Scott. The bill would have outlawed permanent alimony and it would have created new alimony standards based on marriage lengths. The changes would be possible to apply retroactively to existing alimony arrangements, a provision that the governor disliked.

Many legal professionals and others do think the retroactivity issue can be problematic in alimony reform. This is because it would affect many existing contractual agreements that people have already agreed to and gotten used to. Those who think they are stuck paying an unfair alimony payment every month for the rest of their lives, however, would likely want any reform to be applicable retroactively.

Alimony exists, in part, so that lower-earning spouses and stay-at-home parents are not unfairly financially burdened in divorce. While stay-at-home parents may reenter the workforce post-divorce, this may often require training or education and as such judges here in New Jersey often consider any career sacrifices that were made during marriage in awarding alimony.

What this veto in Florida may mean for New Jersey’s alimony reform movement is unknown. Under current laws, it remains important for those who are going through a divorce to discuss their spousal support needs and possible obligations with their family law attorneys in order to reach the best possible arrangement. Should an arrangement later become inappropriate, due to a change in income for example, it may be wise to pursue an alimony modification.

Source: CBS Miami, “Rick Scott Vetoes Overhaul of State Alimony Laws,” May 1, 2013

Source: Wall Street Journal, “New Checks on Alimony Pay,” Arian Campo-Flores