Permanent Periodic Alimony: What to Expect with the New Proposed Changes Under Florida Law
Getting a divorce is unfortunately not as simple as getting married– specifically, the marriage ceremony. You cannot just be given a divorce decree right away and you cannot expect everything to else in the divorce just to fall into place quickly and easily. There are many considerations that both spouses need to address. This is a difficult situation that is best not managed by the soon to be ex-spouses themselves. Instead, it is better to put your trust in an experienced and professional divorce attorney who will work diligently to ensure that your best legal and financial interests are protected. The Law Offices of Matthew Z. Martell, P.A. is where the some of the best Sarasota divorce attorneys near you practice divorce law. Every divorce is unique, and the needs of Husband and a Wife are different. These matters are even more complicated if children under the age of 18 are involved.
Once the temporary parental responsibility (i.e.- custody) and temporary timesharing (i.e.- visitation) are established, the process of financial responsibility is negotiated by the attorneys. If they cannot resolve it themselves, then the Court establishes it. Child support is generally determined by the state law by a statutory formula, and it is primarily based on the net monthly income of both parties. Alimony, or spousal support as it is sometimes called, is not ordered in every divorce case. But when circumstances warrant alimony, many various factors are considered. These factors include the type of alimony being sought, how long the marriage lasted before the divorce was filed, the monthly net earnings of both the Husband and the Wife, the reasonable monthly expenses of the spouse seeking alimony, and the actual monthly financial needs of the spouse seeking alimony. The divorce lawyers near me at the Law Offices of Matthew Z. Martell, P.A. will handle your Sarasota divorce and Sarasota divorce mediation with fairness and sincerity.
Currently, most alimony payments in long term marriages are issued by the Court as modifiable permanent periodic (i.e.- alimony that can be modified if circumstances warrant it). Specifically, a long-term marriage under Florida law currently is a marriage that lasted for a term more than 17 years from the date of marriage to the date of filing the divorcee. Currently, downward modification of permanent periodic alimony can normally only occur after a person retires at their official Social Security retirement age. Also, under existing current Florida law the monthly permanent periodic alimony amount can normally be only reduced, but it rarely is completely eliminated. However, there is a new alimony law in Florida passed by the Florida legislature but waiting to be sent to Governor DeSantis on approximately June 16, 2022, for his signature or veto. This new Florida alimony law is going to eliminate permanent periodic alimony. It is also going to apply retroactively to all prior Florida divorces where modifiable permanent periodic alimony was ordered or agreed to by the parties. Legal insiders believe that Governor DeSantis will not sign this new Florida alimony law, but he will not veto it either. If so, then under existing Florida law, this new Florida alimony law will law 15 days after it has been sent to his desk. So, it is predicted by Florida divorce legal insiders that this new Florida alimony law eliminated permanent periodic alimony will go into effect around July 2, 2022. Sarasota family law lawyer Matthew Z. Martell is knowledgeable about most phases and aspects of this new Florida alimony law eliminating permanent periodic alimony currently, retroactively and at 65 over 4 years to allow for retirement. Sarasota divorce lawyer Matthew Z. Martell can help you get out of permanent periodic alimony in your current divorce, in your prior divorce, and when you turn age 65 so you can have the financial resources needed to live comfortably.
If changes are needed to eliminate Permanent Periodic Alimony that was entered into by a Marital Settlement Agreement in a prior divorce, a highly rated divorce attorney in Sarasota such as Matthew Z. Martell, Esq. can help get those changes for you. Under currently Florida law, a modification for reduction of permanent periodic alimony can normally only be based on a “substantial change in circumstances” which is an extremely high bar, or the fact that your ex-spouse entered into a long-term supportive relationship with a live-in boyfriend or fiancé which is easy to legally disprove by just staging a break up and move out before the trial. Being involved in a supportive relationship under the new Florida alimony law can also now work in the favor of the payor spouse much more. Specifically, it is much more achievable under the new Florida alimony law to petition the Court to request elimination of all forms of alimony if you can show legally demonstrate a supportive relationship between your ex-spouse and a boyfriend or fiancé. Currently, some factors that the Court will use to determine a change to the Permanent Periodic Alimony award is how long the payee spouse has been living with the other person, have they pooled their assets, are they portraying themselves as a married couple, have they jointly contributed to property, and have they supported the payee spouse’s children. These will still be considered under the new Florida alimony law, but essentially “breaking up” and moving out shortly before trial is no longer going to get your ex-spouse out of having all forms of alimony available to her eliminated.
The new changes to Permanent Periodic Alimony law in Florida can mean that the payor spouse will have more income for his own use. So, he will have freedom from the financial responsibility for the ex-spouse for the remainder of his life in current divorce cases. Additionally, these new proposed changes to Florida permanent periodic alimony law mean that anyone who is age 65 or older can get their permanent periodic alimony eliminated in 4 years from the date they petition the court. Specifically, it will be reduced by 25% each year until it becomes zero at age 69. Sometimes, getting such changes to the law can take longer than expected, but it is well worth the wait. A Sarasota divorce lawyer near me like Matthew Z. Martell can eliminate current and past permanent periodic alimony awards after 7-2-2022 (assuming this new Florida alimony bill becomes law), as well as help bring closure to the marriage in a way that will leave you confident and assured that everything was done in the most professional, honest, and trustworthy way possible.
Our Sarasota, Bradenton, Lakewood Ranch, and Venice, Florida permanent periodic alimony lawyer near me will take time at the Initial Office Visit to review your specific Final Judgment of Dissolution of Marriage and/or Marital Settlement Agreement, so that we will be prepared to request the permanent periodic alimony award changes that you need. In conclusion, Permanent Periodic Alimony does not literally mean “permanent” anymore under the new proposed Florida alimony law. Specifically, under these new Florida alimony bill expected to become law on 7-2-2022, it can be avoided under current Florida divorce cases, it can be eliminated under most past Florida divorce cases, and it can be reduced down to zero over 4 years for retirement starting at age 65. Please contact us at (941) 556-7020 to retain the Law Offices of Matthew Z. Martell if you are serious about immediately working towards getting rid of your permanent periodic alimony in Sarasota County or Manatee County.