By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Alimony on Tuesday, May 12, 2015.

People who pay alimony can be prevented from changing jobs if the change means a lower salary. The court won’t stop you from changing jobs, but it won’t modify your alimony obligation downward. This means you could be locked into your job.

Prof. Margaret Ryznar, from the University of Indiana, published a research paper on the “job lock” effect of alimony. Professor Ryznar’s paper comes at a good time, as I’ve been writing about alimony a lot while Florida debates alimony reform.

Although Florida alimony reform failed again in 2015, alimony laws have been under attack in Florida for years. Alimony laws used to be generous, including permanent support. These days, only Florida and a few states continue to allow lifelong, permanent alimony.

Maybe one reason for the rise of alimony reform is the increasingly negative view people have of alimony. Clients view alimony as an inflexible and ironclad financial obligation, one that does not allow for nuance in individual cases.

Florida allows any party to modify alimony, whether alimony was agreed to in a marital settlement agreement, or ordered by the court, if the circumstances or the financial ability of either party changes.

However, the change in circumstances must have occurred after the order awarding alimony. Additionally, a modification of alimony requires proving a change in circumstances. If so, a modification in Florida depends on the type and the purpose of the alimony award.

Where a substantial change in circumstances is your reason for modifying alimony, you must show the substantial change in circumstances was not contemplated at the time of the order, and that the change is sufficient, material, involuntary and permanent in nature.

There are many reasons for alimony modification. A court may reduce or terminate alimony if a spouse has entered into a supportive relationship with a person with whom he or she resides. Also, the unemployment and retirement of the paying spouse are valid reasons.

Because courts are likely to be unwilling to modify alimony based on a change of job to a lower salary, the professor’s new research paper proposes a new test that balances the interests of the alimony recipient with those of the payor.

For example, is the change in job designed to avoid paying alimony, or an investment in the future, or is it due to a change in circumstances? If someone takes a pay cut to become mayor or a judge, should their dream job be prevented due to an alimony obligation?

A balancing test made for each case may be what is needed to protect families who rely on support, and release a possible job lock effect of an alimony award. The research paper is available here.

On behalf of Ronald H. Kauffman, P.A. posted in Alimony on Wednesday, March 20, 2013.

alimony is up for debate again in Florida. This year though, the reforms are HUGE. The Florida Senate Bill is 718 and the Florida House bill is 231, and they are being debated in Tallahassee right now. You can read the Senate bill here. Some of the items in the new bills which are creating a stir are:

Factors for awarding alimony

• The bill deletes the standard of living enjoyed during a marriage factor.
• There would be a new presumption that both parties will have a reduced standard of living.
• Courts must impute income to an unemployed spouse.

Amends Presumptions

• The bill adds 3 years to each category of marriage (short, moderate and long).
• There would be a presumption against alimony for short-term marriages.

Amends Alimony Types

• Permanent periodic alimony is eliminated.
• Alimony types would be prioritized, so that bridge-the-gap is considered first, then rehabilitative, lastly, durational alimony.
• A court couldn’t award alimony for more than half the length of the marriage without clear and convincing evidence.
• The bill limits the cases in which a court could award combinations of alimony.

Modifies Alimony Modifications

• The retirement of the paying spouse would become a substantial change in circumstances.
• Alimony would automatically terminate at normal retirement age.
• Alimony must be reduced or terminated if the payee spouse is in a supportive relationship.
• The new law would apply to all orders entered before the bill became law, so the bill itself would be grounds for modifying or terminating alimony.

Timesharing

• The bill would create a presumption in favor of equal time-sharing.

While some people support the Bills, some people hate it. The Family Law Section of the Florida Bar, for instance, is voicing strong opposition to this legislation, and pointing out some little-understood facts about alimony.

• Florida courts do not routinely award permanent alimony.
• Florida courts can ONLY award permanent alimony after making findings of fact that no other form of alimony is fair and reasonable.
• Permanent alimony awards are almost always in long-term marriages.
• Permanent alimony is always modifiable.
• Florida courts cannot order permanent non-modifiable alimony.

Stay tuned.

On behalf of Ronald H. Kauffman, P.A. posted in Alimony on Thursday, July 12, 2012.

The tables are turning on alimony and child support. As more women climb higher up the career ladder, and outpace their husbands in salary and title, they are finding that they are the ones having to support their ex-spouses after the divorce.

Many women are finding that breaking through the glass ceiling comes with financial responsibilities. Just as many of my male clients grumble about paying alimony to their former wives, more and more of my female clients arrive at our consultations worried about having to support their soon-to-be former husbands.

Whether you are concerned about your ability to pay, or interested in knowing whether your needs justify receiving support, you should know that Florida’s alimony statute has recently (and dramatically) changed. Everyone is concerned about the recent changes to the law, and the looming threats to amend the statute in upcoming legislative sessions in the years to come.

Reuters reports:

“As women climb higher up the career ladder and outpace their exes in salary, when love goes wrong and marriages break up they are being compelled to contribute to the livelihood of their former spouses.

More than half, 56 percent, of divorce lawyers across the United States have seen an increase in mothers paying child support in the last three years and 47 percent have noted a hike in the number of women paying alimony, according to the American Academy of Matrimonial Lawyers.”