Tag: divorce and alimony

Florida Alimony Reform 2023

Posted by Ron Kauffman on

Gov. Ron DeSantis signed a bill that will reform Florida alimony in 2023. The Florida alimony reform bill was signed after three vetoes of similar bills and a decade of legislative battles. But this year things changed. The 2023 proposal got the support of The Florida Bar Family Law Section, which had fought against poorly worded alimony reform bills in the past.

Alimony Reform

Florida Alimony

I’ve written about alimony in Florida before. In every Florida divorce case, the court can grant alimony to either party. Not many people realize there are several types of alimony in Florida: bridge-the-gap, rehabilitative, durational, and before July 1st, permanent alimony.

Florida courts can also award a combination of alimony types in a divorce. Alimony awards are normally paid in periodic payments, but sometimes the payments can be in a lump sum or both lump sum and periodic payments.

In Florida, once a court determines there is a need and the income available to pay alimony – sometimes referred to as the ability to pay alimony – it has to decide the proper type and amount of alimony.

Florida Alimony Reform

Last week the governor signed into law CS/SB 1416, which makes significant changes to alimony awards. The most talked about feature of the new law is that permanent alimony, which is sometimes called lifetime alimony, is eliminated.

The elimination of permanent alimony leaves only bridge-the-gap, rehabilitative, and durational forms of alimony. However, rehabilitative alimony has now been limited to five years. Additionally, durational alimony is now not awardable to people married for less than three years. But, if a couple has been married 20 years or longer, they will be eligible to receive payments for up to 75 percent of the length of the marriage.

Another big change is the new law’s limits on the amount of durational alimony. Durational alimony is now calculated to be the lesser of the recipient spouse’s reasonable need or no more than 35 percent of the difference between the parties’ net incomes.

Another change is in the area of supportive relationships. Courts reduce or terminate alimony in cases in which they find that a supportive relationship exists. The new law also places the burden on the payor of alimony to prove by a preponderance of the evidence that a relationship exists. Once proven, the burden shifts to the recipient spouse to prove by a preponderance of the evidence the court should not reduce or terminate alimony.

The new law also impacts modifications by codifying a 1992 Supreme Court decision that judges use as a guidepost when making decisions about retirement. If a payor of alimony wants to retire, he or she may apply for modification of the alimony award no sooner than 6 months prior to the planned retirement. The bill provides several factors courts have to consider in determining whether to modify or terminate alimony. The new law became effective July 1, 2023.

The new law is here.

Divorce and Cheating in Cabo

Posted by Ron Kauffman on

Cheating may be involved in the divorce between Dancing with the Stars‘ Gleb Savchenko and his estranged wife, Elena Samodanova after Samodanova was spotted kissing another man while vacationing in Cabo San Lucas, Mexico.

Cheating Divorce

Dirty Dancing

The So You Think You Can Dance choreographer, 36, submitted documents to a Los Angeles courthouse on Tuesday, December 22, seeking a dissolution of marriage with minor children.

Samodanova also filed a request for mediation regarding child custody, visitation and child support. The estranged pair share two young daughters.

Court documents obtained state that “the court orders both parties to participate in mediation to discuss custody and/or visitation” and help form “a mutually agreeable parenting plan.” A hearing is scheduled for March 2021.

Samodanova and Savchenko announced that they were going their separate ways after 14-years of marriage. At the time, Dancing With the Stars fans wondered whether Savchenko had become more than friends with season 29 partner Chrishell Stause.

Both denied the rumors.

Florida Divorce and Cheating

I have written about divorce and cheating before. Adultery can be the cause of a divorce, but can it impact the outcome? There is still a statutory basis for infidelity to be an issue in your divorce proceedings, but not in the way most people think.

Adultery may impact the division of property. Florida is an equitable distribution state, and it is presumed that property should be evenly divided. This presumption may be overcome by proof that one spouse intentionally wasted marital assets.

This waste is sometimes known as dissipation. Paying for expensive jewelry, foreign trips, rent, car payments, and dinners for girlfriends and boyfriends is considered wasting marital assets. The court has the power to reduce an adulterer’s equitable distribution to credit the marital estate for waste.

Florida law specifically provides that a court may consider the adultery of either spouse in determining the amount of alimony, if any, to be awarded. However, courts have struggled to reconcile the “fault” of adultery with the concept of “no fault” divorce. The result is a mix of weak opinions.

Chapter 61 discusses the “the moral fitness of the parents” as one of the factors the court considers in determining the best interests of a child.

So, if one parent can prove that the other parent’s adultery had, or is reasonably likely to have, an adverse impact on the child, the judge can consider adultery in evaluating what’s in the best interest of the child. However, it would be extremely unusual for an issue to be decided on those grounds.

They danced the famous Merengue

In photos published by Page Six, Samodanova wears a black swimsuit and red cover up as she shares a kiss on the beach with a man identified as none other than Dancing with the Stars’ Vlad Kvartin!

“It is very convenient that hours after Elena was caught out kissing another man on a beach in Cabo that she has now decided to announce that she has filed for divorce.”

My relationship with Chrishell was and remains platonic. Our friendship during our season on DWTS was not the reason for our split. Elena and I have had longstanding issues in our marriage. This has been an ongoing situation between Elena and I paired with poor timing.

Amid the pair’s messy split, an insider reported that Savchenko’s first priority was providing for his children. “Gleb is such a hands-on dad and very protective of his kids,” the source said. “He is trying to handle everything in the best way possible to not give Elena any sort of leeway for the sake of their children.”

Earlier this month, the Celebs on the Farm star joined Stause and her new boyfriend on a romantic couple’s trip to Mexico. Savchenko was accompanied by new girlfriend Cassie Scerbo.

As they showed off their budding romance on social media, a source revealed that the duo “really enjoy each other’s company” and “are just starting to get to know each other.”

In a very moving social media post, sure to touch everyone’s hearts, Samodanova sadly remarked:

“I don’t know if Prince Charming exists anymore. It’s a fairy tale which I do not really believe anymore.”

The People article is here.

 

Twitter, Divorce and Privacy

Posted by Ron Kauffman on

Twitter, Divorce and Privacy are in the news again after Kim Kardashian West and Kanye West’s latest string of controversial statements and Twitter sprees as a result of their widely rumored divorce. The twitter battle going on makes you wonder if there is any privacy after you file for divorce.

Divorce Privacy

Runaway

Kim Kardashian West is asking people to be understanding about husband Kanye West’s bipolar issues. After Kanye West fired off another barrage of wild tweets in which he said he’s been trying to divorce Kim Kardashian, the reality star requested compassion and empathy on behalf of those living with mental illness, including her husband.

“As many of you know, Kanye has bi-polar disorder. Anyone who has this or has a loved one in their life who does, knows how incredibly complicated and painful it is to understand. Those that understand mental illness or even compulsive behavior know that the family is powerless unless the member is a minor. People who are unaware or far removed from this experience can be judgmental and not understand that the individual themselves have to engage in the process of getting help no matter how hard family and friends try.”

Her Wednesday morning response came after the “Jesus is King” rapper, 43, said he has recently been trying to divorce her in an overnight rant, which was scrubbed from Twitter just a few minutes after it was posted.

“I been trying to get divorced since Kim met with Meek at the Warldolf for ‘prison reform. Meek is my man and was respectful that’s my dog. Kim was out of line.”

It’s not clear what exactly West was referring to, but his reality star wife, who’s 39, and rapper Meek Mill both attended a criminal justice summit in November 2018.

Florida Divorce Privacy

I’ve written on divorce privacy issues before. Divorce privacy is an issue that comes up a lot. Divorces in court are public events, and the filed records of court proceedings are public records available for public examination.

Both the public and the media can challenge any closure order by a divorce court. The closure of court proceedings or records should only really occur when it’s necessary to comply with established public policy, to protect trade secrets; or to protect children in a divorce among other reasons.

Florida also has new rules protecting sensitive data from public view. This includes protecting Social Security, Bank Account, Debit, and Credit Card Numbers because if those numbers are included in a document, they may become part of the public record.

If information is absolutely required, there is a rule with procedures for sealing and unsealing of court records. Also, the Clerk of Court has the authority to redact or make confidential only specific information.

If sensitive information has already been filed in Court Records, you must complete and submit a “Notice of Confidential Information Within Court Filing” in order to remove or seal it.

I love It

In a series of tweets earlier this week, he also claimed Kardashian and her mother, Kris Jenner, were trying to lock him up for medical reasons because of comments made during a rally in South Carolina, where he launched his 2020 presidential bid.

West told the crowd during the Charleston event that he and his wife considered an abortion when she became pregnant with their first child.

Kardashian has not publicly addressed her husband’s presidential bid, but emphasized in her recent statement that “living with bipolar disorder does not diminish or invalidate his dreams and his creative ideas, no matter how big they feel to some.”

“I understand Kanye is a public figure and his actions at times can cause strong opinions and emotions. He is a brilliant but complicated person who on top of the pressure of being an artist and Black man, who experienced the painful loss of his mother, and has to deal with the pressure and isolation that is heightened by his bipolar disorder.”

Kardashian, who married West in 2014, concluded the lengthy post by calling on society to use the grace they show while discussing mental health to those “who are living with it in times they need it most.”

“I kindly ask that the media give us the compassion and empathy that is needed so that we can get through this,” she wrote. “Thank you to those who have expressed concern for Kanye’s well-being and for your understanding.”

The two have four children, North, 7, Saint, 4, Chicago, 2 and Pslam, 14 months.

The New York Daily News article is here.

Photo by David Shankbone – Own work, CC BY 3.0

Greener Grass and the Marriage Length

Posted by Ron Kauffman on

Greener Grass and the marriage length come to mind now that country singer, Carly Pearce, filed for divorce from fellow country star Michael Ray after a startling eight-month marriage. What does the length of a marriage mean in a divorce?

Divorce Length Marriage

It Won’t Always Be Like This

Their wedding took place on a farm outside of Nashville, Tennessee. Located on 40 rolling acres, the venue features a 19th-century mansion, three barns and a pavilion. Though the couple had hoped for an outdoor wedding, the weather didn’t oblige. All-day rainstorms drove the ceremony into one of the farm’s barns.

While her whimsical wedding was nothing short of a fairytale, eight months later, the 30-year-old singer filed for divorce from Michael. Pearce is an American country music singer and songwriter. Her material contains elements of both traditional and contemporary country-pop music.

She began performing professionally in her teens, appearing on several albums of bluegrass material in the 2000s. After moving to Nashville, Tennessee, she began gaining more widespread notice.

She first gained major recognition in 2017 when her self-penned “Every Little Thing” found acclaim on satellite radio. The song helped her secure a major label recording contract and became a major hit, reaching number one on the Billboard Country Airplay chart.

Her debut album of the same name debuted in the top five of the Billboard Top Country Albums chart. Pearce has since released new material, including the 2019 single, “I Hope You’re Happy Now”.

Pearce released her second studio album, “Carly Pearce,” in February. Her duet with Lee Brice, “I Hope You’re Happy Now,” recently topped the Billboard country charts.

As recently as March, the couple appeared to be spending time together in quarantine. Pearce posted a selfie of her and her husband hanging out in lockdown.

Florida Marriage Length

I’ve written about divorce and the length of a marriage before. Florida Statutes actually define what the length of your marriage means. For example, in order to determine alimony, there is a rebuttable presumption in Florida that a short-term marriage is a marriage having a duration of less than 7 years.

Florida Statutes define a moderate-term marriage as a marriage having a duration of greater than 7 years but less than 17 years. And, a long-term marriage is a marriage having a duration of 17 years or greater.

How do you measure the marriage term? In Florida, the length of your marriage is the period of time measured from the date of your marriage until the date of filing of an action to dissolve your marriage.

In the Pearce case, an eight-month marriage would be considered “short-term” under Florida law. Is there short-term alimony for a short-term marriage? The Length of the marriage is very important when it comes to determining the kind of duration of alimony payments.

For example, permanent alimony is generally for longer term marriages if the statutory criteria are met. In shorter term marriages and for moderate term marriages, permanent alimony may be considered, but the burden of proof is much higher.

Conversely, bridge-the-gap alimony is generally awarded to allow a person to transition from being married to being single. So, bridge-the-gap alimony is designed for short-term needs. In fact, the length of an award bridge-the-gap alimony may not exceed 2 years.

Durational alimony helps provide a person with economic help for a set period of time after short or moderate length marriages or following a marriage of long duration if there is no ongoing need for support on a permanent basis.

The length of your marriage also factors in to property divisions. When a court divides the marital assets and debts, the court begin with the premise that the distribution should be equal. One of the factors a court can look to in justifying an unequal distribution includes the duration of the marriage.

“Love Has No Heart”

In April, the pair exchanged sweet birthday messages on Instagram.

“Happy Birthday to this guy, who also happens to be celebrating a Top 20 single this week (PROUD)! Of all the photos I have, I chose this one because I miss getting these secret selfies from guitar solos during your shows. What a crazy time, but I’m thankful to have you to go through it with. I hope this year is your best yet and brings you happiness, fun & enjoyment in life. Love you.”

Ray also wished his wife a happy birthday in April on Instagram.

There is so much going on around us but today it gets put on hold to celebrate your heart and you as a beautiful human. You ended your 20s with Platinum and gold singles you’re an inspiration tink and what a way to close it out. Now 30 it’s gonna be a decade that elevates all of life even higher. Hope you feel all the love you deserve today because you deserve it!”

In recent months, though, photos of the couple together became less frequent on social media. Pearce and Ray have not commented publicly on the reason for their split.

The Tennessean article is here.