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HB 943 - Amends Alimony Law - Florida Key Vote

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Title: Amends Alimony Law

Vote Smart's Synopsis:

Vote to pass a bill that amends existing law regarding alimony, effective October 1, 2015.

Highlights:

  • Establishes the following formulas for determining monthly alimony payment amounts (Sec. 2):
    • No less than 1.5 percent of the years of marriage or 20 years, whichever is fewer, multiplied by the difference between the monthly gross incomes of the individuals; and
    • No more than 2 percent of the years of marriage or 20 years, whichever is fewer, multiplied by the difference between the monthly gross incomes of the individuals.    
  • Requires that the duration of alimony payments be at least 25 percent of the years of marriage and no more than 75 percent of the years of marriage (Sec. 2).
  • Specifies that if the duration of the alimony award is 50 percent or less of the length of the marriage, then the court shall use the actual years of marriage, up to a maximum of 25 year (Sec. 2).
  • Prohibits alimony payments for marriages of 2 years or less, unless there is a convincing need and a demonstrated ability to pay for alimony (Sec. 2).
  • Authorizes the court to award alimony in quantities outside of the specified ranges if both parties agree to the quantity and duration of the payments (Sec. 2).
  • Authorizes the court to award “nominal alimony” in the quantity of $1 per year, if the party who has traditionally provided the primary source of financial support to the family lacks the ability to pay support temporarily (Sec. 2).
  • Requires that the court adjust the award of child support in order to ensure the sum of alimony and child support never constitutes more than 55 percent of the payer’s net income (Secs. 2 & 7).
  • Authorizes an individual paying alimony to ask for a reduction in payment amount if the ex-spouse’s income increases by at least 10 percent (Sec. 6).
  • Specifies that alimony payments end in any of the following circumstances (Sec. 6):
    • When the ex-spouse reached the federal retirement age;
    • When the ex-spouse enters a “supportive relationship”; or
    • When the ex-spouse remarries.
  • Requires both parents to split time 50-50 with their children who are below the age of 18, unless the judge deems it in the best interest of the child to divide time otherwise (Sec. 3).

 

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