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DeSantis signs bill eliminating permanent alimony Login/Join 
Leatherneck
posted
I love this. Thankfully my divorce was amicable so I don’t have a lifetime alimony payment. I couldn’t believe when my lawyer told me such a thing existed. To me the idea of paying a woman for the rest of her life is absolutely absurd. My alimony runs out when my kids turn 18 and graduate HS, or if she gets remarried. The idea that a woman can remarry and still get money from her ex is truly unbelievable to me.

DeSantis has done another great thing for Florida and I hope he stays. Although I got screwed by President Trump on alimony and have to pay taxes on it (instead of how it used to be where the recipient paid the taxes) I still want Trump to be POTUS and DeSantis stay here.

https://www.nbcmiami.com/news/...ent-alimony/3064096/

quote:
Along with eliminating permanent alimony, the measure will set up a process for ex-spouses who make alimony payments to seek modifications to alimony agreements when they want to retire.

Gov. Ron DeSantis on Friday signed a measure that will overhaul the state’s alimony laws, after three vetoes of similar bills and a decade of emotional clashes over the issue.

The measure (SB 1416) includes doing away with what is known as permanent alimony. DeSantis’ approval came a year after he nixed a similar bill that sought to eliminate permanent alimony and set up a formula for alimony amounts based on the length of marriage.

The approval drew an outcry from members of the “First Wives Advocacy Group,” a coalition of mostly older women who receive permanent alimony and who assert that their lives will be upended without the payments.

“On behalf of the thousands of women who our group represents, we are very disappointed in the governor’s decision to sign the alimony-reform bill. We believe by signing it, he has put older women in a situation which will cause financial devastation. The so-called party of ‘family values’ has just contributed to erosion of the institution of marriage in Florida,” Jan Killilea, a 63-year-old Boca Raton woman who founded the group a decade ago, told The News Service of Florida in a text message Friday.

The years-long effort to do away with permanent alimony has been a highly contentious issue. It elicited tearful testimony from members of the First Wives group. But it also spurred impassioned pleas from ex-spouses who said they had been forced to work long past the age they wanted to retire because they were on the hook for alimony payments.

Michael Buhler, chairman of Florida Family Fairness, a group that has pushed for doing away with permanent alimony, praised the approval of the bill.

“Florida Family Fairness is pleased that the Florida Legislature and Gov. DeSantis have passed a bill that ends permanent alimony and codifies in statute the right to retire for existing alimony payers,” Buhler said in a statement “Anything that adds clarity and ends permanent alimony is a win for Florida families.”


Along with DeSantis’ veto of the 2022 version, former Gov. Rick Scott twice vetoed similar bills. The issue spurred a near-fracas outside Scott’s office in 2016.

This year, however, the proposal received relatively little public pushback and got the blessing of Florida Family Fairness and The Florida Bar’s Family Law Section, which fiercely clashed over the issue in the past.

Along with eliminating permanent alimony, the measure will set up a process for ex-spouses who make alimony payments to seek modifications to alimony agreements when they want to retire.

It will allow judges to reduce or terminate alimony, support or maintenance payments after considering a number of factors, such as “the age and health” of the person who makes payments; the customary retirement age of that person’s occupation; “the economic impact” a reduction in alimony would have on the recipient of the payments; and the “motivation for retirement and likelihood of returning to work” for the person making the payments.

Supporters said it will codify into law a court decision in a 1992 divorce case that judges use as a guidepost when making decisions about retirement.

But, as with previous versions, opponents remained concerned that the bill would apply to existing permanent alimony agreements, which many ex-spouses accept in exchange for giving up other assets as part of divorce settlements.

“He (DeSantis) has just impoverished all the older women of Florida, and I know at least 3,000 women across the state of Florida are switching to Democrat and we will campaign against him, all the way, forever,” Camille Fiveash, a Milton Republican who receives permanent alimony, said in a phone interview Friday.

In vetoing the 2022 version, DeSantis pointed to concerns about the bill allowing ex-spouses to have existing alimony agreements amended. In a June 24, 2022, veto letter, he wrote that if the bill “were to become law and be given retroactive effect as the Legislature intends, it would unconstitutionally impair vested rights under certain pre-existing marital settlement agreements.”

But Senate bill sponsor Joe Gruters, R-Sarasota, tried to assure lawmakers that the 2023 version would not unconstitutionally affect existing alimony settlements. This year’s proposal “went to what is currently case law,” Gruters told a Senate committee in April, pointing to the court ruling.

“So what you can do right now, under case law, we now codify all those laws and make that the rule of law. So we basically just solidify that. So from a retroactivity standpoint, no, because if anything could be modifiable before, it’s still modifiable. If it’s a non-modifiable agreement, you still can’t modify that agreement,” he said.

The bill, which will take effect Saturday, also will set a five-year limit on what is known as rehabilitative alimony. Under the plan, people married for less than three years will not be eligible for alimony payments, and those who have been married 20 years or longer will be eligible to receive payments for up to 75 percent of the term of the marriage.

The new law will also allow alimony payers to seek modifications if “a supportive relationship exists or has existed” involving their ex-spouses in the previous year. Critics argued the provision is vague and could apply to temporary roommates who help alimony recipients cover living expenses for short periods of time.

Fiveash, a 63-year-old with serious medical conditions, said she can’t afford another legal fight over alimony.

“My fears are that they can take you back to court, and I don’t have the money for an attorney. I literally live off a little bit I get for alimony. I work part-time, because I have all kinds of ailments. And now I’m going to be left without anything, absolutely anything,” she said.

Health insurance, Fiveash added, will “probably be the first thing to go” if her payments are reduced or eliminated.

“This is a death sentence for me,” she said.




A death sentence. Yup. And she knows 3000 republicans who will switch to democrats now. Bullshit. If you think that your ex should support you for life then you weren’t a republican anyway. Republicans believe in personal responsibility and getting a payment for life isn’t that.




“Everybody wants a Sig in the sheets but a Glock on the streets.” -bionic218 04-02-2014
 
Posts: 15287 | Location: Florida | Registered: May 07, 2008Reply With QuoteReport This Post
Frangas non Flectes
Picture of P220 Smudge
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Wasn't someone just recently saying DeSantis would be able to pull all the middle-aged women that Trump has supposedly lost as a voting base? Big Grin


______________________________________________
“There are plenty of good reasons for fighting, but no good reason ever to hate without reservation, to imagine that God Almighty Himself hates with you, too.”
 
Posts: 17886 | Location: Sonoran Desert | Registered: February 10, 2011Reply With QuoteReport This Post
Leatherneck
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quote:
Originally posted by P220 Smudge:
Wasn't someone just recently saying DeSantis would be able to pull all the middle-aged women that Trump has supposedly lost as a voting base? Big Grin


Maybe. This might lose a few. But it’s the right thing to do and I celebrate people who do things that are right instead of worrying about votes.

Same with the SCOTUS decision on Roe to me. If not murdering babies means we lose a few votes, the lives of the babies are worth it.

To me at least.




“Everybody wants a Sig in the sheets but a Glock on the streets.” -bionic218 04-02-2014
 
Posts: 15287 | Location: Florida | Registered: May 07, 2008Reply With QuoteReport This Post
Frangas non Flectes
Picture of P220 Smudge
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quote:
Originally posted by Pale Horse:
Maybe. This might lose a few. But it’s the right thing to do and I celebrate people who do things that are right instead of worrying about votes.


For what it's worth, I agree with you and with this. I forgot it was you who was saying that, so I apologize, I wasn't trying to be a dick. I think it may hurt him with that demographic some, but it is the right thing to do. Men have been getting the shit end of the stick in divorce for a long time.


______________________________________________
“There are plenty of good reasons for fighting, but no good reason ever to hate without reservation, to imagine that God Almighty Himself hates with you, too.”
 
Posts: 17886 | Location: Sonoran Desert | Registered: February 10, 2011Reply With QuoteReport This Post
Leatherneck
posted Hide Post
quote:
Originally posted by P220 Smudge:
quote:
Originally posted by Pale Horse:
Maybe. This might lose a few. But it’s the right thing to do and I celebrate people who do things that are right instead of worrying about votes.


For what it's worth, I agree with you and with this. I forgot it was you who was saying that, so I apologize, I wasn't trying to be a dick. I think it may hurt him with that demographic some, but it is the right thing to do. Men have been getting the shit end of the stick in divorce for a long time.


No worries at all P220. We had a back and forth a bit ago and I know we have a mutual respect despite some differences in opinions. Your feedback is always welcome.




“Everybody wants a Sig in the sheets but a Glock on the streets.” -bionic218 04-02-2014
 
Posts: 15287 | Location: Florida | Registered: May 07, 2008Reply With QuoteReport This Post
Honky Lips
Picture of FenderBender
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quote:
Although I got screwed by President Trump on alimony and have to pay taxes on it (instead of how it used to be where the recipient paid the taxes)


Come again? you have to pay taxes on money you're handing over to an ex? What kind of justification are they using for that?
 
Posts: 8195 | Registered: July 24, 2009Reply With QuoteReport This Post
Leatherneck
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quote:
Originally posted by FenderBender:
quote:
Although I got screwed by President Trump on alimony and have to pay taxes on it (instead of how it used to be where the recipient paid the taxes)


Come again? you have to pay taxes on money you're handing over to an ex? What kind of justification are they using for that?


So I don’t know, but my assumption is that the government, regardless of who is POTUS, doesn’t actually want to lose money, so as an offsetting measure the “Trump tax cuts” changed the rules on alimony payouts. If you got divorced before 2019, the recipient paid taxes, which is as it should be IMO. But after 2018 the payer pays taxes and cannot deduct that expense anymore.

Obviously from a government standpoint it makes sense as my effective tax rate is significantly higher than my ex-wife’s, and I’d assume that case for most people paying alimony to their ex.

I estimate that I’m paying around 5 grand in taxes on money she is getting, whereas she’d only pay about 1500 in taxes if she claimed it as income. I don’t know how much she actually makes at her job so that’s all a guess, but I think it’s a pretty good one. So the government gets to pocket roughly $3500 more.

So yeah, it’s not much of a tax cut for me.




“Everybody wants a Sig in the sheets but a Glock on the streets.” -bionic218 04-02-2014
 
Posts: 15287 | Location: Florida | Registered: May 07, 2008Reply With QuoteReport This Post
Member
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quote:
But, as with previous versions, opponents remained concerned that the bill would apply to existing permanent alimony agreements, which many ex-spouses accept in exchange for giving up other assets as part of divorce settlements.

“He (DeSantis) has just impoverished all the older women of Florida, and I know at least 3,000 women across the state of Florida are switching to Democrat and we will campaign against him, all the way, forever,” Camille Fiveash, a Milton Republican who receives permanent alimony, said in a phone interview Friday.

She's part of the problem.
People like her, are the reason why such a law was passed. Good chance she did little to change or, improve, her situation after the divorce, other than making sure she was living within the budget of her monthly payments. If she was more dirty, she'd hustle herself into a series of other relationships and get a sugar daddy to 'sponsor' her... while also collecting alimony.
 
Posts: 15194 | Location: Wine Country | Registered: September 20, 2000Reply With QuoteReport This Post
Member
Picture of sourdough44
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I just went through this, long term marriage, kids over 18. Yes the tax law was changed, now if you pay ‘maintenance’ it’s after-tax $$, no deducting anything.

I ended up doing a ‘lump-sum’ payout, may not be right for everyone. In my case it’s over, in stone, no coming back to go after pay increases.

In WI 98% of the payers are men, just a statistic, most know how it ends up that way.

Look at some of the ‘rules’, somewhat patronizing to 98% women. I’m talking about remarriage they would lose maintenance, also with 10+ years married they can collect SS on EX spouses earnings. That is again if they don’t get remarried.
 
Posts: 6547 | Location: WI | Registered: February 29, 2012Reply With QuoteReport This Post
Leatherneck
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I have a unique situation because I travel a lot for work. I had a buddy who traveled like I do and almost never saw his kids, because despite having partial custody, his ex had a strict schedule and if he was out of town during his scheduled time, she wouldn’t let him see the kids when he came back home.

My lawyer told me we could fight my arrangement and almost certainly win so that my alimony and child support was less. But he told also me that if we fought the money side, she could legally be a bitch on the custody side. I don’t think she would be a bitch about it because she’s a good person, but I didn’t want to risk it. He asked me if I cared more about my relationship with her and the kids, or about the money. So I’m paying more than I should and it’s okay with me because she is super cool about me seeing the kids whenever I can and has always been extremely flexible with my schedule.

But if she gets remarried there is absolutely no chance that I’m paying to support her and her new husband.




“Everybody wants a Sig in the sheets but a Glock on the streets.” -bionic218 04-02-2014
 
Posts: 15287 | Location: Florida | Registered: May 07, 2008Reply With QuoteReport This Post
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