The subject of the interview was current alimony reforms in the state of Florida.

Learn more about these potential changes here.

As a result, alimony payers will often find themselves trapped in very costly payments for the rest of their life, or other drastic situations.  Therefore, two new bills have been proposed and are being pushed through the Florida government to revise out of date alimony laws.

Current Alimony Structure

Currently, in the state of Florida alimony is left to the sole discretion of the judge seeing the case.  This means is that alimony has the potential to vary widely from case to case.  Some variables include the duration of alimony payments, which in some cases is for life, tax treatments and consequences of alimony, the proportion of the person’s net income which alimony can be, cohabitation rules, and more.  As a result, some men (and women) can pay alimony that is a major portion of their net income until the day they die, placing a significant financial and emotional strain on the person that may not always be proportional to the duration of the marriage.

Alimony Revisions

In 2011 two bills were introduced into Florida legislature to revise alimony laws and practices.  These are similar to an alimony reform bill recently passed in the state of Massachusetts to prevent abuse of the system.  The actual bills are House Bill 549 and Senate Bill 748.  Unfortunately, misconceptions about the Florida reforms are resulting in some backlash from groups such as NOW (the National Organization for Women) and headlines in the Orlando Sentinel such as “In new alimony bill, wealthy, cheating men could pay less.”  In this article Scott Maxwell attacks the bill, saying that it is “radical,” “unconstitutional,” and “anti-woman.”

The bill, however, is not aimed to do any of the aforementioned things.  The bill’s sponsor, Ritch Workman, says he is working alongside the group Florida Alimony Reform to make the state of alimony in Florida fair.  The bill seeks to end long-term alimony which prevents payers from retiring at a normal age due to their steep lifetime alimony payments.

Some of the provisions within the bill which will aim do this include, but are not limited to:

• Allow existing alimony payers to modify their judgments through the new law.
• Cap the alimony payment at a certain percentage of the net income of the payer.
• Base the maximum duration of alimony around the length of the marriage.
• Prohibit the use of a payer’s current spouse’s income or assets in a modification.
• Termination of alimony upon full retirement age, barring extreme circumstances.

While some claim that the bills favor men, and it is true that traditionally more men pay alimony than women, the bill will be implemented equally across all alimony payers, men and women.

Other states such as West Virginia and California are considering revising their alimony laws, following suit of Florida and Massachusetts.  Other resources for more information include Alimony Reform websites and websites of the Florida Government.

If you have questions about the reforms, how they can affect you, or anything else relating to alimony now or in the future Managing Attorney Jeffrey Feulner and the Men’s Divorce Law Firm are here to help.  We aggressively represent husbands and fathers in family law cases, including alimony, and are poised to represent you.  Contact our client relations manager today to schedule a consultation.

The final launch of Atlantis marked the end of the Space Shuttle program for America. But, for thousands of residents of the Space Coast of Central Florida it also marked the end of, in some cases, decades of employment.  Those who also happened to be divorced may now face another burden: alimony.

See what he had to say about this here:

Ms. Benedict, who often writes about alimony reform, has recently published an article illustrating how the ending of the Space Program will affect alimony in Florida:

“The end of the 30-year-old Space Shuttle Program is old news, but every layoff hits every worker and every family hard when the pink slip finally comes. And a new round of layoffs is scheduled for October.

The folks who lose their jobs at the Kennedy Space Center have a special burden that those at the Houston office don’t. In Texas, alimony is limited to three years after a 10-year-long marriage. In Florida, family courts are heavily biased against men, and much of the alimony that’s doled out, even to women in their 30s and 40s, is permanent. There’s an industry of attorneys who only represent men. It’s the boys vs. the girls from the get-go, and the prevailing attitude is that men are sugar daddies and women are helpless.

Ninety-seven percent of alimony payers are men. In rare cases in Florida, when women are ordered to pay alimony, it’s short-term.

Walking papers in hand, laid-off workers must return to divorce court, plead for relief in their alimony payments, and hope against hope that it’s coming. It helps to show up with a lawyer, and it helps to expect the worst. A judge told a petitioner several years ago that he should have been saving money for alimony in case he lost his job.

One laid-off worker already filed court papers. What should be an ordinary adjustment escalated once his ex-wife claimed that he, a lead engineer on 100 Space Shuttle launches, quit work voluntarily. Her lawyer is demanding three years of pay stubs and bank statements—and threatening to plunder his 401K for her legal fees. He fears the worst; he declared bankruptcy after his divorce. His attorney wanted—and got—$10,000 up front.

For him and other payers, there is no automatic end to or reduction in alimony, even at retirement, even when it the payer is disabled or retirement is required, as with airline pilots. Couples divide marital assets, including pensions—or judges divide them, often giving women more than half—and the payer is expected to work forever or use his assets to pay alimony, even though the ex has gotten her fair share. A payer’s new wife can even get embroiled when the ex-wife makes a claim on her resources.

Payers are afraid to tell their stories because they’re ashamed, don’t want to hurt their children, and because going public might hurt a court case.

Last year, the Florida legislature made a few changes in the laws, and cut down on the wholesale awards of permanent alimony to all, but did nothing to protect people who want or need to retire, and nothing to help the thousands of payers already burdened by crushing debt, with no light, ever, at the end of the tunnel. This year, a grassroots organization, Florida Alimony Reform, is pushing for real change. Opposition will come from the Florida Family Bar, a powerful force in state politics.

As the Space Shuttle sinks, the alimony wars are set to soar.“

- View article here

If you need or someone you know needs legal assistance with their alimony problems contact Orlando Lawyer Jeffrey Feulner and the Men’s Divorce Law Firm today.

“In every corner of the country — California, Massachusetts, Florida — spousal support is in the news. These last two weeks have been a crash course in what we talk about when we talk about alimony.

The legal theory here is that spousal support should not be tied entirely to “need.” The ex is entitled, the thinking goes, to money for time served and investments (emotional, financial) made.  It is a serious issue of who deserves alimony/spousal support, what for, and for how long. Most states have already answered these questions. In Texas, alimony lasts for three years in a marriage that’s ten years or longer; in New York, alimony is intended to help the lower earner become self-sufficient ASAP, though exceptions are made when large fortunes are involved. In Rhode Island, alimony is rare; even victims of domestic violence are not automatically entitled. In most other states, alimony, when there is any, usually has a time limit determined by the couple, amicably, or by a judge, less amicably.

By contrast, under the long-standing Massachusetts law there is no way for a judge to set a time limit on alimony. As a result, the state has become littered with men (97 percent of payers are men) paying lifetime alimony to women who are in their 30s, 40s, and 50s, and who may be highly educated, highly skilled, who may have worked throughout their marriages for high wages, and may be working still. There are cases of women who, after dividing millions in marital assets, are making $100K-plus in their jobs and receiving lifetime alimony from an ex who makes $150K plus. The payments don’t end at retirement, only at the recipient’s remarriage or death. And few remarry because the money supply will end. And there are cases of men in their 70s and 80s — some in nursing homes with dementia — paying alimony from Social Security checks while their “new wives” of many decades must chose between paying the alimony and buying prescription drugs.

Down south, in the retirement capital of the country, the news is grim. A grassroots organization, Florida Alimony Reform, just released a chilling report, “The Shame of Florida: Alimony Horror Stories from the Sunshine State,”, detailing 33 stories of financial and emotional abuse created by current laws, which have much in common with the Massachusetts laws just voted out.

Far from painting Florida as a dreamy retirement spot, the message seems to be: If you’re male, stay as far from this place as you can, lest you too become a victim of alimony payments without end and of courts where gender bias runs deeper than common sense and simple justice. Divorce is a no-fault proposition – but alimony is often forever, even when the recipient works, cohabits with another partner for years, and starts collecting in her 30s.

As in Massachusetts, men in their 70s, living on Social Security, are paying lifetime alimony to women who received more than half the marital assets and have pensions and Social Security of their own. Men in their 40s and 50s are told by judges that their combined alimony and child support payments will “impoverish” them, but the judgments are ordered–and impoverishment follows–despite a recent amendment that prohibits impoverishing an alimony payer.

The gender bias is so extreme and so obvious that some lawyers market themselves as only serving one sex or the other. Orlando attorney Jeffrey Feulner runs the firm he calls Men’s Divorce. He chose to limit his practice because “I saw the need for someone to champion the cause of husbands and fathers,” he explains. “There’s the appearance of bias in how men have been treated in court cases.” He points out the benefits of not involving the state in a committed relationship, while noting that the Florida legislature recently amended alimony laws in several positive ways for his client base. He hopes Florida legislators will continue to fine tune the statute and “add some things that are now part of Massachusetts law.”

Judges can now limit alimony if they chose–though they can still award permanent alimony for short-or medium-length marriages. And new law prohibits, at least on paper, an alimony recipient from having more money than an alimony payer–something that common sense or simple justice did not take care of in the past. But no one with judgments entered before these changes has the right to correct the abuses inflicted on them.

Welfare recipients are given several years to get on their feet, but the same is rarely expected ever of able-bodied, educated ex-spouses in Florida. The Sunshine State needs to follow Massachusetts into the 21st century, pronto. In the meantime, slather on the sunscreen– and stay out of those shark-infested waters.”

– By Elizabeth Benedict — Read Full Article

Contact Orlando Lawyer Jeffrey Feulner, featured in this article, and the Men’s Divorce Law Firm today.

A summary of the new changes to Florida alimony law:

• If a court awards permanent alimony in a short-term marriage (a marriage under 7 years long), there must be documented exceptional circumstances.
• An award of permanent alimony for a moderate-term marriage (between 7 and 17 years) must be supported by “clear and convincing evidence.”
• Before a judge awards permanent alimony, there must be a stated justification that no other form of alimony (short term alimony) would be fair and reasonable.
• An award of alimony must not leave the person paying the alimony with significantly less income than the person receiving the alimony – unless there are exceptional circumstances.

Definitions:

Exceptional circumstances:

Facts that go far beyond a normal, everyday situation. But remember, the everyday situations in many divorce cases are already pretty extreme. For example, a spouse that becomes completely disabled during the marriage from an accident or disease may qualify as an exceptional circumstance. Or if the other spouse does something wrong or vengeful that permanently damages the other spouse’s career; that may qualify as an exceptional circumstance. Anything like the examples mentioned may be adequate reasons for a court to give a spouse permanent alimony after a short-term marriage. But remember, the shorter the marriage, the more extreme the facts must be. A two year long marriage would not qualify for permanent alimony unless something absolutely horrible happened during that prior two years.

Clear and Convincing Evidence:

Fact must be really obvious and clear to meet this standard that is now required for permanent alimony in a medium length marriage (between 7 and 17 years). Normal divorce court decisions must be supported by the “more likely than not” standard for evidence and faces. But the new alimony statute requires evidence at the level of “no-brainer.” In other words, the court must see evidence that almost speaks for itself.

Significantly Less Income:

No one knows what that phrase means. But you can be sure it will be fought out in every family law court in Florida.

The new 2011 alimony law for Florida applies to all new orders signed by the courts after July 1, 2011. It also applies to any alimony judgments modified after July 1, 2011. Also included are any pending cases as of that date. One interesting thing to note: you cannot modify an old alimony award if nothing else has changed other than the alimony statute.

Comments on the new 2011 Florida Alimony Law:

A principle that may alimony attorneys are aware of is that a judge will usually decide what they want to do, and then figure out how to support that decision with legally supportable reasoning. . If a judge needs “exceptional circumstances,” all they have to do is look in the facts of the case and pick anything that reasonably qualifies. So the new alimony law will have minimal immediate effect on family law trial court decisions.

Over time, appellate courts will reverse some trial court decisions that do not conform to the new law. That will eventually have the effect of guiding trial court judges on how to apply the new alimony statute. Like all new laws, it takes years for the effect to be seen in ongoing cases. So the moral of the story: do not look for immediate, radical changes in the outcome of cases. Make sure your attorney knows the new alimony law and plans to use it to your advantage.

If you need help with your alimony matters contact Jeffrey Feulner and the Orlando Family Law Firm the Men’s Divorce Law Firm today.

The U.S. Census Bureau says that there are presently 158-thousand stay at home dads, and that number is growing.  CBS News also reports on the growing numbers of stay at home dads.

It’s clear that traditional gender roles within the household are shifting with the modern day family.  But, are perceptions within the law also shifting to meet these new family dynamics?  For example if you have one spouse who is a high-powered executive and primary bread-winner of the family making $400,000 a year does it matter if that spouse is the man, or the woman?

Family Law attorney Jonathan Fogel seems to think that old perceptions still weigh more heavily than income or status.  “I see this type of situation all the time with women who are successful business owners, CEOs and executives. They’ve been the top, or only earner in the family. Then, all of a sudden, they’re getting a divorce and are expected to support their husbands with what’s now being dubbed as manimony. Let’s just say my clients that fall into this category aren’t too pleased about supporting their exes.”

Women argue even if they are the CEO of their own company, for example, they are still often the CEO of the house as well. The school calls them when the kids are sick. These moms still take the kids to the dentist, doctor and extracurricular activities and often wake up in the middle of the night when the child is sick. These high-powered female executives argue because they are moms, by definition, the bulk of the care seems to rest on their shoulders. They’re doing double-duty, so to speak, and don’t want to send a check to their ex every month because they don’t believe he bares the brunt of the single parent job.

But, for years men have been paying support to ex-wives who have been staying home to raise the children and manage the house.  The argument is that these moms have sacrificed income and a career for their families and they deserve a compensation for that sacrifice.  However the goal of spousal maintenance is to financially support someone who cannot support himself or herself after the marriage ends.  So should the rules change if this spouse is the man or the woman in the relationship?

Jeffrey Feulner and the Men’s Divorce Law Firm are knowledgeable in alimony law and are here to answer your legal questions.  Aggressively representing husbands and fathers we believe in fairness for all parties at all points in the marriage or divorce process.

Camille filed for divorce from the 55-year-old Hollywood actor on July 1, 2010 after Kelsey told her he wanted out of their 13-year-marriage. On July 2, 2010, Kelsey tweets, “I know people will be tempted to say some mean things. I realize that it is human nature but I ask that you be particularly sensitive to the feelings of my wife. She has been a terrific partner for many years and should not be treated with any disrespect at this time.”

In subsequent Twitter posts, the actor confessed, “Things fell apart between us. That is all. She is still the mother of my children and any disparagement of her will only hurt the children. Camille did not want this but has made a very difficult decision and I respect her for it. I appreciate your kindness for all parties in this matter. Especially for her and the children.”

To make juicy tabloid gossip even more tantalizing, “Kelsey has reportedly asked the judge handling the couple’s divorce case to bifurcate the matter and grant a divorce decree as soon as possible while postponing the division of the couple’s marital assets at a later time.”

So why does he want such a swift break from his current marriage? Why does he refuse to sign a pre-nuptial agreement the fourth time around? An insider close to the actor reveals, “Kelsey is deeply in love with Kayte and can’t imagine spending the rest of his life with any other woman in the world. He knows she’s the one and wouldn’t insult her by asking her to sign a pre-nup. Kelsey doesn’t care about the money. He never has. This is about being happy. Finding someone who is your best friend. He doesn’t want to wait any longer.”

So, what does the current Mrs. Kelsey Grammer say to that?  Apparently, this scorned woman lashes out against her estranged husband in an interview with America’s shock-jock, Howard Stern. Stern probed, “When you say you ‘needed a man’ to be with you, was he a little bit gay… Are you saying he couldn’t get it up… Are you saying in your marriage, Kelsey dressed up like a woman… Wow, Kelsey is a total freak.” Click here to listen to the intimate, uncut and graphic insinuations of the most hated housewife of Bravo’s Real Housewives of Beverly Hills.

After planting various seeds of gossip in the media, Camille comes forth with the truth in an interview with ET’s Reporter Nancy O’Dell claiming, “It was a joke.” Nancy asks Camille if she has any concerns about how Kelsey is being portrayed because of their two children — a son and a daughter.  The housewife replies, “Of course, I want to protect him. I want to protect my children, but I think what he’s done to me is absolutely awful. He left me to go to New York. He didn’t want me to come because he said with rehearsals he was too busy. Then I find out he moved somebody else into our apartment that we found [to live in] together for the duration of the play. Then after that, I found out she was pregnant and I found that out right after I filed for divorce … a couple of weeks after.” Click here to read more.

In a recent U.K. article, “Camille Grammer Wants All of Kelsey’s Money,” insiders claim she is planning to squeeze every last dime out of the former Frasier star— sources say.  Previous reports have claimed Kelsey’s divorce from Camille could cost him more than $71 million. However, Camille — who owns half of the star’s Grammnet Productions television company — is said to be seeking the payout for revenge, rather than monetary reasons.

According to reports, Camille is requesting joint legal custody and primary physical custody of the children, as well as spousal and child support. Kelsey is allegedly not offering spousal support and is requesting Camille receives none of his earnings from before the marriage.

Grammer and his fiancee, a twenty-nine-year-old British air stewardess, currently live together in New York City while the actor performs in the Tony Award winning play, “La Cage Aux Folles.” Click here to view recent photographs taken of the happy engaged couple.

What other celebrities in Hollywood refuse to sign a pre-nuptial agreement before getting married?

The Green Hornet star, Seth Rogen, insists he has no intention of drawing up legal documents to protect his fortune before he ties the knot with his fiancee Lauren Miller later this year.

Jessica Simpson is newly engaged to her NFL playing boyfriend, Eric Johnson, and the couple will not be signing a pre-nuptial agreement to protect Simpson’s numerous assets.

Russell Brand must really think he has found “The One” in Katy Perry. So much so that the entertainer has apparently refused to sign a pre-nuptial agreement before tying the knot with Katy.

Many times when a man or woman remarries after a complicated and drawn out divorce, they will be interested in entering into a pre-nuptial agreement. After dealing with the stress of a previous divorce, it may be a good idea to enter into a new marriage free of the worry of what might happen down the road.

A pre-nuptial agreement will govern who gets what and who is responsible for what if the marriage comes to an end. To discuss your options and determine what should be included in your pre-nuptial agreement, contact the Men’s Divorce Law Firm today to schedule a consultation.

The changes apply to all alimony awards entered on or after July 1, 2010.  The new law cannot be used as the basis for a modification of an alimony award determined before July 1 of this year.  The changes bring some clarity to what has long been a vague area of family law.  The law affords Judges additional guidance in making alimony award determinations and actually provide some bright line rules.  The first step is still a factual determination as to the financial status of the couple involved, focusing on the party’s need for alimony and the other’s party’s ability to pay alimony.

Prior to the recent changes, a court had the authority to consider a number of factors as it determined whether alimony should be granted, and if so, in what amount. Those factors included:

a)    The standard of living enjoyed by the couple;

b)    The duration of the marriage;

c)    Age and physical and mental condition of the parties;

d)    The financial resources of each party;

e)    Earning capacity, as well as education, skills and employability of the parties;

f)     Contributions by the parties to the marriage;

g)    Any other factors the court determines are relevant to an equitable alimony arrangement.

Under the new statute, there are now three additional factors for a judge to consider when making an alimony award in Florida:

a)    The responsibilities each party will have with regard to any minor children they have in common.

b)    The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.

c)    All sources of income available to either party, including income available to either party through investments of any asset held by that party.

Under the new alimony statute, marriages are divided into three categories of duration and more concrete time frames are provided for categorizing a marriage’s duration. The new law lengthens the amount of time the marriage must last before permanent alimony becomes a strong claim.

a)    Short-term: less than seven years of marriage;

b)    Moderate: between seven and 17 years;

c)    Long-term: more than 17 years of marriage.

The newly revised Florida Statute §61.08 divides alimony into the following categories. 

a)    Bridge-the-gap alimony

Bridge-the-gap alimony provides support to allow a party to transition from marriage to single life, helping with short-term financial needs. This form of alimony cannot exceed two years. Bridge the Gap Alimony cannot be modified after it is awarded. In other words the court cannot increase the amount, nor can they lengthen the period to be paid.

b)    Rehabilitative alimony

Rehabilitative alimony is to help a party become self-supporting by redeveloping previous skills or acquiring new skills through education or training. For example, this type of alimony is intended to allow an individual to return to school for a new career, improve job skills, or take a refresher course. The underlying purpose is to increase or establish the income of a non-working spouse or a spouse that does not earn enough to be self-sufficient.

The new law creates the requirement of rehabilitative alimony that there be a written rehabilitation plan. For example, a plan can consist of a budget for a college degree along with necessary living expenses.

c)    Durational alimony

The new alimony statute created Durational Alimony. This is a short-term alimony award that would be appropriate if none of the other categories are suitable. The new statute suggests that Moderate Term marriages of between 7 and 17 years would be appropriate for Durational Alimony. This form of alimony is paid for a court-determined length of time not to exceed the length of the marriage itself. A durational award may be later modified in amount but not in length.

d)    Permanent

Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage for the party who lacks the financial ability to meet his or her own needs following a divorce.

Permanent alimony will  most likely be awarded only if following a marriage of long duration.  Permanent alimony may be awarded following a marriage of moderate duration if such an award is appropriate under the aforementioned factors. A permanent alimony award is only appropriate after a marriage of short duration if there are exceptional circumstances.

Contact the Men’s Divorce Law Firm today should you wish to discuss your unique case that may involve an award of alimony.

Fathers, Families, Fairness.

The ultimate purpose of alimony is to level the playing field post divorce in long term marriages. In determining whether alimony should be awarded, the Court will first determine whether your marriage was a short term marriage or long term marriage, or a grey area marriage. While there is no bright line rule, marriages of fifteen years or more are considered long term and there is a presumption of alimony.

It should also be noted that there are multiple types of alimony including rehabilitative alimony, permanent periodic alimony, and temporary alimony. The ultimate purpose of alimony is to ensure that both parties are able to provide for themselves post-separation.