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Alimony Reform

SUMMARY of CS/SB 1248: The bill makes various changes to laws relating to the amount and duration of alimony awards, grounds, and procedures for modifying an alimony award due to a substantial change in circumstances, and timesharing with children. Regarding alimony awarded to assist a party with legal fees and costs in a dissolution of marriage case, this bill requires the court to consider need and ability to pay, and the same bases for alimony required of all alimony determinations in dissolution cases. With respect to alimony amounts, the bill establishes presumptive alimony ranges, for courts to use in determining the amount and duration of alimony awards. The presumptive amounts are determined by formulas based in part on the difference between the parties’ gross incomes and the duration of their marriage. However, the combination of alimony and child support may not exceed 55 percent of the obligor’s income. The bill also generally limits the duration of an alimony award to 25 to 75 percent of the duration of the parties’ marriage. The bill specifies events that constitute a substantial change in circumstances which are grounds for modifying or terminating an alimony award. These grounds include increases in the recipient’s income, the involuntary underemployment or unemployment of the obligor, and the obligor’s retirement. This bill authorizes an obligor to request that the court preapprove the customary retirement date for the obligor’s profession one year in advance of retirement.

The bill also lessens the proof required to show the existence of a supportive relationship between an alimony recipient and another person. To protect an award of alimony, the court may order an obligor to purchase a security, such as a life insurance policy or a bond. Security is modifiable if the underlying alimony award is modified. With respect to timesharing with a child, the bill establishes a presumption that approximately equal timesharing with a child by both parents is in the child’s best interest. However, a court may establish an unequal timesharing arrangement if after the consideration of a number of factors, unequal timesharing is supported by written findings of fact. The bill provides that it does not affect the duration of existing alimony awards. However, for the court to consider modifying a preexisting alimony obligation based on a provision of the bill, the petition must be before the court for a reason other than the enactment of the bill.

THIS BILL DID NOT PASS THE SENATE AND DIED ON THE CALENDAR. HOWEVER, IT WILL MOST LIKELY BE BROUGHT UP AGAIN IN THE JANUARY 2016 LEGISLATIVE SESSION.