What is New in the World of Dissolution of Marriage in Orlando, FL in 2017?
- January 3, 2017
- ontarget
- Divorce, Family Law
- 0 Comments
The Florida Legislature most likely will revisit whether permanent alimony should be abolished. They have visited that issue the last few years. However, it has remained in place. This issue will mostly be contested again. Each year the attorneys anticipate it will be abolished. Yet it survives. The FL BAR Marital & Family Law Section has worked to preserve permanent alimony. However, there are fierce opponents who want it abolished. What will happen in 2017?
This is relevant to your case, if you have been married 17 years. Then there is a presumption of a long-term marriage. You would argue for permanent alimony. You would need to show the following; a need for alimony and that your spouse has an ability to pay alimony. You would also have to prove that you qualify under the factors in FS 61.08.
This may also apply to a midterm marriage where you have given up your career to support your spouse’s career and raise the children. You can also argue for permanent alimony. Again, you must prove a need for alimony on your part and the ability to pay alimony by your spouse. You must also show that alimony is appropriate under FS 61.08.
There should be a definite answer on whether permanent alimony survives or is abolished by the legislature around March 2017. The question is: will permanent alimony in FL survive another year or be abolished?
The other issue that most likely will come before the legislature this session is: whether a time sharing presumption of Fifty (50) percent for one parent and Fifty (50) percent for the other parent is in the best interest of the child. This did not pass into law last year. However, it has been addressed the last few years. It will probably be brought up again in this year’s legislative session. This is relevant if your spouse’s behavior and actions are such that your spouse is not appropriate to have Fifty (50), Fifty (50) time sharing with the children. Again, there should be an answer on that sometime around March 2017. The court would still analyze the best interest of the child factors too. The question is whether the court starts with a presumption that 50 50 time sharing is in the best interest of the child.