Navigating the Waves of Change: Florida Alimony Reform in 2023 and its Impact on Your Future

Divorce is a reality that profoundly affects the lives of each family member, children and parents alike. A variety of deeply emotional wounds may be created before, during and after a divorce. During this experience, the emotions and needs of the children should be treated with utmost care. It is a parent’s duty to put their children’s needs before their own and try to find ways to lessen the impact a divorce will have on their children. Parents should focus on making the process as amicable as possible.

Taking Grandchildren on Vacation

Although going through a divorce is without a doubt very draining emotionally, couples can find ways deal with it in a way that is good for them and their children. An example would be taking some time off and spending time away from the children. Grandparents can take the children for vacation in order to distract them from the problems their parents are facing. Grandparents are a good choice because they provide the stability and the reassurance the children need, along with the comfort of family.

Such a break is also very important for the divorcing couple because they can take this time to concentrate on the issues which need to be resolved in the divorce without having to worrying about how things may be affecting their children and trying to shield them from conflicts. With the children being on vacation with grandparents, the divorcing couple can focus on the divorce, given them the time to expedite the divorce proceedings. This will also ensure that the children do not see or hear any arguments or negativity between their parents.

If the grandparents are available and willing, some time away from the divorce is beneficial for both the children and the parents, and it is an option divorcing couples should consider. This will give the parents some time and space to make rational decisions, which will help them and their children through the divorce process with the least amount of emotional impact as possible.

Here is a list of attractions and ideas for simple getaways in North Florida:

• Camping and RV Parks listed via VisitJacksonville.com
• Taking a road trip through North Florida via Travel & Leisure
• A visit to the Natural Springs near North Florida
• Coastal Georgia list of activities and attractions
• If you have a little more travel time, here are 5 Secret Islands off the coast of Florida

Alimony reform is again on the Governor’s desk in Florida. The bill made it out of the legislature and was sent to Governor Scott on Monday, April 4, 2016. The Governor has until April 19 to sign or veto the bill. This is the latest round in the attempt to change the alimony law in Florida.

The Arguments

Many are in support of the alimony law already in place in Florida. Those who receive alimony, such as those who have never had a career due to having to raise children or keep the home, believe the alimony law should not be changed. On the other hand, those who are paying alimony commonly feel they are being taken advantage of and should not have to financially support a former spouse for many years after the divorce. No matter what the other spouse may have done during their marriage, many alimony paying spouses feel that the alimony law forces them to pay too much money to the other party, and for too long.

The New Proposition

The legislation that is being considered by the Governor, if it becomes law, will significantly change the way alimony is determine in Florida. These new changes include:

• Judges will have guidelines to calculate the amount of alimony payments
• The length of time alimony will be paid will also be based on guideline calculations
• There will no longer be ‘lifetime’ alimony payments
• There will be new circumstances that will be considered to modify or terminate alimony payments
• There will be no guidelines for marriages that lasted more than 20 years, and judges are encouraged to equalize the incomes of the parties
• The bill also will include the premise that the parents should have 50-50 custody or time-sharing with their children

The new alimony provisions, if passed, will apply to all initial alimony determination cases and all alimony modification cases pending on or after October 1, 2016. However, the new provisions regarding modification of an existing alimony obligation would apply to all cases. The new 50-50 time-sharing premise would apply only to initial divorce or time-sharing cases filed on or after October 1, 2016.
Even if the proposed bill does not become law, the alimony reform effort in Florida will continue in the future. Many officials within Florida are stating that this new bill simply gives judges guidelines to determine the amount of alimony and how long it will be paid, and is fair to both parties. These people feel that the judges have too much discretion and power, and the decisions are not consistent, and vary from one divorce to the next.

The Family Law Section of the Florida Bar has come out publicly against this bill, primarily because it includes the 50-50 time-sharing premise. The Governor can sign the bill into law or veto it (as he did to the prior alimony reform bill in 2013).

Here at Norman Law, we are ready to take on these new aspects of divorce and alimony, and work for you. If you need help with a divorce, alimony, child support or any other family law issue, contact us today to get started!

Divorces can be very rough, and with Florida’s Mandatory (Financial) Disclosure rule, it can become even harder when there are things that parties are not interested in disclosing.

In this blog post, we will briefly cover how important the disclosure of financial records is in a divorce. It is vital that you provide the required financial documents when working with your divorce attorney throughout the proceedings. In order to provide you with the best advice, your divorce attorney must know everything about your marriage. This includes your finances, both separate from and together with your spouse. Of course you’ll also discuss other reasons (likely more obvious disclosures) the divorce may be taking place, and all issues that need to be addressed. The financial disclosure allows your attorney to review and analyze documents that provide more insight and gives your attorney a better understanding of your entire divorce case.

When Mandatory Disclosure is Not Needed?

In some cases, Mandatory Disclosure is not needed during a divorce. This is only applicable when the case is not being litigated in court and both parties are in agreement with the divorce (considered an Uncontested Divorce). However, even though the financial disclosures can be waived or otherwise not required, both parties must still fill out and file a Financial Affidavit that discloses detailed financial information. Under no circumstances can the Financial Affidavits be waived for a divorce proceeding, even when both parties are on board with filing for a divorce.

Florida Family Law Rules of Procedure

Mandatory Disclosure is found under the Florida Family Law Rules of Procedure. This Rule lists sixteen types of financial documents that must be provided and exchanged by both parties.
These include:

· Bank account statements
· Tax returns
· Pay stubs
· Pension plan statement
· Assets
· Debts

And the list continues. When a person first files a divorce case, he or she has have 45 days to provide the other party with the required financial information. The other party must also provide the required financial information within a specified time period. Parties can ask for an extension if needed. In most cases, if the person has a legitimate reason for the delay, an extension will be granted by the court.

The Reasoning Behind Mandatory Disclosure

Aside from helping your lawyer to better handle your case, providing the financial disclosure documents can lower the expense that is often associated with litigation. It also gives the court sufficient information to make a better informed financial decision for both parties. Though Mandatory Disclosure can seem rather invasive and gathering the documents may take some time, it is really in the best interest of both parties going through a divorce.

Wendy Norman works as a Divorce Attorney in Jacksonville, FL and welcomes comments or questions from readers. Please Contact Us online to setup an initial consultation or call 904.306.9926.

Within the state of Florida, there is a term called Equitable Distribution that is used in divorce proceedings. In short, Equitable Distribution means that possessions/assets and debts which came about during the marriage are divided as equally as possible between the parties getting a divorce. This can make it easier in one sense for a divorce; however, there are also problems that can arise.

In most cases, those who are going through a divorce are going to work with their lawyers in order to determine who gets what (distribution of assets and debts). In cases in which both parties want the same asset/assets or don’t want certain debt, it can come down to the judge making the decision as to who gets what.

Proven Adultery Can Impact Equitable Distribution

With this being said, many people wonder if infidelity can affect the equitable distribution of the marital assets and debts. Florida is considered a “no fault” divorce state. This means that people can get a divorce without proving why a divorce is needed or whose fault it is. In most cases, the person who wants the divorce simply states that the marriage is ‘irretrievably broken” and the divorce proceedings can continue. With this in place, and the equitable distribution rule, most parties believe that the marital assets and debts will be equally divided, no matter what. However, that is not always the case.

When one spouse does commit adultery, and it can be proven, it can affect the equitable distribution. When the adulterer in the relationship is using his or her money in order to buy their new boyfriend or girlfriend gifts, go on trips and the like, then this can be taken into consideration when dividing the assets and debts.

In some cases, if the financial actions of the cheating spouse affect the wife or husband, or children involved, then the court can give the adulterer less property and other assets, or make him or her responsible for more debt. The idea is that the adulterer has misused what should be marital funds and he or she should not be treated the same in the equitable distribution of the assets and debts because of his or her actions.

Alimony and Equitable Distribution

In addition, this type of situation can also affect whether one party receives alimony from the other or not even though Florida is a no-fault state. In most divorces, the equitable distribution goes through without a hitch, but it is important to note that in cases where adultery has affected the marital finances, it can become an issue during the divorce proceedings.

For those who are thinking about divorce and are concerned with Equitable Distribution, please contact us. Here at Norman Law, we are here for you and want to help you in any way we can with your divorce!

At this time of year, many people are getting ready to file their taxes and are gathering all of their records and financial documents together. For those who have recently divorced, this can be a new challenge. Filing taxes after divorcing in Florida is going to be a bit different than when you were married. With that being said, one of the best pieces of advice we can give you is to not wait until the last minute. If you do, you could find yourself facing a looming deadline you cannot meet!

Divorce and Filing Status

One of the most common questions we are asked is, “How should I file my taxes? Married, single, head of household?” Many people finalize their divorce in the last half of the year, so they were married for the majority of the previous year. It stands to reason why a person would question how they file. In the state of Florida, you will file based on your marital status on the last day of the year. Even if you were married for 11 and half months of the year, you must file a separate return from your ex-spouse. For this reason, many divorcing couples choose to wait to have the divorce finalized after the beginning of the year, allowing them to file together one last year.

Claims and Adjustments

Perhaps one of the bigger problems that newly divorced couples face after divorce and during tax filing season is who gets to deduct what, and who gets to claim certain items? This issue can quickly escalate to an argument that may cause bitter feelings and anger. Here are a few tips to help in calculating taxes after separation pertaining to what you can and cannot claim:

1. Assets you gained during the divorce are generally not taxable..

2. You cannot deduct legal fees related to your divorce.

3. If you are receiving alimony, you must report it as taxable income; if you are paying alimony, you should claim it as a deduction.

4. Donations can be split, so each party can claim fifty percent of the donations made during the past year.

5. If children are involved, only one parent can claim the child as a dependent.

Tips to Make Your Tax Filing Run Smoother

· Upon your divorce becoming final, be sure to file a new W-4 with your employer, this can make it a bit easier come tax season.

· File a Form 8822: Change of Address when filing your taxes (if you moved), especially if you expect to receive your refund in the mail from the IRS.

· If you changed your name as part of the divorce, be sure your report it to the Social Security Administration before you file your tax return.

Tax season can be stressful, but add in a new divorce, and it can become even more stressful. You can talk with a tax specialist or accountant for most issues you have. Here at the Norman Law office, we can also help with tax questions related to your divorce.

If you are considering a consultation with a Jacksonville divorce attorney, please don’t hesitate to reach out to our office. Wendy Norman has years of experience in the Florida area, and can help you to get through this difficult time.