TALLAHASSEE – Emotions ran high at the state Capitol Tuesday as supporters and opponents of a proposed alimony law clashed outside Gov. Rick Scott’s office. Scott has one more week to decide the fate of SB 668, which has stirred more public reaction on both sides than any other bill from the 2016 legislative session.

Read more here:

http://www.tampabay.com/blogs/the-buzz-florida-politics/supporters-opponents-of-alimony-changes-clash-in-state-capitol/2272887?utm_source=TBT_email&utm_medium=email&utm_campaign=The%20Daily%20Buzz%20on%20Florida%20Politics%20-%20041216

The attorneys of Allen Dell pride themselves on staying abreast of changes in laws affecting our clients. Stay calm and call us.

TALLAHASSEE – Senate Bill 668 relating to alimony and “50/50” timesharing has not yet actually been presented to the Governor. However, it is anticipated it will occur in short order. Once the Governor receives the bill, he will have 15 days to act on the bill and decide whether to veto the bill or allow it to become law. The Family Law Section of the Florida Bar continues to provide letters supporting a veto of the bill. It is critical that if you want to be heard in opposition that you call and email the Governor urging him to oppose SB 668 and veto the bill and to inform others you know to do likewise.

Governor Scott’s contact information is as follows:

Telephone: 850-488-7146
Email: Rick.scott@eog.myflorida.com

The attorneys of Allen Dell pride themselves on staying abreast of changes in laws affecting our clients. Divorce laws affect all couples whether the partners are of the same-sex or opposite sexes. This bill, creating a premise for equal timesharing, affects couples with children, whether they are married or not. Keep calm and call us.

TALLAHASSEE – Alimony reform is now in the hands of Florida Governor Rick Scott. If passed, the changes would include: ending permanent alimony; a formula for calculating amount and duration; and requiring judges to start with the “premise” that children should spend an “approximately equal” amount of time with each parent. Here are the details:

The current bill on Governor Rick Scott’s desk is one that would end permanent alimony in Florida.

• It provides a mathematical formula to determine a range for the amount and duration of alimony.
• It would determine an amount and duration of alimony payments.
• If passed, the new bill will not apply retroactively. It applies to all initial determinations of alimony and modifications pending as of October 1, 2016, and those brought after.
• The new bill would mandate judges to use alimony guidelines to follow.
• Formula for amount:
  • Low End: 0.015 times the number of years married, multiplied by the difference in gross income of the divorcing couple.
  • High End:that multiplier number rises to 0.020; however the max multiple is 20 years.
• In marriages of 20 years or more, for purposes of calculating the presumptive alimony amount range, 20 years of marriage shall be used.
• If a judge deviates away from these guidelines he or she must explain why in writing.
• Marriage of 2 years of less, there is a presumption no alimony shall be awarded, unless the judge makes written findings that there is a clear and convincing need for alimony, etc.
• Longer marriages would mean an amount on the higher end or a longer duration of payments.
• Governor Scott has 15 days to sign or veto this bill from the time it was sent to him.

Over objections from Florida’s Family Law Section, the bill would also require judges in setting up time-sharing schedules to start with the “premise” that children should spend an “approximately equal” amount of time with each parent.

Stay tuned here for updates.

4^th District Court of Appeals – WEST PALM BEACH – The 4^th DCA recently addressed an active passive appreciation issue in answering the question does a non-owner spouse have a claim to the increased value of all nonmarital assets without showing marital effort or the use of marital assets to achieve the appreciation?

In this case, the Husband did not own a business. Prior to the marriage, he began working for a privately held international company and bought a large amount of company stock by way of a bank loan. During his tenure at the company he had some supervisory responsibility, but also had a couple of demotions. When he was terminated, his stock was liquidated. The shares sold for substantially more than the outstanding balance on the loan used to buy them.

The trial court determined the stock was separate property, its increase in appreciation was passive so it was not subject to equitable distribution. The Wife appealed asking the 4^th DCA to adopt a rule “that all appreciation of the stock of a company for which a spouse works is a marital asset.” The 4^th DCA declined the invitation.

Under the existing analytical framework, the court said, the increased value of stock from a company for which the owning spouse works can be a marital asset and subject to distribution, but, it can also be a nonmarital asset. The crux of the matter is “whether the husband exerted the sort of ‘effort’ required to move the appreciation value from the nonmarital category to the marital one,” the court explained.

Cases that have found the appreciation was a marital asset typically involve a family-owned business in which the stock-owning spouse holds a significant position. Here, neither of these key features was present. The company the Husband worked for was not owned or operated by his family. He held no significant managerial position in the company; at most, he was a middle manager. He did not contribute to the appreciation in the value of his stock, and so his Wife had no right to any part of the stock’s increased value.

Read the full case of Witt-Bahls v Bahls here:

http://cases.justia.com/florida/fourth-district-court-of-appeal/2016-4d14-152.pdf?ts=1454515639

The attorneys of Allen Dell pride themselves on staying abreast of changes in laws affecting our clients. Marital & Family law is an ever changing landscape, affecting all married couples whether the spouses are of the same-sex or opposite sexes.