Florida governor vetoes alimony reform bill that would have helped families and small business
Siding with a minority of liberal Democrats, Florida Governor Rick Scott (R) yesterday vetoed alimony reform legislation that Florida’s GOP-controlled legislature had passed by a margin of nearly two to one, even though it was supported by 70% of Floridians. Scott’s veto was unfair, anti-family, and anti-small-business. But it thrilled some wealthy divorce lawyers, who hired high-paid “lobbyists with close ties to Scott” to lobby him to kill the bill.
Scott vetoed the bill even though sponsors of the legislation removed the very provision in it that led Scott to veto an earlier version of the bill in 2013 (the fact that it would have applied to pre-existing alimony awards, rather than just those set in the future). The bill would have “eliminated permanent alimony,” replacing it with a more nuanced “formula, based on the length of marriage and the combined incomes of both spouses, for judges to use when setting alimony payments.”
Under existing Florida law, people can be forced to pay alimony even when they are blameless and their adulterous ex-spouse has moved in with a lover. For example, in Baxter v. Baxter (1998), the wife “fell in love with a woman friend and moved with her to a mountain top in Puerto Rico. Although the wife’s friend ha[d] an income of over $100,000 a year,” the wife sought and obtained “$860 per month” in alimony. In Heilman v. Heilman (1992), the state appeals court reversed the denial of an adulterous wife’s request for alimony after she moved in with her lover, rejecting the argument that “the family’s emotional devastation at the news of the extra-marital affair” weighed against alimony. No innocent spouse should be forced to pay permanent alimony in such circumstances.
Yet under Florida law, alimony is presumptively permanent, rather than for a shorter period, when the marriage is deemed long-term, such as a 17-year marriage. While alimony can play a useful role in helping a spouse get back on her feet after a divorce, that does not justify routinely or reflexively awarding permanent alimony. That is an archaic vestige of an earlier time when many jobs were closed to women, women were less likely than men to attend college, and the lack of modern appliances meant wives spent far more time doing housework than they do today, leaving them less able to financially support themselves.
To justify his veto his time, Scott disingenuously cited harmless language in the bill containing an initial “premise” that, absent evidence to the contrary, parenting should be shared equally by divorced parents, claiming that could somehow harm children. But this language was not really new: this provision was just a milder version of joint-custody language found in the earlier, 2013 version of the bill, which Scott never objected to on this ground. Such shared parenting laws are hardly unusual — states such as Iowa, Idaho, and Louisiana have a stronger presumption of joint custody. Even the liberal District of Columbia has a statutorily mandated “rebuttable assumption that joint custody is in the best interest of the child.” (See D.C. CODE § 16-91).
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RoyDal 3 years, 9 months ago.
