State legislation to eliminate permanent alimony and alter the structure of the court-ordered payments awaits a decision by Gov. Rick Scott and has the attention — and differing opinions — of local family lawyers.
"I think it's a terrible bill," said Elliot Zisser, managing partner of Zisser, Brown, Nowlis & Cabrey.
He said it was the "most anti-woman and anti-family legislation" he had seen in his 41 years of practicing law.
His opinion is not shared by Kenny Leigh, senior partner of Kenny Leigh & Associates, which exclusively represents men in divorce and family law.
"I love it and it was needed," said Kenny Leigh, senior partner of Kenny Leigh & Associates. "Men were being discriminated against."
The varying local opinions stem from legislation filed by state Rep. Ritch Workman (R-Melbourne) and state Sen. Kelli Stargel (R-Lakeland) includes, among other aspects:
• Eliminating permanent alimony and establishing a three-tiered, time-based definition of marriage: "Short-term marriage" being equal to or fewer than 12 years; "mid-term marriage" being more than 12 years but fewer than 20 years; and "long-term marriage" being 20 years or more.
• Prioritization of alimony awards will be "bridge-the-gap" followed by "rehabilitative" then any other forms. Bridge-the-gap is intended to assist with identifiable short-term needs and cannot exceed two years. Rehabilitative is intended for a recipient to establish the capacity for self-support, which includes the redevelopment of former skills or credentials or the acquisition of education, training or work experience.
• Presumption against awarding alimony for short-term marriages, no presumption in mid-term marriages and presumption for awarding alimony in long-term marriages. Those seeking to have alimony paid or denied have to prove need to the court.
• Durational alimony, awarded only if a combination of others is not appropriate, cannot exceed 50 percent of the length of marriage, unless evidence and circumstances justify it.
• Alimony terminating after duration or when the person paying alimony reaches retirement age for Social Security benefits. The alimony recipient can prove to the court the need for additional alimony and the person's ability to pay to extend payments.
• In cases of parents with children, it is presumed "equal time-sharing" to be in the interest of a child. There are several exceptions.
For the child-custody issue, Leigh said judges generally have provided fathers visitations "every other weekend," which turns the parent "from a father to a visitor and a paycheck."
"This ends this … and ensures a child has two parents in their lives," he said.
Zisser called the 50-50 presumption "atrocious" and said in an example of one parent who has worked and the other a homemaker who has taken care of the child, it is contrary to the best interest.
"It's arbitrary action by the Legislature that one size fits all, and it doesn't necessarily fit. It needs to be on a case-by-case basis," Zisser said.
He said the time-sharing inclusion also can reduce child-support payments, another aspect of the bill he labels as being "firmly anti-women."
Zisser also said the definition of "short-term" of close to 12 years is not short-term and are "often the most productive years of marriage." If a person put aside his or her career to start a family, but then started again in their 40s they are "starting way behind the curve."
"Permanent alimony is not a case in the majority of divorces," he said, calling the legislation a "law that doesn't have a need."
Leigh disagrees, saying he agreed with the legislation 100 percent and called it a way to "right the previous wrongs" against men in divorce and family law. He said he wishes the bill went further and would extend to retroactively affect all alimony agreements and not just those that were contested.
Zisser said if passed, it would be good for business but his opposition would "probably cost half his clients who are men."
"Sometimes you have to do what's right," he said.
The bill awaits Scott's signature or veto, but if he does not sign the legislation it becomes law next week.
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