The Analysis of the Alimony Laws in Florida - Research Paper Example

? Alimony in Florida Adam Fair Embry Riddle Aeronautical Alimony in Florida Introduction In the present day, divorce is on the rise which involves women in the state of Florida (Hauzen, 2009) Hauzen (2009) in her article, Should permanent alimony be eliminated? postulate that the main problem is that most divorcing women in the State of Florida and lobby groups advocating for divorce, are pushing for reformation of the alimony laws. The significant problem in divorce issues is bankruptcy that comes along with paying of the alimony fees (Jackson, 2012, February). It is apparent that alimony fees can be paid for a lifetime. This mainly takes place when one is at retirement period, and their level of income reduces significantly. For this reason, it is evident that there is need for amendment of the policies. A few changes will result in lower alimony payments. The reduction and more flexible distribution of matrimonial resources will see both parties benefit from the same while at the same time limiting the judge’s and magistrate’s situation of favoring the other party. Clearer stipulations and regulations put in place will enable the jury to come up with appropriate decisions. Literature review Alimony laws emerged in England as a part of divorce laws in around 1857. The objective of the alimony laws is to ensure continuous provision and care for the divorced parties (Jackson, 2012, February). Research shows that there is need to come up with a law that takes center stage in dealing with the divorce issues (May, 2012, November). This is in actual fact helpful in maintaining an equal ruling in couples pushing for divorce. In the recent past there is no division of matrimonial property and the payments are periodical. This according to most observers is not fair, as it give an upper advantage to some parties while it disadvantaged the other parties. Informed by this, there is a significant need to review the Alimony law in Florida. Statistics indicate that Florida ranks as 8thhighest in divorce rates in the United States of America (May, 2012, November).In the year 2010, 4.3 divorces occurred per 1000 people. In 2011, it rose to 4.5 divorces, demonstrating a 2.7% increase. The majority of those involved in divorce fall around the age of 20-24 years. Those getting married at older ages, especially between ages 35-39, indicate fewer divorces (Worell 2002). It is legal that after divorce,50% of the spouse’s income remains with the other divorced party, according to the jury’s decision (Morgan, 2012). According to Jackson (2012) in the Alimony arithmetic. ABA Journal, dissolution of marriage in Florida can happen under many circumstances. However, enough proof and evidence that warrants a divorce requires significant consideration. This ensures that one does not just file a case, but has a solid evidence to seek for the divorce. Therefore, the once established family does not suffer in vain. One has to prove that he or she has been in marriage, he or she is a resident in the country, and whether either of the spouse is or has been incompetent for the last three years. Proof of mental incapacitation of one spouse is also enough to warrant a divorce (Jackson, 2012). One can file a petition in the attorney’s office. The partner has to answer the petition in twenty days’ time. Submission of financial documents and affidavits occurs within 45 days before an official hearing. Couples may also sign an agreement on who is to look after the children and the property management schedule (Wardle & Nolan, 2011). The court also receives a written agreement. The situation is a traumatic one as the two parties to discuss the way forward until they agree. Sometimes couples dissolve their marriage in an unofficial method, and therefore the attorney’s services is contraindicated (Starnes, 2011). Division of the marital assets becomes the significant factor in divorce. It is usually the hardest part when settling divorce. Florida laws provide an aspect of equitable distribution of the resources. The two main factors put into practice before division include marriage duration and economic stability of each person (Gallo, 2004).These factors can be used to consider awarding alimony after the dissolution of marriage. Either spouse can be the beneficiary of the same. The award depends on the requesting spouse’s needs and the paying ability of the other partner. The various factors considered for the award of alimony include the standards of living during marriage, marriage duration, and age of the spouse, financial resources, and the services rendered by any partner during marriage. According to Worell (2002), in the paper Impact of divorce on adults. Encyclopedia of women and gender: Sex similarities and differences and the impact of society on gender the jury can decide to offer a variety of alimony; this includes bridge-the-gap alimony meant to aid the spouse in the sudden transition from marriage to single life. Rehabilitative alimony assists the spouse to search for a new job to earn a living. Permanent alimony serves for a longer duration of seventeen years and above. The jury may decide to offer a combination of the above alimony (Worell, 2002). There are varieties of situations when the jury comes up with unfair decisions on who will get the lump sum and for how long the payment period will last. The permanent methods have been a long struggle to many Floridians who are working so hard to make sure that they will obtain their fair share in the shortest time possible out for constitutional changes in the same (May, 2012). The religious groups have the idea that they should end their matrimonies with minimal intrusion from the state and at a well-defined limit of time. They allege that the court system is totally oppressing the citizens. They also campaign for marital contributions removal to ensure equal protection of both parties (May, 2012). It is therefore observable that there are many problems when it comes to division of matrimonial property in couples seeking divorce. The issue of the time that will take the couple to receive their lump sum is also a controversial issue where many couples find it disheartening. Therefore, there is need for proper time allocation during processing lump sums and matrimonial divisions in order to ensure there is total satisfaction in couples seeking divorce in Florida. Above all, the court/jury should ensure that fairness and equal measure of property is apparent. Research questions The following are the research questions emanating from this detailed literature review and assessment of divorce cases, together with the unfair rewarding of Alimony: 1. How will couples seeking for divorce in their marriages share matrimonial property without fairly? 2. How long will it take for the couples to receive their lump sums after filing for a divorce? 3. What are the actions the judicial system is taking to ensure that the rulings made are unbiased, free and fair? Theoretical framework Alimony is a legally imposed allowance given to the spouse to maintain and support him or her during and after divorce. The practice emanates from English ecclesiastical courts. According to some cultural practices and traditions divorce is not permissible as legal separation duplicates it. The husband and the wife could still support each other, as legally they were married (Nolan& Wardle, 2005). There is a fact that women are more favored than men are especially when it come to the alimony legal decisions (Nolan& Wardle, 2005). Researchers argue out that this comes about because of the high vulnerability associated with the women. According to the culture, women own nothing in their marriages. Traditionally, only wives could benefit from acrimony. In this setting, women could remain at home and look after the family properties and the children, as men went to work (Oliphant &Ver 2007). This is however arguable in a court of law where women can justify their role in marriage leading to fair share of matrimonial property during divorce. This research, in a bid to evaluate the situation and problem at hand, formulates two dependent valuables and evaluates how they will influence the research findings. The Variables comparison in a graphical representation will bring out an association. The independent variables shall be the economic status of the couples and the duration of marriage. The dependent variables are the rates of divorce in the area of sample size. This factors help in justifying the value of a divorce and the role the man and woman play in marriage that brings about fair share of the matrimonial property. Hypothesis 1. Time for processing divorce is a determining factor in the rate of divorces in Florida. Not discussed at all previously 2. The jury is unjust and unfair in determining the recipient of the compensation in most cases. 3. Jury needs to provide fair hearing and judgment in divorce cases. References Gallo, N. R. (2004). Introduction to family law. Clifton Park, N.Y: Thomson/Delmar Learning. Jackson, L. J. (2012, February). Alimony arithmetic. ABA Journal, 98(2), 15-16. Retrieved from http://search.proquest.com.ezproxy.libproxy.db.erau.edu/docview/921366651 May, E. M. (2012, November). Should moving in mean losing out? Making a case to clarify the Legaleffect of cohabitation on alimony. Duke Law Journal, 62:403, 403-443. Retrieved from http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3360&context=dlj Morgan, L. W. (2012, April). Current trends in alimony law: Where are we now? Family Advocate, 34(3), 8-11. Retrieved from http://www.americanbar.org/publications/gpsolo_ereport/2012/april_2012/current_trends_alimony_law.html Nolan, L. C.,& Wardle, L. D. (2005).Fundamental principles of family law. Buffalo, N.Y: W.S. Hein. Oliphant, R. E.,&Ver, S. N. (2007).Family law. Austin: Wolters Kluwer Law & Business. Starnes, C. L. (2011, Summer). Alimony Theory.Family Law Quarterly, 45, 271-291. Retrieved fromhttp://search.proquest.com.ezproxy.libproxy.db.erau.edu/docview/902631703 Walker, A. Alimony agony. (2009, November 13). [Boston Globe]. Copy in possession of Globe Newspaper Company. How did you find this? how can I find this? Wardle, L. D.,& Nolan, L. C. (2011).Family law in the USA. Alphen aan den Rijn, The Netherlands: Kluwer Law International. Worell, J. (Ed.). (2002). Impact of divorce on adults. Encyclopedia of women and gender: Sex Similaritiesand differences and the impact of society on gender, Sec. VI Para C.San Diego, CA: Academic Press. Read More