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Court battles over alimony are spilling over into the Florida Legislature. Lawmakers are considerng a bill that would end permanent alimony in the state. It comes just months after a new law took effect limiting permanent alimony largely to breakups of longer marriages.

Should permanent alimony be eliminated as part of divorce settlements? Not so fast, says Fort Lauderdale family lawyer Angela Neave: “A woman married for 35 years who stayed home and never had a career does not have a retirement [plan].”

The House bill (HB 549) was introduced in advance of the 2012 legislative session. It takes aim at long-term alimony payments that have no defined end date, except for remarriage of the recipient or death of the ex-spouse. Florida law currently allows permanent alimony in cases where a marriage lasted more than 17 years and when one spouse has given up a career to raise children.

Under the proposed bill, long-term alimony would end at retirement and be capped at 20% of the working ex-spouse’s income. The bill would increase the marriage period to 20 years, add income caps and restrict the possibility of long-term alimony. The new bill also removes much of the flexibility the current law gives judges, altering the language from “may” to “shall,” for example.

The bill would impact alimony only, and not other components of equitable distribution of wealth such as a pension. Child support payments would not be affected by the bill. You can read the bill here: http://www.flsenate.gov/Session/Bill/2012/0549/BillText/Filed/PDF

The new bill would warrant divorce modifications, allowing couples to re-open and renegotiate their divorce. The Civil Justice Subcommittee takes the bill under review this month. Track the bill’s progress at: http://www.flsenate.gov/Session/Bill/2012/0549/

It’s all over now — and it’s all over Facebook, the “twitterverse” and the tabloids. Demi Moore has confirmed her intention to divorce Ashton Kutcher.

Marriage can difficult in the best of times — even without the spectacle of social media and its own 24-hour news cycle. Then, “the couple’s relationship became the subject of tabloid speculation in recent months as rumors swirled about Kutcher’s alleged infidelity.”

In announcing her intent to divorce by a statement released to the Associated Press, Moore hinted at the difficulty a celebrity marriage — and divorce — endures. “This is a trying time for me and my family, and so I would ask for the same compassion and privacy that you would give to anyone going through a similar situation,” according to the statement.

Just because a couple has divorced doesn’t mean the acrimony or hostilities have ended – or paying monthly alimony or child support payments are any more agreeable. South Florida divorce and family law attorneys see it all the time: The ink is dried on the settlement, but the ex-spouse left to pay alimony or child support decides to flout the agreement or court order and decides not to pay. Bad idea.

Child support and post-dissolution obligations are requirements under the law. Not making these payments can affect the non-paying spouse – legally and financially. Non-payment can be reported to the courts, resulting in criminal legal action. It can be reported to the state, resulting on garnishing of wages or other means to compel payment.

Credit reporting agencies may be contacted. This could lower the debtor’s credit score, which then may negatively impact the ability to obtain credit or find a job.

In Florida, attorneys who withhold child support obligations can be disciplined.

This is a serious issue. But it still happens. What should you do if your spouse withholds alimony or child support payments?

First, discuss it with the ex-spouse. Make sure it wasn’t an oversight.

If it’s obvious the payments were willfully withheld, next, contact the divorce attorney who handled your case. The lawyer can ask the court to intervene. Courts can go so far as incarceration of the ex-spouse if willful non-payment and ability to pay is proven.

Finally, aggrieved parties also can contact the Florida Department of Revenue. Florida takes seriously non-payment of child support. The DOR can demand tax returns to ensure the spouse has the means to pay, and can enforce the order for child support through such remedies as suspension of the driver’s license or passport.

Non-payment of child support is a serious issue. It leaves children in limbo or without vital support – and can permanently harm the financial, legal and personal reputation and status of the non-paying parent. Parents in need of that money should seek remedies quickly should the situation arise.

Kim and Kris reportedly sold their wedding photos and a TV special for several millions of dollars, raising the question- what happens to all of that money?

Fortunately the couple has a pre-nup to fall back on. Many family law or divorce attorneys strongly suggest a pre-nup for wealthy clients – especially those who wed later in life or to those much younger than themselves, or who have a history of failed marriages. Pre-nups protect the assets of both parties as they enter the marriage, and help ensure that property and support issues will be predetermined should the parties split, helping to avoid an expense and an acrimonious divorce.

Kim and Kris may have had a short marriage, but thankfully they had the foresight to protect themselves from what could have been a long and difficult divorce.

It’s a scene played out in South Florida family law and divorce practices all the time… Imagine a couple marries. He works. She stays at home and becomes “Mrs. John Smith.” Her name appears on no financial documents – the home mortgage, the car loans or leases, even credit cards. To the credit reporting agencies, he’s building a solid credit history. And she’s a ghost.

As financial planners say, having no credit is as bad as having bad credit.

Whether happily married or in the midst of separation, non-working spouses always should be thinking of their credit. It’s especially important if the marriage is failing or divorce is on the horizon. Once on his or her own, the non-working spouse quite often will seek out credit or loans – for a vehicle, an apartment rental, or a personal credit card or utility service. Even employers are reviewing applicants’ credit history as part of the hiring process.

It’s a catch 22: With no credit, you cannot establish credit.

Here’s how to establish credit now – before you need it – or if already separated…

- Apply for at least one credit card. Use it – even sparingly – and pay the bill on time.

- Set up a personal checking or savings account – in your name. This puts your name on the credit reporting agencies’ radar.

- If you’re married and seeking a car loan, rental agreement or mortgage, insist that your name also be on the loan or mortgage agreements.

- If you’re divorced and need a co-signor for a loan, find someone (a family member or trusted friend) to co-sign. Make sure you’re the primary lessee or debtor. The goal is to start establishing credit history any way you can.

It’s never too soon to begin building your credit history. But it may be too late. Start today and protect your financial future.

For South Florida couples facing separation or divorce, whether to pay bills – or avoid them because you believe they’re your spouse’s responsibility – is a perpetual conundrum. It shouldn’t be. Not paying bills – either out of confusion as to whose responsibility it is or anger that the other spouse should pay – can be harmful to both parties’ credit scores.

In our family law practice, we’ve seen the result. Both parties dig in their heels out of frustration. Or a non-working spouse (often the wife) with no income of her own is left to manage household expenses – with only the supposed support of husband or ex-husband. Bills come due, and she thinks he’ll handle them. With court-ordered final or even temporary support not yet mandated, he stops putting money into the joint account they once shared. Bills go into arrears.

Both trod a slippery slope as late notices begin to arrive.

It’s not that the former couple doesn’t have the resources. They often do. More often, they don’t have the cooperation to see that bills are getting paid. Then creditors and bill collectors get busy. Soon, the three credit reporting agencies are notified – and credit scores begin to drop.

Our advice:

- Discuss between the two parties the need to ensure bills get paid – and the potential liabilities if they don’t. In fact, discussions revolving around finances and the importance of maintaining good credit should be held before and throughout the marriage.

- If separation is coming or has occurred, maintain the joint account, at least until the divorce is final, or other specific arrangements are made for the bills to get paid. Make sure the bills are getting paid.

- If the non-working spouse has been using a credit card for living expenses, discuss its continued use. The supporting spouse should not cut it off, especially if it’s used to support the existing household, child support or reasonable living expenses.

- If the situation grows dire, talk to your creditors. This may not help, but they might make short-term provisions before alerting the credit agencies.

“His friends and business advisers think he’s crazy after what happened with his ex, but Paul is insisting Nancy is no Heather,” reported celeb site, PopEater. “There’s no need to make marriage a business arrangement.”

Many family law or divorce attorneys strongly suggest a pre-nup for wealthy clients – especially those who wed later in life or to those much younger, who have a history of failed marriages, or who have significant assets worth protecting. Pre-nups protect the assets of both parties as they enter the marriage, and help ensure that property and support issues will be predetermined should the parties split, helping to avoid an expense and an acrimonious divorce.

Let’s assume a couple chooses to marry without a pre-nup in Florida, the McCartney marriage provides valuable lessons. For example…

- Maintain all of your assets separately. Do not commingle anything – money, dividends, or distributions, for example. Never have a joint bank or investment accounts. This way, what’s yours before the marriage arguably will remain yours.

- What Mr. McCartney entered the marriage with would remain his. If he earns money during the marriage, without a prenuptial agreement, all that income is considered a marital asset and open for equitable distribution. If they use that money to purchase a home, it’s considered a shared marital asset.

- Without a prenuptial agreement, she could make a claim for alimony, including temporary alimony – regardless of her wealth or worth. In fact, one could argue she should have sought a pre-nup to protect her own assets.

Pre-nups also can serve to protect the assets of children from previous marriages. What reportedly are protected in Mr. McCartney’s marriage to Ms. Shevell are trust funds held for his children and grand children, including Beatrice, his 7-year-old daughter with Mills.

At least we know someone’s assets are protected.

Permanent alimony is long-term alimony payments that have no defined end date, except for remarriage of the recipient or the death of the ex-spouse receiving the payments. That definition is evolving, said Barry Finkel, a Fort Lauderdale family law attorney. In many cases, divorced spouses assume they will be awarded permanent alimony.

The move is designed to encourage an ex-spouse receiving alimony after a divorce to re-enter the workforce or find gainful, supportive employment, so the paying spouse is not obligated to indefinitely continue paying alimony. This will change how generations have come to view alimony.

The trend encourages what some call “individual responsibility.” In 2010, the Florida Legislature clarified its statutes to provide additional guidance to the Court. Supporters reasoned that while several factors are considered when making awards of alimony, the responsibility regarding minor children should be shared between the parties. Therefore, although a spouse may forego a career to keep the household and raise the children, the dissolution of that marriage, especially before a certain timeframe, does not remove that spouse’s financial responsibility to help support children.

The intent of the alimony changes seems to be to increase individual responsibility and reduce the presumption of permanent alimony.

To assist the court, Florida codified three types of marriages: Short term of less than seven years; Durational of between seven and 17 years; and Long Term, which lasts more than 17 years.

Guidance regarding alimony options for each type of marriage was also provided. The state now recognizes specific types of alimony, such as “bridge the gap,” or payments that last up to two years after the divorce; rehabilitative alimony- designed to assist an ex-spouse in entering the workforce; and durational alimony not to exceed the number of years (between seven and 17) that a marriage lasted. As a result, permanent alimony is now generally only considered for ex-spouses of long-term marriages.

The debate over permanent alimony is a reflection of changes in the workplace. Some 40 years ago, it was more difficult for women to find employment in the upper levels of the workforce. Alimony laws were designed to protect women who relied upon the husband as the union’s sole provider.

Some argue that limiting permanent alimony unreasonably requires a spouse to return to the workforce. Those divorcing from “durational” marriages generally are younger, probably better career-prepared, and better able to find a suitable career. The spouse is required to present to the courts or magistrate a plan to return to the workforce. In that case, the courts might offer durational or rehabilitative alimony to cover costs of living while the spouse seeks the degree or certifications needed to obtain employment.

Those coming off long-term marriages may be at an age when returning to the workforce is not realistic. Permanent alimony still may be possible, but the legislature and courts might expect more effort from the ex-spouse to provide for herself and the children.

No matter how permanent alimony changes for couples facing divorce, those entering marriage – especially for the second or third time – should consider the importance of the pre-nuptial agreement. Regardless of changes made by state leaders, pre-nuptials can limit the potential long-term impact of what otherwise could be court-ordered permanent alimony.

With National Step-Family Day approaching on September 16, consider the issues families face – and what they can do to reduce friction and jealousy, increase acceptance, ease timesharing and make the step family a positive experience for all.

This transition takes time. Once parents re-marry and bring their respective children together, those children may view each other as strangers for years before they consider one another siblings. Be patient. Expect step-child rivalry amongst the children, or competition with the new step parent, as the new family unit takes shape and individuals find their place.

Next, set aside “alone time” with your children. The parent who remarries must consider his or her children’s feelings. Spending time alone – without the new spouse or other children – will help maintain the bond between parent and child. This can help alleviate any feelings of jealousy or diminished attention the child may feel.

Never let the new step parent speak negatively about the child’s other parent. Never say or hint that the new spouse is “replacing” the divorced parent; nor should the child be encouraged to refer to the new spouse as Mom or Dad. This can cause the child to take sides, defend the other parent, and resent the step parent.

If the ex-spouse remarries, strange emotions will be natural. Hide any awkwardness from the child. Always treat the new spouse with respect. Your children likely will follow your lead and treat that person with respect as well.

Working out everyone’s timesharing schedules can be tricky, especially around the holiday. This is particularly challenging if step parents bring children of their own into the marriage – and doubly so if both spouses remarry. Be flexible. Honor the timesharing, custody or visitation agreements. Changed circumstances could require reopening the timesharing agreement. Discuss this with your family law attorney.

Step relationships can be immensely rewarding for everyone. Kids often have predictable emotions. If the adults strive to be aware of and address anticipated feelings, the children – and the entire family – will benefit.