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Will Alimony Reform Pass in the Florida Legislature in 2020

Moses Dewitt Florida Attorney

Alimony Reform in Florida— A Hot Topic in 2020 Will Alimony Reform Pass This time? Alimony reform has been a controversial topic in the Florida Legislature over the past decade. In 2013, alimony reform was passed in both the Florida House and Senate but was ultimately vetoed by then Gov. Scott. Alimony reform was again presented in 2016, but due to a controversial child custody component, it was also vetoed. In 2020, alimony reform is back again as House bill 843, HB 843. On Dec. 3, 2019, Rep. Alex Andrade of Gulf Breeze, Florida, filed the latest version of the alimony reform bill....

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What are the Tax Consequences of Alimony in Florida?

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Effective January 1, 2019, alimony will no longer be tax deductible to the person paying the alimony and taxable as income to the recipient. The individual paying alimony will no longer receive an off the top deduction. Alimony will become much more expensive for the individual that is required to pay the alimony. However, alimony will no longer be counted as income to the spouse that is receiving the alimony. The new alimony tax laws only apply to divorce finalized after January 1, 2019. The bill is not retroactive and will not impact current alimony agreements. Read more about the...

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New Tax Bill Eliminates Alimony Deduction in Divorces in 2019

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As of January 1, 2019, the alimony tax deduction will cease to exist. This means that alimony paid by a spouse will no longer be tax deductible. Further, the spouse receiving alimony will no longer claim it as income. Currently, alimony is tax deductible to the paying spouse and taxed as income to the receiving spouse. The new law will not take place until January 1, 2019, giving couples that desire to get divorced time to file before the new tax law takes effect. However, the spouse requesting alimony may have significant incentive to delay the divorce in order to...

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When Should I file for a Modification of Alimony?

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If you have recently lost your job or had a reduction in income, you may be able to request a modification of your alimony obligation. Alternatively, if you have reached retirement age or are looking to slow down or retire from your current positions, you may want to consider a modification of alimony. When filing for a Modification of alimony, you must demonstrate to the court a (1) substantial change in circumstances, (2) that was not contemplated at the time of the entry of the agreement or Final Judgment, (3) that is sufficient, material, involuntary, and permanent in nature has occurred....

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Top 10 Common Divorce Related Questions

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1. How is a divorce case started? One party must file a Petition for Dissolution of Marriage to start the divorce proceedings. Once the Petition is filed, the other spouse is served with a copy of the divorce petition by a process server. The spouse that was served then has 20 days to file an answer to the divorce petition. Once an answer is filed the parties have 45 days to exchange mandatory disclosure, which includes financial information such as bank statements and tax returns. Once mandatory disclosure is exchanged, the parties typically attend mediation. 2. Do I gain an advantage if...

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