Print

Email story

Comment

Email editor

Bill seeks to clarify state law on alimony

An Orlando lawmaker says people who enter into "de facto remarriages" should not continue to get payments from their ex-spouses.

By CARRIE JOHNSON
Published February 10, 2005

TALLAHASSEE - Outraged that a Tampa man was forced to continue paying his ex-wife $5,000 in monthly alimony after she staged an unofficial wedding with her live-in boyfriend, an Orlando lawmaker wants to keep that from happening again.

Democratic state Sen. Gary Siplin wants to change state law to require judges to stop alimony payments to any former spouse who is living with a person of the opposite sex.

"I think ex-spouses who do receive alimony ought to receive alimony," said Siplin. But those who have a "de facto remarriage, then at that time alimony should cease."

The Senate Judiciary Committee Wednesday asked Siplin to retool the language of the bill after the Florida Bar expressed concerns about the vague definition of cohabitation.

But the concept drew support among committee members.

"I think it's a good bill," said Sen. Walter Campbell Jr., D-Fort Lauderdale.

In his presentation to the committee, Siplin cited the case of Michael Rice, who was ordered last month by a Hillsborough County circuit judge to continue paying alimony to his ex-wife, Beth.

Beth Rice and her boyfriend, Stanley Blacker, invited 50 friends and relatives to Las Vegas in June. Programs and T-shirts from the event read "Las Vegas Wedding Weekend" and a video of the event showed the couple standing beneath a chuppah, a canopy traditionally used in Jewish weddings.

They exchanged vows and rings, but Judge Robert Foster ruled it was not a legal marriage because there was no marriage license.

That means Michael Rice is still responsible for $30,000 in alimony payments, which had been in limbo since June.

Michael Rice said he called Siplin's staff to discuss his case and was relieved someone was taking action.

"I think my case is probably the most significant abuse of the law's loopholes," Rice said. "I would certainly be pleased if my situation helped to move that bill along in any way that it could."

Alabama, Louisiana Pennsylvania and Texas already require judges to end alimony if an ex-spouse moves in with a lover.

In Florida, either party in a divorce can seek to modify the amount of alimony if there is a change in financial circumstances. But the law doesn't address cohabitation.

"We have received countless cries for help," said R.C. Lindsey, director of the Florida-based Alliance for Freedom from Alimony. "The law here holds you in bondage for life."

A few senators expressed reservations about the proposal, saying alimony is a contract that should be worked out at the time of the divorce.

Beth Rice's lawyer made a similar argument in court, pointing out that Michael Rice sought a cohabitation clause in the alimony agreement but dropped it.

Michael Rice said he plans to appeal the court's ruling as soon as possible.

"The whole thing has been disgraceful," he said.

[Last modified February 10, 2005, 00:25:06]