Florida Legislature 2005 (click for ongoing coverage)

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Divorced? A love life may imperil the alimony

The Legislature passes a controversial alimony bill, which one representative calls "antiwoman."

By CARRIE JOHNSON
Published May 7, 2005

TALLAHASSEE - Divorced people who get money from their former spouses better check their finances before taking another chance on love.

The Legislature gave final approval Friday to a measure allowing judges to reduce or cut off alimony when a former spouse decides to move in with a new lover.

The hot-button topic provoked heated debate on the heartbreak of divorce, gay relationships, the meaning of love and the morality of living with a member of the opposite sex, .

The Senate approved the measure Friday by a 34-6 vote. The House approved it earlier in the week.

The legislation was inspired largely by Tampa resident Michael Rice, who was forced to continue paying his former wife $5,000 in monthly alimony after she staged an unofficial Las Vegas wedding with her boyfriend, complete with an exchange of rings.

A Hillsborough Circuit Court judge ruled no marriage occurred because Beth Rice never signed a marriage license.

Gov. Jeb Bush said he's planning to sign the measure.

"I think the concept is really worthy of looking at," Bush said, adding that current policy "basically increases an incentive for people to live together and not get married. That's wrong."

Anyone who wants to keep receiving alimony might want to keep any new relationships casual. A judge would weigh factors such as a shared mailing address and joint property when determining whether to adjust payment. The bill would affect people in "supportive relationships" with one another.

The new restrictions don't apply to someone who moves in with a same-sex partner after a divorce. As currently written, the proposal only applies if the former spouse lives with a member of the opposite sex.

Asked if he was promoting gay relationships, bill sponsor Rep. Ed Bullard, D-Miami, said he didn't think homosexuality would be much of a factor.

"I guess if someone does decide to do that, it's going to be beneficial for them," Bullard said. "But I don't think that's really going to happen."

The proposal drew strong opposition from women in both the House and Senate. Rep. Eleanor Sobel, D-Hollywood, the head of the House women's caucus, said the bill doesn't take into account the sacrifices many women make for their marriages.

"When a woman is married for 30 or 40 years and builds up her husband's business, she should be entitled to her contribution to the marriage. That's what alimony is all about," Sobel said.

Rep. Audrey Gibson, D-Jacksonville, called the proposal "antiwoman" and scolded members for their cynicism.

"A supportive relationship doesn't necessarily include finances," Gibson said. "People can be supportive in ways beyond just dollars. Some people don't just look for the money. Some people still believe in love."

The bill had a notable opponent in the Senate: Sen. Larcenia Bullard, D-Miami, who is the wife of the bill's House sponsor. Several colleagues jokingly told Ed Bullard to prepare to sleep in the spare bedroom for a while.

But Ed Bullard and his supporters insisted the bill was gender neutral. Men receive alimony, too, they noted.

"It's bad enough of a heartache when a marriage ends and people go separate ways," said Rep. Dennis Baxley, R-Ocala. "But to be asked to support this ex-mate's new girlfriend or boyfriend, that is really adding insult to injury."

Ted Millison, Beth Rice's attorney, said he doesn't know if the bill would apply to the Rices' case. He said Michael Rice signed a non-negotiable contract when he divorced requiring him to pay alimony unless his former wife remarried.

But Michael Rice disagreed and said the new law would probably help him.

His appeal, he said, is already pending.

Carrie Johnson can be reached at 850 224-7263 or cjohnson@sptimes.com

[Last modified May 7, 2005, 01:01:10]