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Month: September 2024

Changes to Florida Alimony Laws: What You Need to Know

September 23, 2024

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday September 23rd, 2024.

In 2023, Florida made some big changes to its alimony laws, which now impact many people going through a divorce. The passing of Senate Bill 1416 introduced new rules, including getting rid of permanent alimony. This update is important because it changes how alimony is awarded and calculated in the state. Here is what you should know about these new rules.

Permanent Alimony Is Eliminated

One of the most significant changes is the elimination of permanent alimony. In the past, a spouse could be awarded permanent support that lasted indefinitely, often until death or remarriage. Under CS/SB 1416, this option no longer exists. With this shift, Florida aligns with the growing trend across the country to move away from lifelong support.

The Four Types of Alimony in Florida

Although permanent alimony is no longer an option, Florida still recognizes four other types of alimony, depending on the needs and circumstances of the divorcing couple:

  1. Temporary Alimony: This is awarded during the divorce proceedings to help cover immediate financial needs until the divorce is finalized.
  2. Durational Alimony: Durational alimony provides support for a specific period, usually for marriages of moderate length. It is limited to 75% of the marriage’s length. For example, if a couple was married for ten years, the support can last for up to 7.5 years.
  3. Bridge-the-Gap Alimony: This is capped at two years and is meant to assist with short-term needs, such as transitioning to a new home or lifestyle.
  4. Rehabilitative Alimony: This type of alimony is capped at five years and is designed to help a spouse gain education or job training to become independent.

Stricter Alimony Guidelines

Another key change is the introduction of stricter guidelines for alimony calculations. Under the new law, alimony payments cannot exceed 35% of the difference in net income between the two spouses. 

Contact Us for Guidance

Florida’s new alimony laws are intended to create a fairer system. However, the changes may also create challenges depending on your situation. At Wickersham & Bowers, we are here to help you navigate these updates and make sure your rights are protected. Contact us today for guidance and support with your divorce proceedings.

How to Create a Valid Power of Attorney in Florida

September 23, 2024

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Monday September 23rd, 2024.

A Power of Attorney (POA) refers to a document that legally allows someone else the right to make decisions on your behalf. A POA can be crucial if you need someone to handle your finances or healthcare decisions. Also, with a POA, you can ensure that your wishes are followed in case you are incapacitated. 

Types of Power of Attorney in Florida

Florida recognizes several types of POAs, each serving different purposes:

  • General Power of Attorney: This type allows someone (called the agent) to manage your financial matters. They can pay bills, manage accounts, or handle business transactions.
  • Durable Power of Attorney: For a durable POA to be effective in Florida, the document must clearly state, “This durable power of attorney is not terminated by the principal’s incapacity.”
  • Healthcare Surrogate: In Florida, the healthcare version of a POA is called a “Designation of Health Care Surrogate.” This document allows your agent to make medical decisions for you if you cannot make them yourself.

Key Requirements for a Valid POA

To ensure that your POA is valid in Florida, it must meet several specific requirements, including: 

  1. You and your agent must be at least 18 years old and of sound mind. 
  2. Florida law also requires that the POA be signed by you (the principal) in front of two witnesses and notarized.

You should choose your witnesses carefully. They should be “disinterested,” meaning they are not family members, agents, or people who stand to inherit from your estate. 

How to Create Your POA

  1. Draft Your Document: You can create a POA using an attorney, estate planning software, or by downloading a template. Make sure the document clearly outlines the agent’s powers and responsibilities.
  2. Sign in the Presence of Witnesses: You, your witnesses, and a notary must be present to sign the POA. If you are unable to sign the document yourself, the notary may do it for you.
  3. Store the Document Safely: Keep the original document in a safe place and let your agent know where it is. You should also give copies to any relevant parties, like healthcare providers or financial institutions.

Get Personalized Guidance

Creating a valid Power of Attorney in Florida can be straightforward if you follow the correct steps. At Wickersham & Bowers, we are here to help you navigate the process and ensure everything is done correctly. Contact us today for personalized assistance with your estate planning needs.