The United States already leads the world in divorce rates, with approximately 50 percent of marriages ending in divorce. Now baby boomers are divorcing at a much greater rate, accounting for one out of every four divorces in 2009, the last year for which data is available. That represents a 15 percent increase since 1990. Florida is particularly affected by the increase, as many people retire to the state.

Researchers have found that people who have already been divorced once are 2.5 times more likely to be divorced again than people in first-time marriages.

The reasons for the increase in divorce among older couples are not entirely clear, but researchers have speculated that they include greater social acceptance of divorce and greater financial independence among women.

Any divorce is difficult, but seniors have particular life circumstances that affect them differently than younger couples. For one thing, older people are often planning carefully for retirement and expecting to rely on two sets of assets and income. This type of planning often involves a balance of retirees’ own assets, including a 401(k), combined with Social Security benefits and health care savings from Medicare. When those resources are split instead of combined, and either or both spouses has reached the end of a working career, serious financial hardship can result.

Divorce can be one of the most trying emotional experiences, and it is important to be sure that both parties take a clear-headed approach to financial planning, including creating a budget that takes into account reduced funds. Of course, each party should have the counsel of an experienced family law attorney to be sure that assets are divided fairly.

When people have been married for a longer period, there are often more assets to divide in a divorce. This may include savings, real estate, stocks and other investments.

In the state of Florida, property in a divorce is assigned according to “equitable distribution,” which calls for assets to be divided proportionally. A divorce settlement can include alimony, which may be more appropriate in some cases than a lump sum payment.

In addition to the financial aspects, a qualified family law attorney can assist in the preparation and review of new legal documents such as wills, insurance policies and healthcare directives.

O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon divorce lawyer, Tampa divorce lawyer, or Tampa divorce attorney, call 813.654.5777 or visit Brandonlawoffice.com.

Orlando Sentinel columnist Scott Maxwell analyzed the proposed Florida House and Senate bills in a mid-November article claiming the bill would benefit “…wealthy men who cheat on their wives.”

A pro-reform group called Florida Alimony Reform claims the Sunshine State’s laws are draconian and out-of-touch with modern society. According to the group’s website, “Because of [antiquated] laws and attitudes, it is common for healthy, employed women in their 30s and 40s to receive permanent alimony.”

Versions of the bill were introduced by State Sen. Miguel Diaz de la Portilla of Miami and State Rep. Ritch Workman of Brevard County, both Republicans. Maxwell pointed out in his column that Workman introduced the bill only about a week after his own divorce became final.

The proposed law would dramatically affect family law. HB 549 and SB 748 both have provisions that limit alimony’s duration as a function of the length of the marriage. “Lifetime alimony” is a sticking point among proponents of change. The new law could end alimony upon reaching retirement age and cap alimony at 20 percent of the payer’s income.

Workman admitted in Maxwell’s column that the cap would likely be removed. Some have called it unconstitutional.

The proposed law would allow people currently paying alimony to petition the court to modify their agreement based on the new law and would prohibit the use of a payer’s new spouse’s income as part of a judgment.

Workman told Maxwell the Florida proposal was inspired by and modeled after sweeping reforms passed by the Massachusetts Legislature this past summer. The highlight of the Massachusetts law is limits to the length of time alimony must be paid. But now divorced spouses in Massachusetts can have their payments ended by a judge if they move in with another partner even if they do not get remarried.

The Massachusetts law also has inspired proposed legislation in New Jersey. News outlets including ABC News and the Huffington Post are covering the trend of state alimony reform.

If the Florida bill were to pass with the provision that allows courts to look at previously decided judgments, it opens the doors for many cases to get a fresh look.

Workman told Maxwell he has already reconsidered some parts of the bill. The Florida Legislature begins its 2012 session Jan. 10.

O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon family law attorney, Tampa divorce lawyer, or Tampa divorce attorney, call 813.654.5777 or visit Brandonlawoffice.com.