Alimony

The state Legislature can regulate many things, but when it chooses to regulate fundamental constitutional rights, the statute is presumptively unconstitutional unless the state proves a compelling state interest…and the statute furthers that interest…and the statute is minimally applied. The alimony statute, even reformed, fails all three tests and still remains unconstitutional.

The Legislature reforming the alimony statute, and the judiciary daily ruling on it, have overlooked its impermissible infringement on the Right of Privacy amendment in the Florida Constitution. In 1980, Floridians overwhelmingly passed the amendment in a referendum.