This story starts with Rob Simon. Doctor Rob Simon, an orthopedic surgeon and entrepreneur who lives in northern Palm Beach County. At the top of his game, Simon owned his own practice, pieces of several other practices and a few other businesses. Simon was a wealthy man...but that was before an epically messy divorce from his wife of 20 years.
"I am a financial cinder", Simon said. "I don't have the money to invest, to build a business. I'm a permanent employee."
Simon had to sell his practices and liquidate his other businesses. Now, he's an orthopedic surgeon for hire. He works for other doctors and grosses $20,000 a month. From that, he must pay his former wife more than 14,000 dollars a month in alimony. For the rest of his life. He says the burden is wrecking his life and preventing him from helping his kids.
"Fortunately, we bought the prepaid college fund, but there's books, living expenses, and fees", listed Simon. "I can’t afford it. When they go to college. I will not be able to support them in college."
Cases like Simon's have been heard frequently in Tallahassee over the past few years. In 2010, they led to passage of a bill that attempted to limit the use of permanent alimony, but didn't really, according to divorce lawyers. But this year's bill would take permanent alimony off the table and limit temporary alimony according to the length of the marriage. But it would also change an ancient principle of alimony. Lakeland State Senator Kelli Stargel is one of the bill's sponsors.
"Permanent alimony also gives an impression that you’re going to live off this other person for the rest of your life at the same level you lived in your marriage, and that's just unrealistic", Stargel said.
Stargel's bill explicitly requires both parties to accept that divorce will lower the standard of living for both. At the University of Miami, associate law professor Mary Anne Franks says permanent alimony is a relic of a time when it may have been necessary for some women.
"Most of our alimony rules were written at a time when women had no access to the market and their marriage prospects determined the course of their existence", Franks explained. "These things have clearly changed, many things have changed about gender equity standards, and alimony -- at least, in Florida -- has not caught up with these changes."
Attempts to reach Simon's former wife were unsuccessful. But Miami attorney Marcia Soto -- who was not involved in that case -- says there are times when permanent alimony makes sense.
"The potential impoverishment of spouses that have been in long term marriages, some that could be 20, 30 years, perhaps giving up educational opportunities, professional opportunities, many times to help the other spouse increase their earning opportunities, increase their career", said Soto.
Even if the bill passes, judges could still order alimony that lasts so long it's essentially permanent -- although, and this is a change, they would have to explain their reasoning in writing. But no amount of reasoning would convince Dr. Rob Simon.
"I have no problem giving her a lot of money for a long period of time", Simon said. "But at some point, somebody's gotta pull up their bootstraps and get a job and work!"
The alimony bill is being promoted by a lobbyist whose fee is paid from contributions to an organization for angry alimony payers. Rob Simon sends the group $15 a month. He says it’s all he can afford.