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Florida 4th District Court  Of Appeals Declares "The State" Is The  Most Important Party In Every Marriage

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The alliance Leads the way!!

Lifetime Alimony is unconstitutional. Clearly it is INVOLUNTARY SERVITUDE, a form of slavery, and violates one's RIGHT TO PRIVACY

Many judicial challenges have failed to offer relief to those held in bondage by the state and force to pay ALIMONY for which they get nothing in return.

Good faith legislative efforts have failed to "FREE THE SLAVES".

We must alert the people to fact that a PERMIT called a marriage license exposes the good intentions of innocent people to the WRATH of the judicial industry in DIVORCE COURT. No marriage license no DIVORCE COURT. An alternate to this system must be established and the people educated. Under the current system it is NOT SAFE for people to get married.

The Alliance realizes that not only do spouses who pay "lifetime" alimony suffer, but their families, second spouses, significant others and many others likewise are affected. There is a trickle-down effect that affects the whole society and economy necessitating a realization by the legislators that it is time for a change.

The Alliance's new emphasis is now placed on educating the public and those responsible for making the laws that affect family law as to the pressing need to end the continuing financial marriage that survives and lives long after the dissolution of marriage that terminated the relationship of the spouses.

It is realized that there is a plaintive cry, by those so burdened, for closure to an unfortunate event in the lives of a family to where both parties can continue on with their lives and become productive members of society again free of the jurisdiction and intervention of the courts continually hovering over them and threatening them for the rest of their lives.

The efforts that are made towards reform in Florida will pave the way for other states to follow. Only by your participating and joining our team will this happen. If you would like to start a branch chapter in your city click here.

"Crucial to the decision in this case is that the court's order arose in a dissolution proceeding involving a request for permanent financial relief. "Since marriage is of vital interest to society and the state, it has frequently been said that in every divorce suit "the state is a third party whose interests take precedence over the private interests of the spouses." Posner v. Posner, 233 So.2d 381, 383 (Fla. 1970)." --DANIEL v. DANIEL, 922 So.2d 1041 (Fla.App. 4 Dist. 2006) citing Posner v. Posner

The Alliance For Freedom From Alimony, Inc. is the leading group in the country working to reform the alimony laws nationwide in order to abolish "lifetime Alimony" that has forced spouses into a life of involuntary servitude and peonage that has ruined the lives of hundreds of thousand of spouses who are obligated to pay that alimony. We are fighting in the courts and and in the legislature attempting to make changes to the alimony laws.

WHAT WE BELIEVE REGARDING ALIMONY REFORM

To achieve a constitutionally acceptable reform of alimony laws, The Alliance For Freedom From Alimony believes that the process of dissolution is placing undue burdens on Floridians who simply wish to change their fundamental constitutional right of association and exercise their fundamental constitutional right of privacy by altering their marital status when they dissolve their marriage. Accordingly:

(1). Floridians must be able to end their marriage with a well defined goal of minimal intrusion by the state and that the intrusion has a well defined and reasonable time limit.

In other words, the alimony portion of the dissolution process will have a closure point where no further intrusion by the state will be permitted. By limiting alimony awards to 3 years, the practice by judges of retaining jurisdiction for life will be eliminated. A judge could no longer award one dollar of permanent alimony just to keep a Floridian tied to the court system indefinitely in a state of perpetual bondage.

(2). Alimony statutes must be reformed to be duration limited so that they are in accordance with other statute mandated entitlements such as child support, welfare, and unemployment compensation.

It does not make sense that the state will allow you discontinue support for a teenage child who most likely has limited job skills but not an adult ex-spouse. The state only allows adult Floridians to receive unemployment compensation for 59 weeks. An ex-spouse, who in many cases has received considerable equitable distribution, is not responsible under FS 61.08 for themselves financially for the rest of their lives; even when they took steps during their marriage to have job skills because of statute requirements such as "lifestyle during the marriage", "emotional state", and "marital contribution".

(3). All references to marital lifestyle and marital contribution must be removed from alimony statutes to ensure both parties receive equal protection under the law.

While married, Floridians have the freedom to conduct their marriage as they see fit and it is unconstitutional for the state to intrude. A spouse can choose to stay home or work. They can choose to save for their future or not save. The state cannot and does not dictate marital conduct. In fact, Florida statute 708.8 guarantees by law that married women are financially independent from their husbands.

FL. Const Art X Sec 5 states:

"SECTION 5. Coverture and property.--There shall be no distinction between married women and married men in the holding, control, disposition, or encumbering of their property, both real and personal; except that dower or curtesy may be established and regulated by law."

So, the state should not be allowed to use marital conduct as a basis for alimony awards.

A married Floridian has abundant opportunity to look out for their own future welfare while married and would probably do so if they knew the state was not going to reward them during dissolution for their marital conduct. If they do not, that is their responsibility not their ex-spouses'. Nor can one spouse force the other to do it. There is an assumption made by the state that homemakers sacrifice their employment opportunities for their spouse and families while the breadwinner spouse is "privileged" to have a career.

Why is being the family breadwinner less of a sacrifice than that of a homemaker? Does the state believe that working all day in a job then coming home to share household duties with a spouse is not sacrificial?

Does the state believe that years and years of paying bills and giving the fruit of your labor for your families' welfare is not sacrificial? Who gave the state the moral authority to determine this and why is the constitutional right of privacy less after marriage than before?

(4). 50/50 distribution of all marital assets and liabilities must be mandatory and apart from any transitional alimony award.

No one should be forced to pay court ordered alimony from their equitable distribution if they lack other ability to pay. Nor should distributed assets be used to calculate an alimony award. This means no forced sale of titled property or payment of alimony from liquid assets received as part of equitable distribution.

(5). Alimony must not be calculated or used to supplement a child support order.

Currently, state courts have the ability to manipulate alimony amounts to enhance child support because child support is statute limited and alimony is not. Also, Florida courts have been labeling "alimony" as "child support" on state disbursement unit deduction orders. We believe they are defrauding the federal government out of Title IX funds for collecting unpaid alimony misrepresented as and renamed "child support".

(6). Unbridled judicial discretion must be removed from alimony statutes.

Criminal courts do not have unrestrained judicial discretion, why do civil courts? Why does the state protect the rights of convicted criminals from judicial abuse but not citizens who are only trying to dissolve their marriage and have committed no crime?

(7). The judiciary is a constitutional mandate to protect citizens from the legislative and executive branches of government. Therefore, the adversarial aspect of alimony must be removed to eliminate the profit motive.

Permanent alimony and fighting over permanent alimony has turned the judiciary into a profit driven corporation. Alimony victims are forced to be tied to the corporation like it's a "company store" continually coming back to seek their freedom or convince judges that they deserve a modification because they want or need to change their lifestyle.
This results in the judiciary being a front for an industry reaping billions of dollars in profit from people who have had their constitutional rights suspended. This also gives the divorce industry the ability to funnel dollars back into the political process to perpetuate the "company store". In other words, permanent alimony breeds political and governmental corruption.

(8). Alimony must fall under the existing laws pertaining to monetary debt.

Alimony is an entitlement created by the state and treated as a duty of the husband to the wife and to "society." Because the Florida courts call alimony a "duty" and not a debt, they can incarcerate Floridians for failure to fulfill a court ordered "duty. " The Florida Courts thereby avoid the Florida Constitution ban on imprisonment for debt. (Art. I, Sec. 11 Fla. Const.) There is no limit or restraint on this incarceration.

They choose to call alimony a "duty" to avoid existing debt laws such as debtors prisons but, regardless of what they call it, it accumulates like a debt and it collects interest like a debt.

In other words, the state creates a debt based on a fabricated "duty". Then, they bind it as a contract involuntarily on to the payer who can be jailed without limit for not paying it. Alimony is not a voluntary obligation. The payer has received nothing tangible in exchange for this perpetual debt obligation. The state will say that the debtor has received homemaker services or some other such contribution from the alimony recipient but they will never talk about the tangible items the alimony recipient previously received such as a provided home, food, health care, clothes, cars, etc, etc. Should not the recipient be
indebted to the payer as well?

(9). Citizens seeking to dissolve their marriage are not victims of each other.

The public policy of Florida is that Floridians in a marriage may dissolve the marriage without fault by merely declaring the marriage is irretrievably broken.

It is not appropriate for the state to say that someone victimized someone else in their marriage and that makes them deserving of alimony for life. It may be true that spouses physically, verbally, or mentally abuse each other during marriage. Or, that they commit infidelity. It must not be a function of the state to define a victim for the purpose of awarding permanent alimony.

There are already laws against domestic abuse and violence. Outside of alimony statutes, there are no laws against adultery, bickering, or falling out of love. Marriages are private domains. So, if someone says "what about the woman whose husband ran off with his younger secretary"? An appropriate reply may be "what about the woman who ran off with her younger exercise trainer"? What is the point?

The point is that Florida courts convert moral behavior, i.e. infidelity into an economic factor in order that the legal system has another issue to further distribute the Floridians financial resources to the Family Law Bar.

(10). Alimony Is never voluntary.

Just because a Floridian signs a post dissolution settlement agreement containing permanent alimony does not make it voluntary. The 2nd DCA declared that "alimony is an entitlement granted by statute" and that as such "it cannot be waived".

Even if a settlement agreement did not contain alimony, the court is not obliged to approve it. Also, no Floridian can "opt out" of paying alimony in their settlement agreement if the receiving spouse wants it. The payer spouse has no real choice in the matter. Some have been told during mediation that if they don't agree to permanent alimony in their MSA, they will be bankrupted by attorneys' fees trying to fight it and the court will end up awarding it anyway.

Click here to find out "Did You Know?"

In recent months, many people have joined our ranks in the efforts to change the laws. If you  are seeking relief from the burdens of alimony payments, it will be to your advantage to join in with our efforts to fight for relief from "lifetime alimony." See what others of our group have done by viewing the cases filed.  Some of the same arguments used by them can be incorporated into your case documents should you decide to challenge the constitutionality of your state's alimony statutes. By doing this, you will let the courts know they are stepping on your rights and this will allow you to fight back.

Alimony: A lottery


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Alimony: A Wedding Scene


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