How Can Legal Reforms Address the Impact of Domestic Abuse on Divorce Financial Settlements in Florida?

How Can Legal Reforms Address the Impact of Domestic Abuse on Divorce Financial Settlements in Florida?

A marriage can end for several reasons: irreconcilable differences, infidelity, or just one spouse (or both) falling out of love. However, another common reason why divorce happens in Florida, and one of the most valid, is domestic abuse.

In recent years, there have been petitions and calls for the state to consider domestic abuse when handling these domestic abuse-induced divorces. For example, a growing movement is advocating for Florida’s legal system to consider abuse when determining financial settlements in divorce cases.

Domestic Abuse In Divorce Proceedings

When we say ‘domestic abuse,’ the first thing that comes to mind is physical violence, but it is more than that. “Emotional, financial, and psychological abuse, when not immediately addressed, can pose long-term damages,” says  Samah T. Abukhodeir, divorce attorney of The Florida Probate & Family Law Firm. Moreover, these forms of domestic abuse are even more devastating as they have more long-lasting effects on the victims.

If your marriage is ending because you feel emotionally violated, for instance, you may need to see a therapist. That is because you may suffer from mental health issues and an overall diminished sense of well-being otherwise.

Therefore, realizing the pervasive nature of domestic violence, society is advocating that these factors be incorporated into divorce financial settlements. The endgame is that the abused spouse gets the adequate support they need to recover and rebuild their lives post-divorce.

Why Should Domestic Abuse Factor In Divorce Financial Settlements?

One major argument for including domestic abuse in divorce financial settlements is the recognition of its devastating impact on victims. More often than not, domestic abuse survivors find it hard to regain their independence long after the divorce has been finalized. More so, the effects are much worse if the abused spouse is economically dependent on the abusive spouse.

• How Legal Reforms Can Help

If Florida’s legal system can consider these factors, it can address the power imbalances that typically exist in these relationships. As such, it would ensure that even if victims leave the marriage vulnerable, they do not remain so for too long. Moreover, factoring in domestic abuse into financial settlements will encourage more abused spouses to come forward and seek help.

More so, legal reforms taking domestic abuse seriously and holding abusers accountable for their actions would foster a healthy culture. It would be a culture that prioritizes the experiences and needs of the domestically abused. Eventually, the legal system will build an environment where domestic abuse victims feel safe, supported, and defended.

Areas Legal Reforms Can Help Domestic Abuse Victims In Divorce Proceedings

First, Florida courts have one sole concern in cases like this: the safety and well-being of the victim and their child(ren). Therefore, in divorce cases arising from domestic abuse, the victim’s protection is a top priority. Below are areas where the legal system steps in to ensure the abuser inflicts no further harm on them:

• Child custody

In a divorce case where domestic abuse is a factor, the abusive spouse gets severely limited custody and visitation rights. If they do get visitation, the court may order supervision – or, in extreme cases, the abuser gets no visitation rights at all. In extreme cases, the non-abusive parent would get sole parental responsibility because the court does not want to expose the child to further trauma.

• Alimony

If the abused spouse is dependent on the abusive spouse, it will influence the court’s decision on spousal support or alimony. More so, the court will likely award higher alimony to the abused spouse to make it easier to thrive post-divorce. Conversely, the abusive spouse may not get any alimony because of the violent behavior they exhibited during the marriage.

• Asset division

Generally, Florida’s legal system fights fair for couples when distributing marital assets, ensuring that each spouse gets a fair share. However, when there is a report of domestic abuse, the decision will tilt in favor of the abused spouse. If the abuser caused the abuse any economic disadvantage, such as losing their earning potential, the court will award the victim a greater portion.

Conclusion

Society is advocating for Florida’s legal system to incorporate domestic abuse accusations in divorce financial settlements. Furthermore, Florida’s legal system is listening as the courts now rule in favor of the abused spouse, ensuring their well-being.