Posted by Nydia Streets of Streets Law in Florida Alimony
When alimony is terminated by the request of a payor because of changed financial circumstances, a court can still award nominal alimony which provides for the possibility that the payor may be able to pay the alimony in the future. Nominal alimony is a small amount which keeps the alimony obligation active for future modification, but is a low or insignificant amount (ex: $1.00 per month). This was an issue in the case O’Brien v. O’Brien, D2023-2446 (Fla. 4th DCA November 6, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
Florida statutes no longer provide for awards of permanent alimony. For cases in which the parties agreed to permanent alimony or the court awarded permanent alimony before the law changed, modification may be warranted when the circumstances of either party changes. In the case Dwight v. Dwight, 5D2023-1347 (Fla. 5th DCA October 18, 2024), modification was at issue due to the payor’s retirement.
Posted by Nydia Streets of Streets Law in Florida Alimony
In 2023, Florida alimony laws were revised, most notably eliminating permanent alimony. There are still some permanent alimony cases which were entered prior to the change in law which continue to be discussed in current appellate cases. One such case is Giegold v. Giegold, 6D2023-2666 (Fla. 6th DCA September 20, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
According to Florida Statute Chp. 61.08, “The court may award a combination of forms of alimony or forms of payment, including lump sum payments, to provide greater economic assistance in order to allow the obligee to achieve self-support.” A lump sum alimony payment may be desirable for both the payor and payee where it gets rid of the need for ongoing accounting of monthly payments. Lump sum alimony was an issue in the case Gutierrez v. Gutierrez, 3D23-1434 (Fla. 3d DCA August 28, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party wants to enforce an alimony judgment that was entered in another state, does Florida law apply to the matter or the law of the state where the alimony was established? In the case Lavinder v. Bryson, 1D2023-2022 (Fla. 1st DCA August 21, 2024), the trial court applied Alabama law in resolving a dispute between former spouses over alimony payments.
Posted by Nydia Streets of Streets Law in Florida Alimony
When determining a party’s ability to pay alimony, we usually look to the party’s financial affidavit and examine monthly expenses versus monthly net income. If a party has a surplus after paying reasonable monthly expenses, this is an indication of how much that party can afford in paying alimony. This was an issue in the case Hawryluk v. Hawryluk, 5D21-2405 (Fla. 5th DCA May 19, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
A general magistrate is a judicial officer who holds a hearing and enters a recommended order which is ratified by the judge unless either party objects to the recommended order. If there is an objection, the judge must hold a hearing to determine if the objection is valid. This was an issue in the case Edmonds v. Edmonds, 6D23-97 (Fla. 6th DCA February 17, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
Can a discharge of debts in bankruptcy lead to a modification of alimony in Florida? According to the case Kraus v. Kraus, 3D21-740 (Fla. 3d DCA August 24, 2022), it can. This is because the debt discharge could lead to better ability to pay by the payor.
Posted by Nydia Streets of Streets Law in Florida Alimony
Can receipt of social security benefits form a basis for modification of Florida alimony? If an alimony recipient begins receiving social security benefits, the payor may be able to modify alimony payments if he or she can show there has been an unanticipated and substantial change in circumstances which warrants modification of alimony. This was an issue in the case Mahle v. Mahle, 4D20-2024 (Fla. 4th DCA May 25, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
Can withdrawals from a retirement account be considered income when calculating a party’s ability to pay alimony? The answer depends on what type of withdrawals are being made, such as discretionary or mandatory. This was an issue in the case Rodolph v. Rodolph, 4D18-3167 (Fla. 4th DCA May 4, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
What is the standard for awarding permanent alimony in a Florida divorce? Currently, Florida law provides that there is a presumption that permanent alimony is appropriate in marriages lasting 17 years or longer, known as long-term marriages. It is usually an abuse of a court’s discretion to fail to award permanent alimony in a long-term marriage unless the presumption is overcome by competent, substantial evidence. This was an issue in the case Manna v. Manna, 1D21-892 (Fla. 1st DCA March 23, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
What are the different types of alimony that can be awarded in a Florida divorce? Bridge-the-gap, rehabilitative, durational and permanent alimony can be awarded. What type is awarded in a specific case depends on factors such as the length of the marriage, the age and health of both parties, and more. This was an issue in the case Ogle v. Ogle, 1D19-1709 (Fla. 1st DCA February 23, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party is ordered to pay permanent alimony in Florida, is retirement a factor that can be considered in modifying or possibly terminating support payments? Generally, a party’s retirement may be a substantial change in circumstances that warrants modification of alimony. A party seeking modification has the burden of proving the change is involuntary and permanent. This was an issue in the case Tanner v. Tanner, 2D20-3042 (Fla. 2d DCA October 20, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
What are some factors a Florida divorce court reviews to determine if a spouse is underemployed when deciding if alimony should be awarded? For one, the court might look at the employment history of the spouse, or consider the testimony of a vocational evaluator who can assess a party’s earning potential. This was an issue in the case Burke v. Burke, 2D20-1398 (Fla. 2d DCA September 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
What does a court look at to determine if permanent alimony should be paid in a Florida divorce case? Some factors that must be considered are the length of the marriage, the respective financial positions of both parties, and the age and health of both parties. In the case Murkerson v. Murkerson, 1D20-2248 (Fla. 1st DCA August 17, 2021), the former wife appealed the length of her alimony award, among other issues.
Posted by Nydia Streets of Streets Law in Florida Alimony
What expenses are taken into account when the Court determines how much Florida alimony a party can afford? When ordering spousal support to be paid, a court must review the need of the spouse asking for alimony and the ability of the other spouse to pay it. This requires review of each party’s living expenses. Certain living expenses are excludable when reviewing a party’s need or ability to pay. This was an issue in the case Smith v. Smith, 5D20-659 (Fla. 5th DCA May 28, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
Is it possible to modify permanent alimony to durational alimony in Florida? Florida Statute 61.14 covers modification of alimony in Florida. One recent case goes over the issue of modification of the length of alimony and whether or not this is authorized under Florida law. In the case Valby v. Valby, 4D20-459 (Fla. 4th DCA April 28, 2021), the former wife appealed an order modifying the permanent alimony she was receiving.
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party attempts to hide assets or income to avoid a Florida alimony obligation, this usually does not produce favorable results for that party. Requesting a modification of alimony requires parties to produce records of income and assets to show what has changed. In the case Gibbs v. Gibbs, 1D19-4030 (Fla. 1st DCA April 29, 2021), the appellate court reviewed the trial court’s denial of the former husband’s request to lower his alimony payments.
Posted by Nydia Streets of Streets Law in Florida Alimony
When alimony is ordered to be paid by one spouse to the other in a Florida divorce, the paying spouse cannot be left with significantly less net income than the recipient spouse absent a finding of exceptional circumstances. Alimony can take the form of direct cash payments to a spouse and/or payments made on behalf of a spouse such as health insurance premiums, rent, etc. In the case Rabadan v. Rabadan, 4D19-3219 (Fla. 4th DCA March 31, 2021), the court considered the former husband’s appeal of an alimony judgment forcing him to pay over $8,000.00 per month.
Posted by Nydia Streets of Streets Law in Florida Alimony
In Florida, permanent alimony is presumed appropriate in a marriage of 17 or more years. This presumption is rebuttable based on factors listed in Florida Statute 61.08. Factors a Florida divorce court will consider in awarding alimony is the ages of the parties, the contributions of each spouse to the marriage, and more. In Speigner v. Speigner, 1D20-1712 (Fla. 1st DCA March 24, 2021), the former wife appealed an award of durational alimony which she argued should be permanent instead.
