Miami family law attorney blog
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Miami spousal support lawyer
Posted by Nydia Streets of Streets Law in Florida Alimony
Calculating alimony in Florida is a process requiring consideration of multiple factors. The length of the marriage, the relative financial circumstances of the parties, and the ages and health of the parties are some of these factors. Alimony is governed by Fla. Stat. 61.08.
Posted by Nydia Streets of Streets Law in Florida Alimony
Does alimony have to be paid to a spouse in a Florida divorce who has money available to him or her through friends or family? Depending on how much money is available and the expectation of the giver as to whether or not the money needs to be repaid, these funds may affect a spouse’s eligibility to receive alimony. This was an issue in the case Stevens v. Travers, 1D20-1018 (Fla. 1st DCA September 15, 2021).
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
Before a court can award Florida alimony, equitable distribution must be decided. This is because a spouse asking for alimony might not need it if he or she is awarded sufficient money and assets in the divorce. A non-primary residence house awarded to a spouse, for example, might be a source of rental income for that spouse that would satisfy an alimony need. When the assets are not enough to satisfy an alimony need, the court might award a monthly payment. This was at issue in the case Harkness v. Harkness, 4D19-1434 (Fla. 4th DCA July 29, 2020).
Posted by Nydia Streets of Streets Law in Florida Alimony
Under Florida law, a court must consider the length of a marriage in determining whether or not alimony should be awarded. A marriage of less than 7 years is considered short-term, while a marriage that lasts between 7 and 17 years is considered moderate term. A marriage that is 17 years or longer is considered long-term. Permanent alimony is usually reserved for long-term marriages. How precise does the length of the marriage have to be? This was an issue in the case Giles v. Giles, 2D19-1268 (Fla. 2d DCA July 10, 2020).
Posted by Nydia Streets of Streets Law in Florida alimony
A marital settlement agreement that does not specifically and intentionally limit the ability to modify Florida alimony will usually not preclude a former spouse from seeking increased or decreased support. In Haeberli v. Haeberli, 5D18-2449 (Fla. App. 2020), the former husband appealed an order increasing his alimony payment to his former wife.
Posted by Nydia Streets of Streets Law in Florida Alimony
In order to modify alimony in Florida, a party seeking modification must show (1) there was a substantial change in circumstances; (2) the change was not contemplated at the time of the final judgment of dissolution; and (3) the change is sufficient, material, involuntary, and permanent in nature. See Pimm v. Pimm, 601 So. 2d 534, 536 (Fla. 1992). An order that decides the modification of spousal support is reviewed by an appellate court for abuse of discretion in Florida. In Davis v. Maloch, 5D18-2490 (Fla. 5th DCA December 20, 2019), the former wife appealed an order denying her petition to increase her permanent alimony.
Posted by Nydia Streets of Streets Law in Florida Alimony
When alimony is awarded in Florida, a court must consider several factors to determine the amount and length of the award. The court may also order that the party who pays alimony must secure a life insurance policy to protect the award. In the case Cooper v. Cooper, 2D18-3616 (Fla. 2d DCA August 2, 2019), the former husband appealed an order that obligated him to pay alimony and to obtain life insurance.
Posted by Nydia Streets of Streets Law in Florida Alimony
When alimony is awarded in Florida, a court may also require that the party paying the alimony obtain a life insurance policy that names the ex-spouse as a beneficiary. This is an attempt to protect the receiving spouse’s alimony payments. Before a court can order the maintenance of such a policy, findings must be made as to special circumstances that support the requirement, and as to the availability and cost of the insurance along with the payor’s ability to pay. In the case Manko v. Manko, 5D18-1445 (Fla. 5th DCA May 10, 2019), the former husband appealed the trial court’s decision to deny his motion to reconsider the life insurance requirement.
Posted by Nydia Streets of Streets Law in Florida Alimony
In long-term marriages in Florida, there is a rebuttable presumption that permanent alimony is appropriate. This presumption can be overcome if it is shown that a party would be capable of eventually earning income that would support the lifestyle established during the marriage. A long-term marriage in Florida is one existing for 17 or more years. In the case Molina v. Perez, 3D17-1642 (Fla. 3d DCA June 19, 2019), we examine a matter in which the trial court denied permanent alimony in a long-term marriage.
Posted by Nydia Streets of Streets Law in Florida Alimony
A Florida family law court’s decision to decrease a former wife’s monthly alimony payments by 85% led her to appeal the decision in Dunn v. Dunn, 5D18-111 (Fla. 5th DCA July 12, 2019). After considering the former wife’s expenditures and inheritance she was set to receive, the trial court believed it was equitable to reduce the payments from $12,000.00 per month to $1,819.19.
Posted by Nydia Streets of Streets Law in Florida Alimony
When one spouse earns significantly more income than the other spouse, this does not mean that alimony is automatic in Florida. In order to determine if alimony is appropriate in a Florida divorce and what type should be awarded, the court must perform a “need and ability to pay” analysis. Determination of alimony is made on a case-by-case basis with a basic foundation of what needs to be analyzed to arrive at an equitable amount.
Posted by Nydia Streets of Streets Law in Alimony
Sometimes, it is appropriate for a court to combine two different types of alimony and award both in a Florida divorce. In one case, however, this was not appropriate, as found by an appellate court in Hedden v. Hedden, 240 So.3d 148 (Fla. 5th DCA 2018).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party seeks to modify his/her alimony obligation or payments, the party can ask the court to retroactively apply any modification so that he or she receives a credit for the alimony amount that should have been paid during the retroactive period. This period is usually limited to the date a party filed a petition for modification. If the court finds alimony should be reduced or increased, it can order that such reduction or increase apply back to the date the petition was filed. If alimony was reduced by $100 per month, for example, and the order was entered 12 months after the petition for modification was filed, the payor might be entitled to a $1,200 credit for over payment of alimony.
Posted by Nydia Streets of Streets Law in Florida Alimony
There are multiple types of alimony that can be awarded in Florida for a short time, a moderate amount of time or permanently. What type of alimony is awarded in any specific case depends on what the parties agree on, or if the judge will decide alimony, factors such as the length of the marriage, the contributions of both spouses, and primarily the need of the spouse asking for alimony and the ability of the other spouse to pay it. When parties agree on alimony that is recorded in a marital settlement agreement, it is important that the intent of the parties with regard to alimony is accurately reflected in the wording used in the agreement.
Posted by Nydia Streets of Streets Law in Florida Alimony
When is permanent alimony awarded in a Florida divorce? Per the Florida Statutes, it is awarded in long term marriages (defined as 17 years or longer) when no other form of alimony is fair and reasonable given the circumstances of the parties. In Griffitts v. Griffitts, 5D17-2509 (Fla. 5th DCA 2019), we see a reversal of a trial court’s decision to deny permanent alimony in a long term marriage.
Posted by Nydia Streets of Streets Law in Florida Alimony
It is well-established that in order for a court to award alimony in Florida, it must be shown that there is a need for it and an ability to pay it. This standard applies even to awards of temporary spousal support as we see in the case Erskine v. Erskine, 1D18-1785 (Fla. 1st DCA 2018).
Posted by Nydia Streets of Streets Law in Florida Alimony
In what sounds like a law school essay exam fact pattern or even a bar exam essay question, the recently published case Greenshields v. Greenshields, 5D18-400 (Fla. 5th DCA 2018) presents an interesting and somewhat complex history between divorced parties with a dispute revolving around a loan and an alimony obligation.
Posted by Nydia Streets of Streets Law in Florida Alimony
How does alimony affect a Florida child support calculation and vice versa? Alimony is considered income to the spouse receiving it and is considered a deduction from the income of the spouse paying it. There are direct alimony payments (that is, payments made directly to the recipient) and there are in-kind payments (payments made on behalf of the recipient such as a phone bill or a mortgage payment). Are both of these types of payments deductible from the payor’s income when calculating child support?
Posted by Nydia Streets of Streets Law in Florida Alimony
When is permanent alimony ordered in Florida? Under current statutory law, the court must make a finding that no other form of alimony is fair and reasonable under the circumstances. Without this finding in the final judgment, the alimony award is subject to reversal on appeal. In one recent appellate case, although the former wife successful proved on the trial level that the former husband may have been hiding income, her award of permanent alimony was reversed in part because of the lack of the required finding in the final judgment.
