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Alimony
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
Can parties agree outside of court to modify alimony payments? The best practice, to avoid any disputes or confusion later, may be for the parties to modify an alimony obligation through the court and with an court order. However, agreements to modify alimony payments outside of court can be upheld. This was an issue in the case Fernandez v. Kivimaki, 2D2023-1129 (Fla. 2d DCA August 21, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a modification of Florida alimony is sought, there are different considerations from those applied when alimony is originally ordered. Establishment of alimony is governed by Florida Statute 61.08 which modification of alimony is governed by Florida Statute 61.14. This was an issue in the case Beans v. Beans, 1D2021-3358 (Fla. 1st DCA September 18, 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 Divorce
Making sure you have a transcript of a hearing in your Florida divorce case can help protect you in the event there is an appeal. A transcript is usually required when there is an appeal filed, and failure to provide one may result in dismissal of an appeal. There are situations, however, where a transcript may not be required because an error is apparent on the face of the judgment. This was an issue in the case Jocelyn v. Jocelyn, 5D2023-1586 (Fla. 5th DCA June 14, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
What happens when a court premises its ruling on a prior order which has been reversed by an appellate court? This was an issue in the case Kritzman v. Kritzman, 3D22-1418 (Fla. 3d DCA February 28, 2024). The parties’ marital settlement agreement obligated the former husband to pay permanent alimony to the former wife amounting to one-third of his annual income. The former wife filed a motion to enforce alleging the former husband had not paid. The former husband was eventually ordered to pay $2,000 per month toward his arrears and an equitable lien was placed on his retirement account to secure the arrearages.
Posted by Nydia Streets of Streets Law in Florida Alimony
What does it mean to suspend or abate a Florida alimony obligation? This means the payor is experiencing temporary hardship that affects his or her ability to pay such as the loss of employment or temporary disability. This issue must be properly brought before the court to be considered. This was an issue in the case Pappas v. Pappas, 2D22-1791 (Fla. 2d DCA February 23, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
When nominal alimony is awarded in a Florida divorce, the alimony recipient may wonder when it is time to petition for an increase in alimony. This was an issue in the case Cipollina v. Cipollina, 2D22-28 (Fla. 2d DCA January 19, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
What is temporary alimony in Florida? This is alimony awarded while a divorce case is pending, meaning before a final judgment of divorce is entered. Sometimes a temporary alimony award is needed to maintain the status quo so that a spouse who needs financial support is not waiting until trial (which could be several months away) before he or she can receive money for living expenses. Temporary support was an issue in the case Adams v. Cunningham, 4D2023-0572 (Fla. 4th DCA January 24, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
Florida Statute Chp. 61.08 governs alimony awards in a Florida divorce case. The statute was updated in 2023 to provide clearer guidelines for calculating alimony. One requirement that has remained constant, however, is that alimony should be calculated based on the net incomes of the parties rather than their gross incomes. This was an issue in the case Parker v. Parker, 2D22-2736 (Fla. 2d DCA January 17, 2024).
Posted by Nydia Streets of Streets Law in Florida Alimony
The Florida statutes no longer include provisions for permanent alimony. However, a party may still be required to pay alimony for a significant period of time if the following factors are considered:
1. The extent to which the obligee’s age and employability limit the obligee’s ability for self-support, either in whole or in part.
2. The extent to which the obligee’s available financial resources limit the obligee’s ability for self-support, either in whole or in part.
3. The extent to which the obligee is mentally or physically disabled or has been diagnosed with a mental or physical condition that has rendered, or will render, him or her incapable of self-support, either in whole or in part.
4. The extent to which the obligee is the caregiver to a mentally or physically disabled child, whether or not the child has attained the age of majority, who is common to the parties. Any extension terminates upon the child no longer requiring caregiving by the obligee, or upon death of the child, unless one of the other factors in this paragraph apply.
Fla. Stat. 61.08(8)(b).
Posted by Nydia Streets of Streets Law in Florida Alimony
Terminating alimony in Florida usually requires the filing of a petition for modification or termination. Many times, a hearing is not held for several months or more than a year after the date the petition is filed. If the court decides alimony should be modified or terminated, it will consider retroactive termination. Does the fact that the other parent owes child support arrears affect any alimony amount owed? These were issues in the case Suarez v. Suarez, 4D2022-0359 (Fla. 4th DCA November 1, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a former spouse who is ordered to pay alimony suspects that the other former spouse is cohabitating, this may be grounds to modify Florida alimony. A four-step analysis is required by the court in determining if alimony should be reduced or terminated on this ground. This was an issue in the case Spector v. Spector, 3D22-1400 (Fla. 3d DCA October 11, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
Modification of alimony in Florida requires a showing of a substantial change in circumstances which was not contemplated at the time the support amount was established. The burden of proof on the party asking to modify alimony is considerable. So what is an example of a change in circumstances that qualifies? Today we discuss the case Allaire v. Allaire, 2D22-2804 (Fla. 2d DCA September 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
Florida alimony laws changed as of July 1, 2023. Most notably, permanent alimony is abolished and there are more defined guidelines as to how much alimony to award and for how long it is paid. Despite these changes, a requirement that remains is that the court makes findings concerning the alimony award. This was an issue in the case Weaver v. Weaver, 4D21-1996 (Fla. 4th DCA August 9, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
Permanent alimony no longer exists in Florida, but the primary consideration of need and ability to pay remain the same. The spouse who is asking for alimony to be paid must show a need for it, and there must be a finding that the other spouse has the ability to pay alimony. This was an issue in the case Crouse v. Crouse, 4D22-2070 (Fla. 4th DCA July 26, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
Is permanent alimony appropriate in a moderate term marriage in Florida? There is no presumption for or against permanent alimony currently as it relates to a moderate term marriage. It is worth noting that alimony laws may be changed by the legislature soon. Under current statutes, moderate term marriages are between 7 and 17 years, and permanent alimony can be awarded if appropriate based on clear and convincing evidence. This was an issue in the case Beauchamp v. Beauchamp, 6D23-478 (Fla. 6th DCA June 9, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
Do I qualify for an abatement of alimony? This is a question many may have when they run into financial difficulties due to loss of income or other issues. An abatement means a pause on the obligation. While the money will still eventually be owed, a party does not have to worry about being held in contempt during the period of abatement. This was an issue in the case Vuchinich v. Vuchinich, 2D20-3719 (Fla. 2d DCA May 26, 2023).
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).
