Posted by Nydia Streets of Streets Law in Florida Alimony
Permanent alimony in Florida is usually reserved for long-term marriages of 17 years or more. Permanent alimony may still be awarded in marriages of shorter duration when there is a finding of exceptional circumstances. For example, if a spouse in a shorter marriage becomes disabled and unable to work, this may be a factor that supports granting permanent alimony. This discussion is highlighted in the case Odom v. Odom, 1D20-2154 (Fla. 1st DCA March 18, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
A party’s failure to pay court-ordered alimony may subject that party to contempt of court. This also applies to the obligation to maintain a life insurance policy to secure an alimony award. What happens if a party who is in contempt cures the non-compliance before a hearing - is the issue of contempt now moot? This was the subject of the case Herce v. Maines, 2D19-3174 (Fla. 2d DCA March 12, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
When parties are voluntarily underemployed or unemployed, a court may impute income for purposes of calculating Florida alimony. This means the court will treat each party as if he or she is earning income he or she is capable of earning even if he or she is not actually earning that income. This in theory forces the underemployed or unemployed spouse to obtain employment at the salary level he or she is capable of earning so that the court-ordered amount can be paid. But what if after being imputed income, a spouse uses best efforts and gets a job that pays less than the amount imputed to him or her? This happened in the recent appellate case Hampson v. Hampson, 2D19-1105 (Fla. 2d DCA January 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
Modifying Florida alimony requires a showing of a substantial, and permanent change in circumstances which was not contemplated at the time the alimony was established. But what if a party is experiencing a change in income which is not permanent, but may last several months or possibly years? A party may apply for temporary alimony modification as illustrated in the case Sjogren v. Sjogren, 4D19-1415 (Fla. 4th DCA October 28, 2020).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party fails to make alimony payments under a court order, what remedies are available to the other party? One remedy is to file a motion for contempt. In order to be successful on a motion for contempt, there has to be a showing that the payor had the ability to pay alimony and willfully failed to do so. This was an issue in the case Jacobs v. Jacques, 2D18-4858 (Fla. 2d DCA August 12, 2020).
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
How does the standard of living experienced during a marriage affect an award of Florida alimony? The standard is a factor the court will consider in awarding the amount of spousal support. If parties lived a modest lifestyle, the alimony award should reflect that. This was an issue in the case Pricher v. Pricher, 5D19-243 (Fla. 5th DCA July 17, 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
There is a rebuttable presumption in Florida that permanent alimony is appropriate in a marriage lasting 17 years or longer. Without a transcript of a hearing, an appellate court is limited to reviewing the order being appealed to determine if there are any errors that are clear on the face of the order. These two issues were intertwined in the case Baron v. Baron, 1D19-3037 (Fla. 1st DCA July 15, 2020).
Posted by Nydia Streets of Streets Law in Florida Alimony
The right to call and cross examine witnesses is fundamental to due process in a Florida family law proceeding. When a former husband was prohibited by the court from cross-examining the former wife, he appealed the order concerning his request to modify alimony payments in Benedict v. Benedict, 4D19-3266 (Fla. 4th DCA May 6, 2020).
Posted by Nydia Streets of Streets Law in Florida Alimony
In a long-term marriage, there is a presumption in Florida that permanent alimony is appropriate. This is explained in the case Rhoden v. Rhoden, 1D18-3307 (Fla. 1st DCA April 29, 2020) in which the former wife appealed the trial court’s decision to award her durational alimony after a thirty-five year marriage.
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
A recent appellate case sheds light on what happens to a Florida divorce case when circumstances change between the time the judge orally announces a ruling and when the ruling is reduced to writing in a final judgment. In Singer v. Singer, 2D18-1854 (Fla. 2d DCA April 17, 2020), the former wife appealed a final judgment that denied her alimony.
Posted by Nydia Streets of Streets Law in Florida Alimony
A party nearing retirement may consider filing a petition to modify his or her alimony obligation in Florida. In order to modify alimony, there must be a showing of a substantial, permanent change in circumstances which was unanticipated at the time the original support amount was ordered. Many parties disagree about whether retirement is an unanticipated change in circumstances, as was the case in Befanis v. Befanis, 5D19-359 (Fla. 5th DCA April 17, 2020).
Posted by Nydia Streets of Streets Law in Florida Alimony
A Florida marital settlement agreement that provides for non-modifiable alimony is generally enforceable, and a court is bound to follow the clear language of the agreement. In Judy v. Judy, 2D18-1566 (Fla. 2d DCA March 4, 2020), the former wife appealed the court’s decision to modify her alimony.
Posted by Nydia Streets of Streets Law in Florida Alimony
In a case stemming from a petition to modify alimony in Florida, a former husband was found to be in contempt of his support obligation. After the trial court denied his petition for modification and concurrently found him in contempt, the former husband appealed. The case is Carter v. Hart, 5D18-609 (Fla. 5th DCA February 14, 2020).
Posted by Nydia Streets of Streets Law in Florida Alimony
What is the basis for awarding alimony in Florida? Several factors are considered in determining an alimony claim, including the length of the marriage; the age, health and work history of the parties; and the lifestyle established during the marriage. Once it is determined the alimony should be awarded, the court must determine the type of alimony (permanent, durational, rehabilitative, etc.) and how much. In the case Williams v. Jones, 1D18-4771 (Fla. 1st DCA February 3, 2020), the former husband objected to an award of permanent alimony to his ex-wife.
Posted by Nydia Streets of Streets Law in Florida Alimony
When is summary judgment appropriate in a Florida family law case? Such a procedure is used when there is no issue of material fact for the court to decide. That is, it is undisputed that a party is entitled to relief without the need for a trial or the normal steps of litigation. In the case Bradner v. Bradner, 1D18-4604 (Fla. 1st DCA December 27, 2019), we see summary judgment used to terminate Florida alimony.
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party meets the threshold requirement of showing a substantial change in circumstances that warrants modification of alimony in Florida, the next step is for the court to assess need and ability to pay. That is, the need of the spouse asking for alimony and the ability of the other spouse to pay it. In Nangle v. Nangle, 4D19-31 (Fla. 4th DCA December 18, 2019), the appellate court considered the appeal of a former husband who argued the trial court failed to take into consideration each party’s financial circumstances in denying his petition to modify alimony.
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.
