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.
Posted by Nydia Streets of Streets Law in Florida Alimony
When parties are married, get divorced, and then marry again, does a Florida court consider the length of both marriages when deciding if alimony should be awarded? This issue was discussed in the recent appellate case Potter v. Potter, 1D20-603 (Fla. 1st DCA March 15, 2021).
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.
