Posted by Nydia Streets of Streets Law in Florida Alimony
What is nominal alimony in a Florida divorce? This type of alimony is usually awarded in a small amount where the party requesting support shows a need for it, but the other party does not have the ability to pay the full amount of need at this time. Nominal alimony is awarded so that the requesting party can petition to modify the amount in the future if the payor’s circumstances change. This was an issue in the case Fabrizio v. Fabrizio, 2D21-278 (Fla. 2d DCA February 25, 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
If a party has not worked for many years, what level of income should be imputed to that party for purposes of calculating Florida alimony? Many factors go into determining if and how much income should be imputed, including the educational and occupational history of the party to whom income is being imputed. This was an issue in the case Poveromo v. Poveromo, 5D19-3466 (Fla. 5th DCA January 21, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
What are the different types of alimony in Florida? Alimony is discussed in Fla. Stat. Chp. 61.08, and generally there is bridge-the-gap, rehabilitative, durational, permanent and lump sum alimony. Which type the court will award depends on factors in each case such as the length of the marriage, the age of each party, the health of each party and more. Durational alimony was an issue in the case Pringle v. Pringle, 3D21-754 (Fla. 3d DCA January 19, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
Need and ability to pay attorney’s fees are a paramount consideration when a party asks the court to order the other party to pay fees based on the relative financial circumstances of the parties. A party must show he or she has a need for fees to be paid, and once this is established, that the other party has the ability to pay those fees. This was an issue in the case Middleton v. Middleton, 5D20-1659 (Fla. 5th DCA December 3, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
What does the term “non-modifiable alimony” mean? Usually, this means that alimony payments cannot be changed in length, amount or otherwise. A Florida divorce court cannot order non-modifiable alimony absent an agreement between the spouses or findings of exceptional circumstances. The definition of the term “non-modifiable” was at issue in the case Perez v. Perez, 5D20-2094 (Fla. 5th DCA November 5, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party requests temporary alimony in a Florida divorce, the court usually has more discretion in making the award than it does a final alimony determination. This is because temporary awards only last until the final judgment is entered, and therefore can be modified more easily than a final award. A temporary alimony order was an issue in the case Kennedy v. Kennedy, 4D20-2773 (Fla. 4th DCA November 3, 2021).
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
When a petition for modification of alimony is filed in Florida, can a court retroactively modify the support amount? A court has discretion to modify alimony dating back to the date of filing the petition for modification or any date subsequent to the filing of the petition. How does the court decide what date is appropriate? This was an issue in the case Franz v. Franz, 2D20-3310 (Fla. 2d DCA October 13, 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
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 type of discovery is relevant in a proceeding concerning contempt of an alimony obligation? Generally documents showing the financial standing of the party ordered to pay support are relevant to the issue of whether or not the payor had the ability to pay support during the period of non-payment. Relevance of discovery was an issue in the case Schultz v. Schultz, 3D21-1231 (Fla. 3d DCA July 21, 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
If a party who is receiving alimony re-marries or is in a supportive relationship, depending on the terms of a final judgment or settlement agreement, that party may be at risk of losing his or her alimony payments. This is because the party’s new partner is providing financial support to the party that reduces or eliminates the party’s need for alimony. This was an issue in the case Klokow v. Klokow, 5D19-2766 (Fla. 5th DCA July 2, 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
A spouse who is disabled may qualify for permanent alimony in Florida even if the marriage is not considered a long-term marriage. A court awarding permanent alimony in a short or moderate term marriage must make a finding that no other type of alimony is appropriate under the circumstances. This would usually apply in a case in which a spouse became permanently, severely disabled and unable to work. This was an issue in the case Gardi v. Gardi, 4D19-194 (Fla. 4th DCA June 9, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
What remedies are available to a party who is owed past-due alimony in Florida? One common remedy is contempt. If a party is held in contempt of court for failure to pay court-ordered alimony, that party can be made to pay attorney’s fees and even incarcerated. Contempt of an alimony order was an issue in the case Finch v. Cribbs, 1D18-3855 (Fla. 1st DCA June 22, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
As part of alimony in Florida, a spouse can be ordered to pay monthly expenses on behalf of a spouse rather than cash payments directly to the spouse. For example, a spouse who has a need for alimony may be entitled to remain living in the marital residence while the other spouse pays the mortgage, taxes and insurance on the home. This was discussed in the case Mercado v. Mercado, 2D19-4553 (Fla. 2d DCA April 23, 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.
