Miami family law attorney blog
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Alimony
Posted by Nydia Streets of Streets Law in Florida Alimony
If a spouse claims he or she is disabled and unable to work either part-time or full-time, what type of evidence should be presented to support this claim? One form of evidence might be the testimony of a treating physician. This was an issue in the case Holland v. Holland, 5D23-36 (Fla. 5th DCA April 6, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
What is considered a supportive relationship in Florida for purposes of modifying or terminating alimony? In a recent appellate opinion, the court reviewed the trial court’s denial of a request to modify or terminate alimony in light of the petitioner’s allegations that the former wife was living in a jointly-owned home with her boyfriend of 14 years. The case is Proveaux v. Proveaux, 1D21-3410 (Fla. 1st DCA March 29, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
A general magistrate is a judicial officer who holds a hearing and enters a recommended order which is ratified by the judge unless either party objects to the recommended order. If there is an objection, the judge must hold a hearing to determine if the objection is valid. This was an issue in the case Edmonds v. Edmonds, 6D23-97 (Fla. 6th DCA February 17, 2023).
Posted by Nydia Streets of Streets Law in Florida Divorce
When calculating income in a Florida divorce case, we look at the Florida Statutes to define what this means. Income is defined by Florida Statute Chp. 61.046(8) as “any form of payment to an individual, regardless of source, including, but not limited to: wages, salary, commissions and bonuses, compensation as an independent contractor, worker’s compensation, disability benefits, annuity and retirement benefits, pensions, dividends, interest, royalties, trusts, and any other payments, made by any person, private entity, federal or state government, or any unit of local government. United States Department of Veterans Affairs disability benefits and reemployment assistance or unemployment compensation, as defined in chapter 443, are excluded from this definition of income except for purposes of establishing an amount of support.”
Posted by Nydia Streets of Streets Law in Florida Alimony
Can a court award relief not requested by either party in their motions or at a hearing? Generally, no. Parties are entitled to due process in Florida family law proceedings which means they are entitled to be put on notice of what issues are being considered at a hearing before a court can rule on them. This way, parties can prepare to defend against allegations. This was an issue in the case Cruz v. Matos, 4D22-700 (Fla. 4th DCA February 8, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
Florida Statute Chp. 61.08 governs alimony. Factors are listed in this statute which must be considered by the court in establishing or modifying an alimony payment. Some of these factors include the standard of living established during the marriage, the duration of the marriage and the age, physical and emotional condition of the parties. Modification of alimony was an issue in the case Stivelman v. Stivelman, 3D21-1404 (Fla. 3d DCA February 8, 2023).
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
Modifying permanent alimony in Florida requires a showing of a substantial change in circumstances, among other proof. The party requesting modification has the high burden of showing that circumstances have changed beyond their control. This was an issue in the case Branham v. Branham, 5D22-320 (Fla. 5th DCA December 2, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party seeks to modify alimony, circumstances must be different from when the alimony was first awarded. The change must be unanticipated and substantial. What if an alimony recipient gains new credentials or employment? Is this enough to warrant a modification of alimony? This was an issue in the case Girard v. Girard, 4D21-2618 (Fla. 4th DCA November 30, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
What is an income withholding order in Florida? This is an order that obligates someone’s employer to withhold money from his/her paycheck and pay that money to the State Depository. The State Depository then disburses this money as child support and/or alimony on behalf of the person whose paycheck was garnished. Entry of this type of order was an issue in the case Carlson v. Frengut, 4D21-1600 (Fla. 4th DCA September 14, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
Can a discharge of debts in bankruptcy lead to a modification of alimony in Florida? According to the case Kraus v. Kraus, 3D21-740 (Fla. 3d DCA August 24, 2022), it can. This is because the debt discharge could lead to better ability to pay by the payor.
Posted by Nydia Streets of Streets Law in Florida Alimony
Can receipt of social security benefits form a basis for modification of Florida alimony? If an alimony recipient begins receiving social security benefits, the payor may be able to modify alimony payments if he or she can show there has been an unanticipated and substantial change in circumstances which warrants modification of alimony. This was an issue in the case Mahle v. Mahle, 4D20-2024 (Fla. 4th DCA May 25, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
How much of a person’s monthly income can a court order be paid as alimony to a former spouse? According to the Florida Statutes “The award of alimony may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances.” Fla. Stat. Chp. 61.08. This was an issue in the case Kirby v. Kirby, 5D21-304 (Fla. 5th DCA May 6, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
Can withdrawals from a retirement account be considered income when calculating a party’s ability to pay alimony? The answer depends on what type of withdrawals are being made, such as discretionary or mandatory. This was an issue in the case Rodolph v. Rodolph, 4D18-3167 (Fla. 4th DCA May 4, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
What is the standard for awarding permanent alimony in a Florida divorce? Currently, Florida law provides that there is a presumption that permanent alimony is appropriate in marriages lasting 17 years or longer, known as long-term marriages. It is usually an abuse of a court’s discretion to fail to award permanent alimony in a long-term marriage unless the presumption is overcome by competent, substantial evidence. This was an issue in the case Manna v. Manna, 1D21-892 (Fla. 1st DCA March 23, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
“Will I be required to obtain life insurance to support an alimony award in a Florida divorce?” This is a question many might have when faced with the possibility of paying spousal support. Florida law does allow for life insurance to be paid when an alimony amount is awarded, but there are findings that must be made before this is ordered. This was an issue in the case Murphy v. Murphy, 1D21-1691 (Fla. 1st DCA March 16, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
The Florida Statutes specify the types of alimony that can be awarded in a divorce and the factors that support the award. One consideration in determining alimony in Florida is the length of the parties’ marriage, which by statute is defined as lasting from the date of marriage until the date of filing for divorce. The length of the parties’ marriage in relation to the type of alimony awarded was a consideration in the case Whyte v. Whyte, 4D20-1576 (Fla. 4th DCA March 2, 2022).
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).
