Miami family law attorney blog
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Alimony
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.
Posted by Nydia Streets of Streets Law in Florida Alimony
When permanent alimony is awarded in a Florida divorce, it will usually be upheld if the court examined all required factors in arriving at the determination that such spousal support was warranted. In the case Schroll v. Schroll, 1D18-4716 (Fla. 1st DCA November 13, 2019), the former husband appealed the trial court’s award of $5,000 per month permanent alimony to the former wife.
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party fails to pay court-ordered Florida alimony, he or she may be held in contempt of court. Before the court can hold a party in contempt, however, there must be an evidentiary hearing with a showing of certain factors. These factors are explored in the case Perez v. Borga, 4D18-3400 (Fla. 4th DCA October 23, 2019).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party agrees to pay a certain amount of Florida alimony or child support, and the party subsequently wants to modify the payments to reduce them, is there a heavier burden of proof than when the amount established for support is by court order? This issue arose in the case Knowlton v. Knowlton, 1D18-5131 (Fla. 1st DCA October 1, 2019) in which the former husband appealed an order denying his petition to modify previously agreed-upon spousal support and child support payments.
Posted by Nydia Streets of Streets Law in Florida Alimony
When alimony is awarded in Florida, a court must consider several factors to determine the amount and length of the award. The court may also order that the party who pays alimony must secure a life insurance policy to protect the award. In the case Cooper v. Cooper, 2D18-3616 (Fla. 2d DCA August 2, 2019), the former husband appealed an order that obligated him to pay alimony and to obtain life insurance.
Posted by Nydia Streets of Streets Law in Florida Alimony
When alimony is awarded in Florida, a court may also require that the party paying the alimony obtain a life insurance policy that names the ex-spouse as a beneficiary. This is an attempt to protect the receiving spouse’s alimony payments. Before a court can order the maintenance of such a policy, findings must be made as to special circumstances that support the requirement, and as to the availability and cost of the insurance along with the payor’s ability to pay. In the case Manko v. Manko, 5D18-1445 (Fla. 5th DCA May 10, 2019), the former husband appealed the trial court’s decision to deny his motion to reconsider the life insurance requirement.
Posted by Nydia Streets of Streets Law in Florida Alimony
What is nominal alimony in Florida and when is it appropriate to award it? This issue arose in the case Shaw v. Shaw, 2D18-331 (Fla. 2d DCA May 31, 2019) in which the former wife, a veterinarian, appealed the trial court’s decision to deny her permanent nominal alimony in her Florida divorce.
Posted by Nydia Streets of Streets Law in Florida Alimony
When a court determines a party is underemployed or voluntarily unemployed for purposes of calculating Florida alimony, can it postpone imputation of income until the party is in a position to obtain employment? This issue arose in the case Horowitz v. Horowitz, 2D18-2074 (Fla. 2d DCA May 29, 2019).
Posted by Nydia Streets of Streets Law in Florida Alimony
In long-term marriages in Florida, there is a rebuttable presumption that permanent alimony is appropriate. This presumption can be overcome if it is shown that a party would be capable of eventually earning income that would support the lifestyle established during the marriage. A long-term marriage in Florida is one existing for 17 or more years. In the case Molina v. Perez, 3D17-1642 (Fla. 3d DCA June 19, 2019), we examine a matter in which the trial court denied permanent alimony in a long-term marriage.
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party is unhappy with a Florida divorce court’s ruling, what is the next step? The party may be able to appeal the final judgment, but must be sure to comply with deadlines and procedural requirements. One requirement that is often cited in Florida family law cases is the duty to file a motion for rehearing with the trial court before proceeding with an appeal. The case Engle v. Engle, 2D17-620 (Fla. 2d DCA July 3, 2019) highlights the confusion that this requirement causes among different courts in Florida.
Posted by Nydia Streets of Streets Law in Florida Alimony
A Florida family law court’s decision to decrease a former wife’s monthly alimony payments by 85% led her to appeal the decision in Dunn v. Dunn, 5D18-111 (Fla. 5th DCA July 12, 2019). After considering the former wife’s expenditures and inheritance she was set to receive, the trial court believed it was equitable to reduce the payments from $12,000.00 per month to $1,819.19.
