Posted by Nydia Streets of Streets Law in Florida Alimony
The Florida statutes no longer include provisions for permanent alimony. However, a party may still be required to pay alimony for a significant period of time if the following factors are considered:
1. The extent to which the obligee’s age and employability limit the obligee’s ability for self-support, either in whole or in part.
2. The extent to which the obligee’s available financial resources limit the obligee’s ability for self-support, either in whole or in part.
3. The extent to which the obligee is mentally or physically disabled or has been diagnosed with a mental or physical condition that has rendered, or will render, him or her incapable of self-support, either in whole or in part.
4. The extent to which the obligee is the caregiver to a mentally or physically disabled child, whether or not the child has attained the age of majority, who is common to the parties. Any extension terminates upon the child no longer requiring caregiving by the obligee, or upon death of the child, unless one of the other factors in this paragraph apply.
Fla. Stat. 61.08(8)(b).
Posted by Nydia Streets of Streets Law in Florida Alimony
Terminating alimony in Florida usually requires the filing of a petition for modification or termination. Many times, a hearing is not held for several months or more than a year after the date the petition is filed. If the court decides alimony should be modified or terminated, it will consider retroactive termination. Does the fact that the other parent owes child support arrears affect any alimony amount owed? These were issues in the case Suarez v. Suarez, 4D2022-0359 (Fla. 4th DCA November 1, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
When a former spouse who is ordered to pay alimony suspects that the other former spouse is cohabitating, this may be grounds to modify Florida alimony. A four-step analysis is required by the court in determining if alimony should be reduced or terminated on this ground. This was an issue in the case Spector v. Spector, 3D22-1400 (Fla. 3d DCA October 11, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
Modification of alimony in Florida requires a showing of a substantial change in circumstances which was not contemplated at the time the support amount was established. The burden of proof on the party asking to modify alimony is considerable. So what is an example of a change in circumstances that qualifies? Today we discuss the case Allaire v. Allaire, 2D22-2804 (Fla. 2d DCA September 15, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
Florida alimony laws changed as of July 1, 2023. Most notably, permanent alimony is abolished and there are more defined guidelines as to how much alimony to award and for how long it is paid. Despite these changes, a requirement that remains is that the court makes findings concerning the alimony award. This was an issue in the case Weaver v. Weaver, 4D21-1996 (Fla. 4th DCA August 9, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
Permanent alimony no longer exists in Florida, but the primary consideration of need and ability to pay remain the same. The spouse who is asking for alimony to be paid must show a need for it, and there must be a finding that the other spouse has the ability to pay alimony. This was an issue in the case Crouse v. Crouse, 4D22-2070 (Fla. 4th DCA July 26, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
Is permanent alimony appropriate in a moderate term marriage in Florida? There is no presumption for or against permanent alimony currently as it relates to a moderate term marriage. It is worth noting that alimony laws may be changed by the legislature soon. Under current statutes, moderate term marriages are between 7 and 17 years, and permanent alimony can be awarded if appropriate based on clear and convincing evidence. This was an issue in the case Beauchamp v. Beauchamp, 6D23-478 (Fla. 6th DCA June 9, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
Do I qualify for an abatement of alimony? This is a question many may have when they run into financial difficulties due to loss of income or other issues. An abatement means a pause on the obligation. While the money will still eventually be owed, a party does not have to worry about being held in contempt during the period of abatement. This was an issue in the case Vuchinich v. Vuchinich, 2D20-3719 (Fla. 2d DCA May 26, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
When determining a party’s ability to pay alimony, we usually look to the party’s financial affidavit and examine monthly expenses versus monthly net income. If a party has a surplus after paying reasonable monthly expenses, this is an indication of how much that party can afford in paying alimony. This was an issue in the case Hawryluk v. Hawryluk, 5D21-2405 (Fla. 5th DCA May 19, 2023).
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.
