Miami family law attorney blog
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Alimony
Posted by Nydia Streets of Streets Law in Florida Alimony
Recently, a Florida appellate court issued an opinion which will no doubt have an impact on modifying alimony in Florida. The case Gelber v. Brydger, 4D17-295 (Fla. 4th DCA 2018) explored the issue of what can be considered an unanticipated change in circumstances in modifying alimony.
Posted by Nydia Streets of Streets Law in Alimony
When a spouse commits adultery, how does that affect Florida alimony? Generally, in order for a court to take adultery into consideration in a Florida divorce case, there has to be some financial connection to the marriage. For example, if a spouse spent money on furthering an affair, the other spouse may be entitled to a credit for the money spent. Alimony, however, is affected by an extramarital affair in a different way.
Posted by Nydia Streets of Streets Law in Alimony
Can a court reduce a Florida alimony obligation when the alimony recipient voluntarily reduces his or her expenses? This question was asked in the case Regan v. Regan, 217 So.3d 91 (Fla. 4th DCA 2017) where the court considered an appeal of a final judgment that granted the former husband's request to modify alimony.
Posted by Nydia Streets of Streets Law in Alimony
Before a Miami divorce court can determine whether alimony is warranted in a Florida divorce case, the court must set aside to each spouse his/her share of the marital estate and his/her separate assets and liabilities. After this, the court can determine the need of the spouse asking for the alimony and the ability of the other spouse to pay it since some assets may generate income that can cut down on a spouse's need for alimony.
Posted by Nydia Streets of Streets Law in Alimony
Temporary alimony can be awarded while a Florida dissolution of marriage case is pending. The same analysis applies to temporary alimony awards as in the case of alimony awarded in a final judgment - the court must find there is a need for support and that the other spouse has the ability to pay it. Do anticipated expenses count as "need" for the spouse asking for expenses? We find out in the appellate case Ard v. Ard, 208 So.3d 1288 (Fla. 1st DCA 2017).
Posted by Nydia Streets of Streets Law in Alimony
Awarding alimony requires fact-specific analysis. Failure to follow the Florida Statutes regarding what should be considered in awarding alimony can make an order awarding alimony susceptible to appeal. Such was the situation in the appellate case Jimenez v. Jimenez, 211 So.3d 76 (Fla. 4th DCA 2017).
Posted by Nydia Streets of Streets Law in Alimony
What happens when a court awards the marital home as lump sum alimony and the husband appeals? We find out in the case Gardiner v. Gardiner, 207 So.3d 987 (Fla. 2d DCA 2016).
Posted by Nydia Streets of Streets Law in Alimony
After a divorce it is common and expected that the spouses will move on to new relationships. If alimony was ordered as part of the divorce, it is important to understand how that alimony may be affected by the fact that the ex-spouse receiving alimony is living with someone else.
Posted by Nydia Streets of Streets Law in Alimony
Getting alimony awarded in a Miami divorce is a victory that may be for naught if no life insurance secures the award. You can ask the court to have the spouse ordered to pay alimony obtain a life insurance policy, but there are strict guidelines that must be followed in order for this request to be enforceable.
Posted by Nydia Streets of Streets Law in Alimony
In some cases, a party is not ready to file for divorce, or has no intention to divorce, but wants to ensure that he or she is receiving adequate financial support from his or her spouse. This is what alimony or child support unconnected to dissolution of marriage is for.
Posted by Nydia Streets of Streets Law in Alimony
There are currently four types of alimony awarded in a Florida divorce: bridge-the-gap, rehabilitative, durational and permanent. The type of alimony awarded is based in part on the length of the marriage; a marriage is considered short-term if it’s less than 7 years, moderate if between 7 and 17 years and long-term if 17 years or greater. Each type of alimony carries certain requirements to be awarded and to be given consideration in a Florida divorce.
Posted by Nydia Streets of Streets Law in Alimony
When a marriage ends due to a cheating spouse, many wonder whether the adultery will affect how much alimony they receive or pay. As with most questions about the law, the answer is “It depends”.
