When you make a claim for alimony, there are multiple hurdles you’ll need to clear. You’ll need to prove that you have a financial need. You’ll need to prove that your ex-spouse has the ability to pay. You may also have to overcome arguments from your ex-spouse that seek to…
In your alimony or child support case, there can be many components that go into calculating the appropriate amount of support owed. Part of making that calculation is ensuring that only a supporting spouse (or parent)’s regular and continuous income is factored into the determination. Whether or not you are…
When you, as a spouse who owes an obligation of alimony, experience a substantial chance in your income, the law may provide you with certain avenues to obtaining a reduction in, or the elimination of, your alimony payments. In many situations, that change may even apply retroactively to some date…
The law gives parties wide latitude in how they structure the terms of their contractual agreements. The same is generally true when it comes to spouses and the terms of their prenuptial agreements. For example, one Florida couple entered into a prenuptial agreement that waived all rights to future alimony…
A well-worn catch-phrase opines that “timing is everything.” In the law, timing isn’t necessarily everything, but sometimes it can be the only thing that matters. Failing to follow precisely the rules of procedure and the time limits they impose upon you can have dire consequences. A South Florida case involving a…
An ex-wife secured an important victory in the Fourth District Court of Appeal, with that court ruling that she could pursue the ex-husband’s insurance assets and homestead property if she could establish that the ex-husband engaged in fraud. The ruling was a significant one in that it rejected the notion…
Marriage equality for same-sex couples has existed in Florida for two years, ever since the U.S. Supreme Court’s Obergefell v. Hodges decision. The first state to recognize same-sex marriage was Massachusetts, and it did so just over a decade ago. Same-sex couples in committed relationships have existed for much longer…
Divorces can often be stressful times for the spouses involved. The pain and stress, in some circumstances, may motivate some divorcing spouses to try to achieve as swift a resolution to the case as possible. While that can be an understandable motivation, it is important not to agree to just…
Sometimes, there can be varying degrees of success in a court case. In certain situations, you may win a ruling that gives you your “day in court,” but that may not necessarily mean that the path you took to get to that point was the best one. In a recent…
A pair of errors by a trial court allowed a husband to win his appeal before the Second District Court of Appeal recently. The lower court’s failure to include in its equitable distribution a loan taken out for the purpose of funding the couple’s child’s education was erroneous, as was…