In an alimony case, the law gives trial judges a certain amount of discretion in how they structure an obligor spouse’s alimony payments. Even with this discretion, there are limits. For example, an alimony award should not automatically increase at some future date unless there are specific extenuating circumstances that warrant…
Articles Posted in Alimony
Lump-Sum Alimony in Florida
When you think about alimony, you probably think about a court order that obliges one ex-spouse to pay the other ex-spouse a sum of money every month for a certain period of time (or permanently). The law also, however, allows the courts to hand out lump-sum awards of alimony. As…
Florida Wife’s 18-Year Marriage Entitled Her to a Presumption in Favor of Receiving Permanent Alimony
A South Florida doctor’s wife succeeded in obtaining a reversal recently of a trial court order that awarded her only durational rather than permanent alimony. Since the couple was married for 18 years, the wife should have received permanent alimony unless the trial judge made a finding that permanent alimony was inappropriate. The…
The Effects of Adultery on Your Florida Divorce Case
In Florida, the laws regarding divorce have followed a “no-fault” system since 1971. Today, there are only two bases for obtaining a divorce: that the marriage has irretrievably broken down, or that one spouse has been declared mentally incompetent for at least three years. Before that, there were nine bases…
Long-Term Marriages and the Presumption in Favor of Permanent Alimony in Florida
In Florida, if your marriage lasted 17 years or more, and you seek alimony, the law is fairly clear that a legal presumption exists that you should receive permanent alimony. There are various forms of proof that can overcome this presumption, but your young age cannot, by itself, make you…
Regardless of Ability to Pay, Ex-Husband Allowed to Pursue Argument about Ex-Wife’s Need in Florida Alimony Dispute
Going to court can be a lot like athletic or other competitions. In each situation, you want to make sure that you give yourself as many avenues for success as you possibly can. A recent alimony dispute from Palm Beach County demonstrates this well. In this case, the Fourth District Court…
Florida Court’s Failure to Explain How It Chose Dollar Amounts Leads Appeals Court to Throw Out Divorce Order
A lot of divorce cases have multiple distinct but related components. Even if a couple has no minor children in the home, there may be numerous elements to a divorce case, including the distribution of assets and debts, as well as alimony. When a trial court issues an order in…
How Disability Benefits Can Affect a Florida Alimony Case
There are many things that can play a role in the outcome of your Florida alimony case. The court must decide whether your marriage counts as a short, moderate, or long-term marriage. The judge must also determine the paying spouse’s ability to pay and the recipient spouse’s need. Another thing…
Governor’s Veto Kills Florida Alimony Reform Bill
Alimony reform in Florida is dead for at least one year after an April 15 veto of SB 668 by Governor Rick Scott. The veto represents the second time Scott has vetoed a bill that would have updated Florida’s alimony laws. While the most recent bill removed certain retroactivity provisions…
Imputing Income to Your Ex-Spouse in Your Florida Alimony Case
In an alimony case, one of the more important issues you may face is deciding whether or not you or your spouse is voluntarily unemployed or underemployed. This issue was at the center of one South Florida man’s appeal of his divorce judgment. The man successfully persuaded the 4th District…