Articles Posted in Alimony

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In Florida divorce actions, the courts may order one party to pay the other alimony. Generally, the courts will not grant alimony unless the evidence demonstrates both that the party seeking support lacks the financial resources to provide for their basic needs and that the party from whom support is sought has the ability to pay. As such, if either party’s financial situation changes, it may necessitate a modification of the alimony award. In a recent Florida ruling issued in a divorce action, the court explained what constitutes adequate grounds for granting a modification request. If you wish to end your marriage, you should confer with a Miami divorce lawyer about how your decision could impact you financially.

Factual and Procedural Background of the Case

It is reported that the parties divorced in 2016. Pursuant to the final judgment of divorce, the husband had an obligation to pay durational alimony to the wife. In 2018, the husband sought a modification of the alimony award based on a change in his income, and the court granted his request. His income fluctuated at that time, though, and the evidence suggested different amounts.

Allegedly, in 2020, the husband lost his job and obtained another position with a lower salary. He then filed a second petition for alimony modification, claiming a substantial change in circumstances due to the reduction in his income. The wife argued that his income was lower than he reported and that the reduction was not substantial enough to warrant a modification. The court denied the husband’s petition, and he appealed. Continue reading ›

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Florida law permits parties to seek alimony in divorce actions. The courts will only grant alimony if they deem it necessary under the circumstances. In other words, the courts must typically find that the divorce will cause a party to suffer financial hardship in order to grant them alimony. Thus, if circumstances change, it may warrant a reduction or elimination of an alimony award, like when a party receives financial support from someone with whom they are romantically involved. Recently, a Florida court discussed what constitutes a supportive relationship in a matter in which it reversed a trial court ruling denying a husband’s request to modify alimony. If you need assistance protecting your interests in a divorce action, it is smart to meet with a Miami divorce attorney as soon as possible.

The History of the Case

It is reported that the husband and wife married in 1975; 20 years later, they divorced. Pursuant to the final judgment of dissolution, the husband was required to make permanent alimony payments to the wife on a weekly basis. The husband petitioned the court for an alimony modification in 2020, arguing that the wife was in a supportive relationship and no longer required alimony.

Allegedly, the trial court held a bench trial on the petition. During the trial, evidence was produced showing that the wife had been living with her boyfriend for fourteen years and had jointly purchased a home with him. Although they did not share bank accounts, they did share expenses. The trial court still found that the wife was not in a supportive relationship and needed alimony, however, and that the husband could pay and, therefore, denied the husband’s petition. The husband appealed. Continue reading ›

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It is within the authority of the Florida courts not only to award alimony in divorce actions but also to modify existing alimony orders. In either scenario, however, the court must set forth certain factual findings; otherwise, any order issued may be subject to reversal. This was illustrated in a recent Florida action in which the wife successfully appealed an alimony modification due to the court’s failure to set forth required statutory findings. If you have questions about alimony, it is smart to talk to an attorney promptly.

Facts of the Case

It is reported that the parties divorced. They entered into a Marital Settlement Agreement in 2007; at that time, the husband was 51 years old. The agreement stated, in part, that the husband would pay alimony to the wife and that the monthly payments, which were subject to an annual adjustment in accordance with the Consumer Price Index, were otherwise not modifiable until the husband turned 60. Between the ages of 60 and 65, the husband could seek a modification for a material, substantial, unanticipated, and permanent change in financial circumstances. The husband sought a modification when he was 62. The court granted the husband’s request and reduced his monthly alimony obligation by over half. The wife appealed.

Required Statutory Findings in Florida Alimony Actions

On appeal, the wife argued that the trial court failed to make the statutory findings required for modifying alimony, the trial court improperly imputed income to her, there was insufficient evidence to show she experienced a substantial and material change in financial circumstances, and the modification was inequitable.   Continue reading ›

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It is not uncommon for the Florida courts to order one party to pay the other alimony in divorce actions. Unfortunately, parties do not always abide by the court’s orders, and legal action must be taken by the courts to compel compliance. For example, the courts may impose equitable liens against the obligor’s account. As shown in a recent Florida ruling issued in a divorce action, though, the courts must abide by certain procedural rules when imposing such liens; otherwise, they may be vacated. If you intend to end your marriage and want to learn more about how divorce may impact you financially, it is prudent to consult an attorney as soon as possible.

Procedural History of the Case

It is reported that the parties entered into an Amended Mediated Settlement Agreement in March 2014. Among other things, it stated that the husband agreed to pay permanent alimony to the Wife equal to one-third of his gross income from employment or any other source of earned income. The husband failed to pay the full amount of alimony due, and the wife filed a motion for contempt and enforcement. Following a hearing, the court imposed an equitable lien on the husband’s retirement accounts to secure the payment of alimony arrearages. The husband appealed.

Procedure for Imposing an Equitable Lien in Family Law Matters

On appeal, the husband argued that the trial court imposed the equitable lien without notice or discussion and erred by issuing the lien without finding the special circumstances required for imposing an equitable lien. The court agreed with the husband, noting that Florida case law requires the trial court to set forth specific findings of special circumstances before imposing an equitable lien to protect payment of alimony. Continue reading ›

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In many marriages, one spouse will earn a far greater income than the other. If a couple with disparate incomes subsequently divorces, the lesser-earning party will often request spousal support. In determining whether to grant such support, the courts will assess not only the requesting party’s need but also the responding party’s ability to pay. Once a court issues an order directing a party to pay alimony, it generally is not subject to modification absent evidence of a material and enduring change in circumstances. The change must be involuntary as well, as discussed in a recent Florida case in which the court denied the husband’s request for modification of a permanent spousal support obligation. If you or your spouse intend to end your marriage and you want to learn more about the economic impact of the decision, it is in your best interest to speak with a Miami divorce attorney.

Factual and Procedural History of the Case

It is alleged that the husband and the wife were married for twenty-eight years before divorcing in 2014. During the divorce action, the parties agreed that the husband would pay the wife permanent spousal support in the amount of $1,000 each month. When they made the agreement, the husband worked as a mechanical millwright.

Reportedly, six years after the divorce, the husband left his job. He then filed a petition to modify or terminate his spousal support obligation on the grounds that he developed a disability and could not perform his job requirements, causing a significant decrease in pay. The court held a hearing after which it determined that the husband failed to prove he had a disability and that his decision not to work was voluntary and would not support a request for a modification. The husband appealed. Continue reading ›

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In Florida, parties have the right to seek alimony in divorce actions. The courts will only award alimony if it is warranted under the circumstances, however. Further, the courts may amend an alimony award if the circumstances that merited alimony change. Recently, a Florida court examined whether a temporary change in employment constituted a change that warranted a reduction in alimony, ultimately ruling that it did not. If you have questions about your alimony and property rights in a Florida divorce, it is wise to talk to a knowledgeable Miami divorce lawyer.

Factual and Procedural Background of the Case

It is alleged that the parties were married for twenty years. In 2013, they divorced. The trial court entered a final dissolution of the marriage that incorporated the parties’ mediated agreement. Under the terms of the agreement, the husband agreed to pay the wife permanent alimony in the amount of $13,500 each month.

It is reported that in 2020, the husband sought a modification of alimony. He asserted several grounds in support of his request, including the wife’s reported increase in earning ability. During a hearing on the matter, testimony was offered indicating that during 2020 and 2021, the wife obtained temporary part-time employment, during which she earned approximately $20 per hour and worked five to ten hours per week. Her employment ended shortly before the hearing. The trial court granted the request, and the wife appealed. Continue reading ›

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While courts typically conducted family law hearings in person prior to 2020, since the COVID-19 pandemic, many proceedings have been held via video-teleconferencing. Regardless of whether hearings are conducted in person or over the internet, parties impacted by such hearings have certain rights, and if the court violates their rights, any rulings issued during the proceeding may be reversed. This was demonstrated recently in a Florida opinion issued in a divorce case in which the court ruled that the trial court infringed on the wife’s due process rights by ruling on matters in her absence. If you or your spouse wish to end your marriage, it is important to understand your rights and obligations, and you should talk to a Miami divorce attorney promptly.

Facts of the Case

It is reported that the husband and wife married in 2002 and had two minor children. They subsequently divorced, and in 2016, the trial court entered a final judgment dissolving their marriage. The trial court also appointed a parenting coordinator and guardian ad litem to help resolve other issues. The parties later filed multiple post-dissolution motions, seeking enforcement of the final judgment, contempt, and psychological evaluations.

Allegedly, the court scheduled a hearing for June 2021 to address certain financial issues. The court conducted the hearing over Zoom and, prior to commencing, confirmed it would only cover the issues previously indicated. The trial court stated it was going to order the wife to pay her share of the children’s tuition, after which she logged off. She logged back on ten minutes later, only to log off again when the court restated its intent. The court later ordered the wife to pay the husband the cost of the parenting coordinator’s fees in the wife’s absence. The wife appealed. Continue reading ›

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It is a common practice for the Florida courts to issue orders in family law cases that impose obligations to pay child support or alimony. Additionally, to ensure that such obligations are upheld, the courts must issue a separate income withholding order. Recently, a Florida court discussed income withholding orders in a matter in which the wife objected to the trial court vacating an existing income withholding order. If you have questions concerning alimony, it is wise to confer with a dedicated Miami divorce attorney as soon as possible.

Facts of the Underlying Case

It is reported that the wife and husband divorced, and the court ordered the husband to pay alimony. In 2021, the husband moved for a modification of his obligation. The court granted the husband’s motion and issued an amended income withholding order. The wife appealed the trial court’s ruling, arguing that it erred by issuing the order without notice or granting her an opportunity to be heard. As the appeal was pending, the trial court vacated the income withholding order but did not enter a new order. The wife asserted that this was improper under Florida law as well. The husband did not pay any alimony during the pendency of the appeal.

Income Withholding Orders in Florida Family Law Cases

The court noted that the wife’s reasoning was correct and remanded the matter to the trial court, directing it to enter a new income withholding order. In its opinion, the court noted that the trial court was mandated to do so by Florida Statutes. Specifically, the law dictates that when entering an order establishing, modifying, or enforcing an obligation for child support, alimony, or both, unless the order is temporary, the court must enter a separate order for income withholding unless one has already been entered. Continue reading ›

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Divorce can leave one party in a precarious financial situation. In many divorces, then, a person will seek alimony from their spouse. In evaluating whether alimony is warranted, the courts will look at not only if the party seeking alimony can demonstrate their need but also if the other party has the ability to pay. If either party’s economic circumstances change after a court enters an order granting alimony, the court may grant a modification. Recently, a Florida court discussed the factors considered in determining whether to terminate alimony in a case in which it upheld the trial court’s ruling. If you are considering ending your marriage and want to learn more about alimony, it is smart to meet with an experienced Miami divorce attorney.

Background of the Case

It is reported that the husband and wife divorced in 2008. Their marital settlement agreement was incorporated into the final judgment of divorce. Among other things, the agreement dictated that the husband was to pay the wife $3,000 in alimony per month until the wife remarried, the husband reached the age of 65, or either party died. It stated that the obligation could be modified, but an increase in the wife’s income did not constitute grounds for a modification.

Allegedly, the husband filed a petition for modification in 2016 after he lost his job. The wife filed a motion for enforcement and contempt, as the husband had ceased paying alimony when he was terminated. There was no activity in the case until 2019, when the wife filed a second motion. The husband then filed a second petition for modification or termination. The case proceeded to trial, after which the court found that the husband had demonstrated a substantial and material change in circumstances and suspended his obligation until his ability to pay was restored. The wife then appealed. Continue reading ›

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There are different types of alimony the Florida courts can award in divorce proceedings, including permanent alimony. Permanent alimony is not as permanent as the name suggests but can be adjusted if a court finds that a modification is warranted. The court will only grant a modification if there is evidence that it is necessary due to a change in circumstances that is both material and substantial, however, as demonstrated in a recent Florida case. If you have questions regarding alimony or the financial ramifications of divorce, it is smart to confer with a knowledgeable Miami divorce attorney as soon as possible.

The Facts of the Case

It is reported that the wife filed a petition to modify the periodic payment of permanent alimony awarded to the husband via a marital settlement agreement that was adopted by the trial court as part of the parties’ divorce judgment. Specifically, she requested that the court impute income to the husband based on the fact that he was eligible to receive Social Security benefits, even though he had not applied for such benefits. The court denied her petition, finding that she failed to adequately prove that there had been a material and substantial change in either her or the husband’s circumstances that warranted a modification. The wife then appealed.

Grounds for Modifying Alimony Awards

On appeal, the court affirmed the trial court ruling. In doing so, it stated that pursuant to established case law, a trial court cannot impute the value of Social Security benefits that a person is eligible to receive but has not yet applied for as income to a person if they offer evidence showing that their decision to defer the benefits is merely a prudent investment strategy, as their benefits will increase if they do not take them until a later date. Continue reading ›