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Articles Posted in Alimony

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Divorce Order Fails Due to Use of ‘Verbatim’ Proposed Order, Complete with Awards Not Requested in Petition

Parties in divorce cases will, in many instances, submit proposed final orders to the trial judge. A recent 5th District Court of Appeal ruling serves as a reminder that, although these submissions are permissible and often helpful to trial judges, courts should be hesitant to adopt them in their entirety…

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Marital Settlement Agreement Puts Husband on Hook for Permanent Alimony, Even After Wife Remarries

There are many reasons a divorcing spouse might sign off on a marital settlement agreement when one or more terms are less favorable than what that spouse would receive if the agreement followed the Florida Statutes. Whatever the reasons, a person in such a situation should be extremely careful when…

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Alimony That Requires Wife to Dip into Assets to Pay Monthly Expenses is Too Low, Appeals Court Says

Alimony can serve as an important lifeline, especially for divorcing spouses who subsist on fixed incomes. A recent 5th District Court of Appeal ruling highlights the basic concept of alimony law in Florida, saying that alimony must be large enough to allow the recipient spouse to meet her living expenses…

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Wife’s Cohabitation Not a Basis for Modification Due to Alimony Agreement’s Narrow Language

A husband’s recent failed attempt to modify his alimony obligation serves as a cautionary tale for all divorcing spouses as they consider signing agreements regarding alimony. The husband sought modification because the wife had been cohabitating with a man for two years. The 4th District Court of Appeal ruled that…

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Wife’s Self-Imposed Unemployment Factors into Alimony Calculation

A recent 4th District Court of Appeal ruling highlighted the complicated issues involved in calculating alimony in a case where the wife, who was previously a successful professional, retired early and did not intend to return to work after the divorce. The appeals court rejected a trial court ruling imputing…

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