One of the more frustrating turns of events for individuals ordered to pay alimony is the discovery that the ex-spouse to whom they are making support payments has moved in with a boyfriend or girlfriend. In some situations, your ex-spouse’s decision to cohabitate with another person may be valid grounds…
A North Florida trial court’s decision to award an ex-wife only enough alimony to cover her insurance expenses was recently thrown out by the 1st District Court of Appeal as not proper under the requirements of the Florida Statutes. In this wife’s case, failing to award enough alimony to cover…
An ex-husband who failed to make payments to his ex-wife, even though he was financially able, was nevertheless able to escape being slammed with contempt of court. The 5th District Court of Appeal overturned a trial court decision that found the man in contempt, ruling that the payments were part of…
A Central Florida wife will receive a second chance to make her case for an award of alimony, thanks to a recent decision issued by the 5th District Court of Appeal. The appeals court threw out an Osceola County trial court ruling that had given the wife zero alimony. One…
A husband from the Gainesville area succeeded in appealing a divorce judgment entered by a trial court in Hillsborough County. The 2d District Court of Appeal ruled that the only criterion for determining venue that applied to the couple’s case was the residence of the husband. Since he undisputedly lived in…
A wife fighting to avoid using her alimony to pay a lien imposed by her former divorce lawyer must return to a Broward County trial court to continue litigating the matter. The 4th District Court of Appeal concluded that whether or not the attorney’s lien was enforceable against the wife’s…
A recent 1st District Court of Appeal ruling provides insight upon all the analysis that must go into an a award of attorneys’ fees in a dissolution of marriage case. Awarding fees and costs requires finding that one spouse has a need for such an award, and the other spouse…
An important new Florida Supreme Court decision helps clarify the applicability of waivers in prenuptial agreements. The court concluded that, if a prenuptial agreement’s terms made it clear that a spouse was waiving and releasing all rights and claims to the other spouse’s separate property, that waiver included the increase…
Creating an equitable distribution between divorcing spouses can often be complex. This can be especially so when one or both spouses hold nonmarital assets that are subject to mortgages and use marital assets to make the mortgage payments on those properties. In the case of one Southwest Florida couple, the…
In many divorce cases, assets are often declared to be marital property unless one spouse kept an asset completely separate. However, in one recent case, the 4th District Court of Appeal declared a couple’s home in Loxahatchee to be the husband’s separate property, even though the couple used their pooled…