Articles Posted in Alimony

It is not uncommon in Florida divorce actions for one party to agree to pay the other alimony. Such payments may be conditional, however. For example, a support agreement may stipulate that if the party receiving alimony enters into a supportive relationship, there may be grounds for terminating alimony. The court must conduct a certain analysis, however, to determine whether a party is in a supportive relationship, as explained in a recent Florida divorce ruling. If you want to end your marriage, it is in your best interest to talk to a Miami divorce attorney about how the decision may impact you financially.

Factual and Procedural Background

It is reported that the parties married in 1995 and ended their marriage in 2013 via a final judgment of dissolution of marriage. The judgment incorporated a Mediated Settlement Agreement (MSA) that mandated the husband’s payment of specified durational alimony to the wife until June 2023. Paragraph 12(d) of the MSA allowed modification or termination of alimony if the wife entered a “supportive relationship” or cohabitated, as defined by Florida Statutes.

Allegedly, in April 2021, the husband filed a petition to modify or terminate alimony, citing paragraph 12(d) and alleging that the wife had a supportive relationship with a man. An evidentiary hearing ensued, after which the trial court terminated the wife’s alimony. The wife then appealed. Continue reading ›

Florida law permits the courts to grant alimony in certain divorce actions. Alimony awards are based, in part, on the party’s income, assets, and needs. As such, if a party’s financial status changes after the court issues an order granting alimony, the party may seek a modification. As discussed in a recent Florida ruling, modifications will only be granted in certain scenarios, and if a court denies a request for a modification, it does not have to set forth factual findings in support of its ruling. If you want to learn more about your rights with regard to alimony, it is smart to talk to a Miami divorce lawyer.

History of the Case

It is alleged that the husband and the wife divorced in 2003 after a marriage that lasted over 22 years. The Final Judgment of Dissolution of Marriage incorporated the parties’ marital settlement agreement, which required the husband to pay the wife permanent periodic alimony of $750 bi-weekly. More than fourteen years after the divorce, the husband filed an Amended Supplemental Petition to eliminate or reduce the alimony payments.

Reportedly, during the trial on the husband’s petition, he abandoned his claim that his ability to pay alimony had diminished. Instead, he sought a reduction because the wife’s income had increased. The husband acknowledged income earned as a full-time college professor and his pension. In contrast, the wife testified that her standard of living had declined significantly, stating she was driving a 21-year-old car, residing with her adult daughter, and struggling to make ends meet. The court denied the husband’s petition, and he appealed. Continue reading ›

Alimony plays a crucial role in many Florida divorces in that it helps lesser-earning parties maintain financial stability after their marriage ends. Merely because a party requests alimony does not mean that it should be granted, however, and even if a court finds that alimony is appropriate, it must comply with statutory guidelines when issuing a support award. In a recent Florida opinion, the court discussed the analysis a court must conduct before issuing an alimony award in a matter in which it ultimately vacated the lower court’s order. If you intend to seek a divorce, it is important to understand how ending your marriage may impact you financially, and you should speak to a Miami divorce attorney.

History of the Case

It is alleged that the parties divorced. In the final judgment of dissolution of marriage, the trial court ordered the husband to pay alimony to the wife. The husband appealed, arguing that the trial court made numerous errors during the process of determining alimony.

Findings Required Prior to Awarding Alimony

The primary issues on appeal were whether the trial court erred in failing to set forth specific findings relating to the parties’ net incomes and in relying on gross income instead of net income for alimony calculations. Continue reading ›

Florida law permits parties to submit proposed orders in family law proceedings. The courts rarely adopt such orders as is, however, but instead will exercise their own judgment as to what constitutes an appropriate ruling. If a court does adopt a proposed order verbatim, it must demonstrate that it exercised independent judgment in doing so. Otherwise, the order may be vacated, as demonstrated in a recent ruling issued in a Florida divorce action. If you intend to end your marriage, it is wise to talk to a Miami divorce lawyer about your options.

Procedural Background

It is reported that the parties divorced. After the trial court entered a final judgment, the mother moved for child support determination and retroactive support. The trial court requested the parties to submit proposed orders, and it ultimately adopted the father’s proposed order verbatim. The mother argues that the court’s adoption of the father’s order without independent decision-making constituted an error.

Verbatim Adoption of Proposed Orders in Family Law Cases

On appeal, the court noted that the lack of a transcript from the evidentiary hearing complicated its review. It stated, however, that both parties agreed that the trial court did not announce its ruling and requested proposed orders from them. The order entered by the court matched the father’s submission, including conflicting paragraphs. The court signed the order just one business day after receiving the father’s proposed order, leaving no apparent opportunity for the mother to raise objections before the court’s decision. Continue reading ›

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 ›

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 ›

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 ›

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 ›

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 ›