Articles Posted in Alimony

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When a client meets with their Broward divorce lawyer, nine times out of ten they will ask if they will have to pay alimony or if they will receive alimony. Effective July 1, 2010, there will be significant revisions to Florida law governing alimony. The amendments apply to all initial awards and modifications of these awards entered prior to July 1, 2010. However, the statutory amendments will not serve as a basis to modify alimony awards or change the amount or length of alimony awards entered before July 1, 2010.

The Florida marital and family court will now consider three additional statutory factors when awarding alimony. First, the court will consider each party’s responsibilities for children of the marriage. Next, the court will consider the tax consequence of the alimony award and whether all or a portion of the award should be nontaxable and nondeductible. Finally, your Fort Lauderdale divorce lawyer will now have the ability of presenting evidence of all sources of income available to either party from investments and assets.

Another significant change to Florida’s alimony law are the statutory presumptions regarding length of marriages which will help the court determine which type of alimony is the most appropriate. A short term marriage is now considered a marriage that is less than 7 years. A moderate term marriage is a marriage greater than seven years but less than 17 years. Last but not least, a long term marriage is a marriage that is in excess of seven years.

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In Purrinos v Purrinos, the wife appealed the decision of the Miami-Dade divorce court that failed to award her any type of alimony. The parties were married for 16 years. At the time of the dissolution of marriage action, the husband and wife has three young children. The only marital asset was the marital residence. While both parties were employed during the marriage, the husband earned more than the wife. At the trial, the husband testified that he was involuntarily and temporarily employed. However, he expected to find a new job in the future.

In reversing the decision of the divorce court, the Third District Court of Appeal held that the trial court abused its discretion in failing to award the Wife alimony. The court reasoned that while an alimony award was inappropriate at the time of trial because of the husband’s inability to pay at that time, he may possess the ability to pay alimony in the future. Accordingly, the case was remanded to the trial court with instructions to award the wife a nominal amount of permanent periodic alimony.

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In Greenwald v Greenwald, the husband and wife were married on May 18, 2004. Fourteen months later, the parties filed for divorce in Miami-Dade. In support of her claim for permanent alimony, the wife claimed that the husband induced her to quit her job were she earned $100,00 per year. At trial, e-mail evidence proved that this claim was false since the wife wanted to quit her job prior to the marriage.

While the wife’s request for permanent periodic alimony was denied, Judge Scott Bernstein awarded her $65,000 in attorney’s fees and costs to be paid by the husband. In reversing the trial court’s award of attorney’s fees and costs to the wife, the Third District Court of Appeal held that the Miami divorce court should have denied the wife’s request for attorney’s fees and costs. The court reasoned that the wife made a claim for permanent alimony in a short-term marriage which is rarely successful, the case went to trial on the permanent alimony issue, the basis of the claim was false and the wife turned down a favorable opportunity to settle the alimony matter before trial in a lump sum payment of $36,000.

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Over the past couple years, the concept of alimony has changed and evolved as a result of recent appellate decisions in Florida. Many women who hire an attorney and file for divorce in Fort Lauderdale are now employed, self supporting and earning comparable pay as to their husband. In addition, the average length of a marriage has decreased. Accordingly, the amount of cases in which Broward divorce lawyers have permanent alimony awarded to their client has decreased. Also, the amount and duration of alimony has also been reduced.

The Florida legislature amended Florida Statute 61.14 to permit a payor spouse to seek to reduce or eliminate his or her alimony obligation when their former spouse is in a supportive relationship while remaining unmarried. The court will look at many different factors such as how long the recipient has resided with another person, whether they have pooled their assets or income and the extent to which the recipient has supported the other and whether or not they have jointly acquired any assets or property.

Alimony is based upon the need of one spouse for alimony and the other spouse’s ability to pay. However, the days of focusing on the standard of living that the parties have been accustomed to during the course of the intact marriage is not as significant. In the past, a divorce attorney in Broward would hire a forensic accountant to perform a lifestyle analysis. The forensic accountant would analyze tax returns, bank statements, check registers and credit card statements to ascertain a spouse’s needs, the other spouse’s ability to pay and the historical spending during the marriage. However, gone are the days that a spouse receives alimony which comprises of all of the luxuries accustomed to during the marriage including, but not limited to, spa visits, country club memberships, vacations and clothing allowances.

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During a Broward divorce, your Fort Lauderdale divorce lawyer may request that you be awarded alimony. A Florida marital and family court can award you bridge-the-gap, temporary, lump sum, rehabilitative or permanent periodic alimony. However, after the conclusion of your Broward divorce case, one spouse may have their Broward child support, child custody and divorce attorney ask the judge to reduce or terminate the alimony because of a statutorily created supportive relationship.

In determining whether an existing award of alimony should be reduced or terminated because of an alleged supportive relationship between an obligee and a person who is not related by consanguinity or affinity and with whom the obligee resides, the court shall elicit the nature and extent of the relationship in question. The court shall give consideration, without limitation, to circumstances, including, but not limited to, the following, in determining the relationship of an obligee to another person: the extent to which the obligee and the other person have held themselves out as a married couple by engaging in conduct such as using the same last name, using a common mailing address, referring to each other in terms such as “my husband” or “my wife,” or otherwise conducting themselves in a manner that evidences a permanent supportive relationship; the period of time that the obligee has resided with the other person in a permanent place of abode; the extent to which the obligee and the other person have pooled their assets or income or otherwise exhibited financial interdependence; the extent to which the obligee or the other person has supported the other, in whole or in part; the extent to which the obligee or the other person has performed valuable services for the other; the extent to which the obligee or the other person has performed valuable services for the other’s company or employer; whether the obligee and the other person have worked together to create or enhance anything of value; whether the obligee and the other person have jointly contributed to the purchase of any real or personal property; evidence in support of a claim that the obligee and the other person have an express agreement regarding property sharing or support; evidence in support of a claim that the obligee and the other person have an implied agreement regarding property sharing or support and whether the obligee and the other person have provided support to the children of one another, regardless of any legal duty to do so.

In Baumann v Baumann, the Second District Court of Appeal reversed the decision of a Florida divorce court that reduced the former husband’s alimony obligation to the Former Wife. The former husband was required to pay the former wife $1800 per month in permanent periodic alimony. In 2007, the former husband petitioned the Florida marital and family law court to reduce or terminate his alimony obligation since the Former Wife was involved in a supportive relationship.

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When you meet with your Broward divorce lawyer, he or she will explain to you that there is a four point analysis for the marital and family law judge to award alimony. First, the starting point is to determine the need of one spouse and the ability to pay of the other spouse. Next, it is important to determine how long you will need alimony and what type of alimony you should request. Divorce attorneys in Fort Lauderdale will explain to you the differences between permanent periodic, rehabilitative, bridge the gap, lump sum, temporary and nominal alimony. Next, the recipient spouse must have a need for alimony based upon the standard of living established during the marriage in order for the Broward marital and family law judge to determine the amount of alimony that should be awarded. Finally, the court must consider and make findings of fact relative to the factors enumerated in Florida Statute, 61.08 in awarding or denying alimony. For the purposes of this blog, I will discuss bridge the gap alimony.

Bride the gap alimony is typically awarded during a Broward divorce to fulfill a specific and limited purpose of meeting short term financial difficulties as a result of the transition from married to single life. Unlike rehabilitative alimony, bride the gap alimony is for a shorter duration of time. Your Fort Lauderdale divorce lawyer will explain to you that bridge the gap alimony is typically awarded during a short term marriage of one to three years. However, there are no presumptions for or against this type of alimony.

There is no direct reference to bridge the gap alimony under Chapter 61, Florida Statutes. Rather, this form of alimony is recognized in many of the appellate districts in Florida. In the First, Third and Fourth districts, bridge the gap alimony is fully modifiable short term periodic payments. On the other hand, in the Second district, bridge the gap alimony is considered lump sum alimony payable in installments, is non-modifiable and generally does not terminate upon death or remmarriage.

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In Vigo v. Vigo, the Florida marital and family law court awarded the wife permanent periodic alimony in the amount of $5,500 per month. The Third District Court of Appeals, located south of Broward County, reversed the Florida Divorce Judge Maxine Cohen Lando’s decision to award the wife permanent periodic alimony because under Florida law, the wife is not a candidate for permanent periodic alimony.

Permanent periodic alimony is generally reserved for long term marriages, or for marriages where a major inequity is created by the dissolution. This type of alimony is used to maintain the lifestyle that the parties were accustomed to during the duration of the marriage. When determining whether permanent periodic alimony is appropriate, the court also considers the need of the party requesting alimony and the ability of the party who is obligated to pay.

In this case, need turned on whether the Wife would be able to work after the divorce. During the seven and one half year marriage, the Wife worked for three and a half years as a housekeeper and for one year operating her own used car business. In 2005, when she stopped working, the Husband supported her. The evidence on record reflected that the Wife had “serious chronic health problems;” however, the appellate court found that she lived a rather active lifestyle, attending church for three hours at a time, shopping, taking her dog to the park for two hours a day, and visiting the beauty salon. The appellate court found that her ailments would not prevent her from obtaining a sedentary job.

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What happens if the Fort Lauderdale divorce judge has ordered you to make alimony or child support payments and you no longer can pay the amount? Do not neglect your payment obligation. Go back to the Broward County divorce court and file a petition for a downward modification of your child support and/or alimony. Whether you are paying child support or temporary, rehabilitative or permanent alimony, if you stop making payments, the marital and family law judge in Fort Lauderdale may hold you in contempt of court which means you could end up behind bars at the Broward County jail.

With the economy the way it is today, a number of spouses are finding it exceedingly difficult to make their payments. If you are the payor spouse and you are making less money than you were at the time of your support determination, you may have legal grounds to petition the court for a downward modification. If you are the receiving spouse it is wise to draft a new agreement with your ex detailing the percentage of downward modification and the length of time this modification will be in effect. Both parties should consult their attorneys and come up with a modification agreement so that the children and the parents are financially stable.

The statutory grounds for modification of alimony are found in section 61.14(1) of the Florida Statutes. When the parties enter into an agreement or the court orders alimony payments, and sometime later the financial ability or the circumstances change then either spouse may request the court for modification of alimony or child support payments. The party who petitions for a change in alimony must show that a substantial change has occurred. Showing a reduction in the payor’s income alone will not justify modification. The change must be involuntary and there must be no other funds in the payor spouse’s possession that could be used to keep current with the alimony obligation

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In Bengisu v. Bengisu, the Fourth District Court of Appeals reversed and remanded a Florida divorce court’s decision awarding the Wife temporary child support and alimony. The Wife filed a petition for dissolution of marriage with two minor children in the Florida divorce Court. Subsequent to filing for dissolution of marriage, the Wife also filed a motion seeking temporary child support and alimony. The Broward County divorce court awarded the Wife temporary support in the amount of $5,500 per month, and the Husband appealed.

At a hearing on the motion for temporary child support and alimony, the court looked at the parties’ financial affidavits as well as heard their direct testimony. The Wife’s financial affidavit listed that she was unemployed, had monthly expenses of $11,898.00 and a net worth of $744,123.00. The Husband’s financial affidavit listed he was a lawyer employed as a solo practitioner, that he had a net monthly income of $2,585.00, total monthly expenses of $4,886.58 and a monthly deficit of $2,720.29. He listed a net worth of $322,230.00.

In her direct testimony, the Wife told the court that the household expenses were $12,600 per month, that her Husband was responsible for all of the bills and that throughout the marriage the couple accrued no debt to pay their monthly expenses. Additionally, the Wife explained that her Husband left his solo practice to work for a law firm for four months leading up to the divorce and, while there, his salary was $85,000. Additionally, the Wife’s accountant testified that based on the financials she needed $5,500.00 per month during the pendency of the divorce and that he believed the Husband’s tax returns did not accurately reflect the Husband’s real income. The Husband testified that the reason the couple did not have any debt was because his parents had helped pay for their household expenses, but were no longer in a position to continue to provide this assistance. At the conclusion of the hearing the trial court awarded the Wife $5,500 per month in temporary support.

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Prior to filing for your divorce in Broward County, Florida, your divorce lawyer may want to hire a private investigator to catch your spouse cheating on you. If it is discovered that your spouse has cheated on you, this is a factor that the Fort Lauderdale divorce court may consider in awarding your alimony. However, hiring a private investigator to help your divorce lawyer find out if your spouse is cheating on you at a restaurant or hotel in Hollywood, Weston, Pembroke Pines or Cooper City, Florida with a paramour may become expensive.

GPS, or global position system tracking, is a useful tool that may be used to catch your spouse cheating. GPS systems cost less than $1,000.00 for certain models. During your dissolution of marriage case, a party that owns a car can may be able to conceal a GPS system in a glove compartment or other hiding place legally.

Electronic toll information has now become a thing of the past because of the fact that GPS information is more detailed. Last year, 88 percent of divorce lawyer reported an increase in using electronic information such as GPS and toll-pass date and computer records.