Articles Posted in Alimony

Florida marriages lasting longer than sixteen (16) years may result in an award of permanent alimony if the spouses decide to divorce. Over recent years the debate of alimony in Florida has been at the forefront of legislative session. The Florida legislature along with special interest groups and the Florida Bar have thrown their hats into the rings of discussion creating some reform with things like new parameters for determining the length of alimony. In the 2013 legislative session a new bill has been proposed that has thus far passed in the Civil Justice Committee and is making its way through the House of Representatives. Its companion, Senate Bill 718 is not ripe for voting yet.

Mainly special interest groups like “Florida Alimony Reform,” who has presented prior bills and led demonstrations at the Florida State Capitol, have headed the proposed changes to alimony. The House Bill 231 makes the following proposed changes to the present Alimony law §61.08, Florida Statutes(2012) are summarized as follows:

1. Revision of factors considered in determining alimony;

The world of, “do it yourself,” has become far easier over the years with the invention of the internet. People now walk into doctors’ offices and tell the doctor what their diagnosis is and what medication to prescribe. The same is true for divorces, wills and the like. In a Florida divorce there can be many moving parts to figure out, for example, whether alimony should be paid; how long it should be paid; who will take what bank accounts and debts; etc. The reality is that dealing with a divorce is similar to a company dissolving and if each item is not accounted for, then the consequences to each party can be expensive and financially devastating.

In a Florida divorce, alimony is based on a number of factors, including but not limited to, length of the marriage, contribution of each spouse to the marriage, the standard of living of the parties, the needs of the requesting spouse (i.e. whether she/he has earning potential), and the ability for a spouse to pay alimony. Understanding these factors can be complicated because instead of looking at a need as a monthly amount we have a tendency to think through our bills and say, “You pay x, y and z bills.” In a divorce involving alimony, having a spouse pay such bills can be a challenge financially to the party receiving the benefit and the party paying. Alimony is income for tax purposes to the receiving party and a deduction for the party paying, not knowing the amount paid can be detrimental to filing taxes correctly.

Also, not knowing how long alimony should last can cause future complications if the parties reach an agreement, without legal help, and agree that the alimony is going to be non-modifiable over time. Non-modifiable alimony actually means that neither party can ask for more money or to pay less money each month. And often, when I see parties have reached their own agreement, this is a factor that they put into the agreement. The downfall, if the paying party wants to retire s/he must do so with a continued ability to provide alimony for whatever duration was agreed upon by the parties.

Divorce laws change from state to state regarding such things as alimony. Couples that have divorced and have either moved to Florida or were divorced in Florida and have changes in their lifestyle and circumstance that warrant a modification of alimony may need to know whether a change to alimony is possible. Florida does allow for a party to file for an increase, decrease or termination of alimony in certain circumstances. Understanding your rights and options in an alimony modification case can be beneficial to you in protecting your rights and interests.

In order to have access to the court for a modification there must be a substantial change in circumstance. For example, if you were awarded alimony based on the fact that you can hold a job, but that your income is less than your ex-spouse, then you may need to seek an increase in alimony if you become disabled and unable to work. Alimony in Florida is typically awarded to a party if she/he is in need of financial assistance from the other party and the other spouse has a financial ability to pay alimony. However, the amount is based on the need of the individual as well. So, if that person’s needs change, not due to voluntary action of that party (i.e. quitting his/her job), then alimony may need to be modified accordingly.

The same is true of a downward modification of alimony, meaning a decrease in the amount of alimony to be paid. For example, Hank has an annual income of $350,0000 and Mildred has an annual income of $30,000. In this case, Hank most likely would be ordered to pay Mildred alimony. However, Hank suffers an eye injury and can no longer work in his job and is placed on disability. Hank’s income decreased due to an involuntary occurrence, meaning he most likely did not intentionally go on disability; therefore, his ability to pay alimony at the same amount is limited. Hank may be given a decrease in the alimony he is to pay Mildred or it may deemed that he can no longer pay.

Written by: Lenorae Atter, Attorney at Law

Alimony is a common issue in many Florida divorces. The award of alimony in Florida is based on a number of factors, including but not limited to: length of the marriage; contribution to the marriage; standard of living created during the marriage; the need for ongoing spousal support; and an ability to pay spousal support. Once alimony is awarded, unless the order states otherwise, it may be modified upon the occurrence of a substantial change of circumstance of one or both parties. For example, if a former spouse inherited a large sum of money, then there may be reason to modify or terminate the alimony.

In a divorce, a future expectation of an inheritance cannot be factored into the award or determination of alimony. The reason is that wills and estate beneficiaries can be changed and the court must rule based on the actual financial situation of the parties at the time the divorce occurs. So, even if the Husband believes his Wife will inherit $1 million upon the death of a relative, the inheritance cannot be factored into the spousal support need unless it has actually been paid to the Wife.

Written by: Lenorae Atter, Attorney at Law

In Florida, alimony is based on a number of factors, including length of the marriage, contribution to the marriage, a party’s ability to pay alimony and the other party’s need for support. Over the years, the court has found that if the spouse receiving alimony begins to cohabit with someone, in a supportive relationship, then that could be grounds for modifying alimony. However, what happens if the ex-spouse that receives alimony is living with someone else, but that person is not assisting with the bills, can alimony be reduced because of the actual cohabitation with another?

On or about October, 3, 2012 Florida’s Third District Court of Appeals (DCA)located in the Miami-Dade area, heard a case regarding this topic and issued an opinion on whether simply living with another gives rise to modifying alimony. In Murphy v. Murphy, 3D11-1604 (Fla. 3rd DCA October 3, 2012), the paying party was asking the court to reduce or terminate the alimony obligation because the Former Wife was residing with another man. The court was asked to apply Florida’s Cohabitation Statute as it relates under family law legislation as stated § 61.14(1)(b)(2), Florida Statutes (2012).

Written by: Lenorae Atter, Attorney at Law

When dealing with Florida alimony in divorce cases, often as a Jacksonville divorce lawyer, I find it helpful to review cases to prepare not only for trial, but also to prepare my client for what may happen. Understanding the legal changes that occur not only by the Florida legislature, but also by the courts can be helpful to clients because cases actually use real people in real scenarios. So, much like providing examples of what may happen, the courts actually show us what does happen when A and B occur.

Florida alimony is based on a number of factors, including the length of the marriage, the contribution of each spouse during the marriage, the incomes of the parties, the potential earning capacity of the spouses, educational/work experience, need, ability to pay and much more. Since there are so many factors that the court may look to in its determination of awarding alimony, understanding the law and how it may be applied can be very helpful to both the lawyer and the client.

Written by: Lenorae Atter, Attorney at Law

As a Jacksonville divorce lawyer, I often educate my clients on the fact that alimony in Florida is modifiable given a substantial change in circumstance, unless agreed by the parties as nonmodifiable. Inflation is an involuntary change in the economy and impacts living expenses, including utilities, food prices, etc. As such, inflation may impact the amount of alimony necessary to sustain an individual from day to day. When permanent alimony is awarded, such as in long-term marriages (greater than 16 years of marriage) or in cases where a spouse has a permanent disability and the ex-spouse has an ability to pay alimony, inflation may be grounds for an alimony modification. In Florida, to modify alimony, there must be a substantial change in circumstance. For alimony modifications due to inflation, there are more steps that must be proven.

Inflation has been warranted to create a substantial change in circumstance because it decreases the value of a dollar. So an alimony award in 1990 would not spend the same in 2012 and the courts recognize this issue. However, the courts also recognize that a change in circumstance cannot just be the impact inflation has on the value of a dollar, but on the impact that change has on the individual seeking the modification. Since alimony is designed to provide support for a spouse to have shelter, clothing, food, and other necessities, the receiving party has to show the court how inflation has made it more challenging to fulfill those needs.

Written By: Lenorae Atter, Attorney

Alimony can be an issue in a Florida divorce and is often base on need and ability to pay. The Florida legislature has made drastic changes to the alimony statute to make it easier for the courts to apply the right type of alimony in a divorce case. Given that there are multiple forms of alimony, the Florida legislators were hoping to narrow the field for length of time that alimony may be awarded. In accordance with Florida Statute 61.08 alimony may be applied by Florida courts to either party and may be awarded in many different forms including the following: bridge-the-gap, rehabilitative, durational, lump sum, permanent, or an alimony award may be a combination of more than one form (i.e. rehabilitative to pay for schooling and periodic for a certain duration).

Bridge-the-gap alimony is an unmodifiable alimony award that provides a party financial assistance to aid that party in transitioning from being marriage to being single. It is designed to assist the party with any legitimate and identifiable short-term needs. The length of any bridge-the-gap alimony award may be granted in a short-term marriage, generally under 7 years and may terminate upon the death of either party or if the receiving spouse remarries.

Written by: Lenorae Atter, Attorney at Law

In a Florida divorce involving alimony, there are multiple factors to be considered in determining an award of alimony. Florida statutes provides for alimony under circumstances, including the length of the marriage, needs of the parties, ability to pay alimony, lifestyle during the marriage, contributions to the marriage, etc. So, if you and your spouse make significantly different money, does that automatically entitle you to permanent alimony?

The courts have addressed this issue over the years and have determined that simply showing a difference in income does not mean that a party is entitled to permanent alimony. For example, if a Wife makes $300,000 per year and the Husband makes $500,000 per year, which does not mean the Wife automatically qualifies for permanent alimony. In order to be awarded permanent alimony it has to be shown that not only the length of marriage meets the statutory requirements (e.g. greater than 17 years), but also that the requesting party has an ongoing need for permanent alimony. A need for alimony basically goes to the actual living expenses of the spouse and whether she/he has an ability to pay said expenses. As such, if $300,000 per year is enough to help Wife maintain her expenses, then she does not have an ongoing need for alimony.