Florida alimony law appears set to change this year. A bill has cleared the house and senate and is waiting for the Governor’s signature. The bill sets forth 9 factors set forth to be considered in determining alimony. (1) First need and ability to pay, the burden being on the moving party to establish their …
In Dills v. Perez, the Florida 5th District Court of Appeals found the trial court had committed reversible error where it terminated the Former Husband’s alimony obligation on remarriage of the Former Wife. While Florida Statute Section 61.08(7) mandates that an award of durational alimony terminates on death or remarriage of the party receiving alimony, …
If you have a need for financial support from your spouse to sustain the standard of living maintained during the marriage, your spouse has the ability to pay, and the marriage was of sufficient length to justify the type of alimony you are asking for, be it bridge the gap alimony, rehabilitative alimony, durational alimony, …
Pursuant to Florida Statutes Section 61.14(b)(1) a court may reduce or terminate an award of alimony upon specific written findings by the court that since the granting of a divorce and the award of alimony a supportive relationship has existed between the obligee and a person with whom the obligee resides. The burden is on …
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If you hope to obtain an attorney’s fee award, temporary support, or alimony in a divorce case you need to present evidence to the court of your need and the other parties ability to pay. Evidence presented should include the standard of living established during the marriage; the contribution of each party to the marriage; …
Most types of alimony available under Florida law can be modified where there has been a substantial change in circumstances. Modification of alimony is based on need and ability to pay. Examples of situations where a modification of alimony may be warranted include a substantial reduction in the income of the party paying alimony, an …
According to the Tax Cuts and Jobs Act, in divorces entered or modified after Dec. 31, 2018, alimony will no longer be deductible for the payer, and taxes won’t need to be paid on it by the recipient. This is a change from the long standing position that the payer would not pay taxes on …
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We are lawyers in Miami that prepare, review, and litigate prenuptial “prenup” and postnuptial agreements. Call us today to help you with your prenuptial or postnuptial agreement needs (786) 539-4935. Prenuptial and postnuptial agreements can provide for the protection of assets in the event of divorce of the parties, alimony or the waiver of alimony, …
Yes, a prenuptial agreement and/or a provision of a prenuptial agreement can be invalidated by the court. Courts invalidate prenuptial agreements for reasons like their violation of public policy, duress, a lack of full financial disclosure, or fraudulent financial disclosure. Section 61.079(7)(a), Florida Statutes (2019), in relevant part, provides: “A premarital agreement is not enforceable …
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In a divorce the marital portion of the pension or retirement plan is going to be subject to valuation and equitable distribution. The non-marital portion should not be subject to equitable distribution by the court. All vested and non vested pensions, retirement, profit sharing, thrift savings, annuities, or insurance acquired during the marriage constitute marital …
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