Category Archives: Alimony
Alimony Reform Legislation Slapped Down Again
If you’ve pinned your hopes on legislative action to reduce your alimony payments, you’re going to be disappointed. Despite promises to overhaul what some consider pernicious alimony laws, the legislature kicked the can down the road one more time. A Battle with Warriors on Both Sides The battle over alimony laws in the Sunshine… Read More »
Does the Length of My Marriage Matter When It Comes to Alimony?
When it comes to alimony, Florida places significant weight on the duration of the parties’ marriage. State law divides marriages into three categories: marriages of less than 7 years are considered “short term”; marriages of between 7 and 17 years are considered “moderate term”; and marriages of 17 years or more are considered “long… Read More »
Does the Length of My Marriage Automatically Entitle Me to Alimony?
A Florida judge will not automatically grant a request for alimony in a divorce case. However, when a spouse seeks alimony following the breakdown of a “long-term marriage,” i.e., a marriage that lasted 17 years or more, there is a legally “rebuttable presumption” in favor of an award of permanent alimony. This presumption can… Read More »
Do I Still Have to Pay Alimony If My Ex Is Living With a New Partner?
Historically, Florida law automatically terminates an award of alimony if and when the receiving spouse remarries. But there are other situations where the recipient spouse does not remarry but “cohabits” with another person. In these cases, the former spouse paying alimony may ask the court to modify or end this obligation based on the… Read More »
Will Reducing My Post-Divorce Expenses Affect My Alimony?
When a Florida judge awards “permanent” alimony in a divorce, that does not mean the duration or amount is etched in stone. As each former spouse’s financial circumstances change, either party may petition the court for a modification of a spousal support award. But it is critical for the court to fairly and impartially… Read More »
How Will Retirement Affect My Obligation to Pay Alimony?
When a former spouse is required to pay permanent periodic alimony as part of a divorce judgment, that means the receiving spouse is entitled to receive such payments indefinitely. But if there is a change in the parties’ circumstances, either former spouse may petition the court for modification of the alimony order. Keep in… Read More »
Can I Go to Jail for Failing to Pay Alimony?
Once a judge enters a final decree to dissolve a marriage, its terms are legally binding on both parties. To put it another way, you are required to obey the terms of your divorce judgment. If the judgment states you will pay a certain amount of alimony each month to your former spouse, for… Read More »
How Do Florida Courts Decide When to Award Periodic or Durational Alimony?
There are a number of things a Florida court takes into account when deciding whether and how to award alimony in a divorce case. Florida law actually provides for several different categories of alimony. For example, a judge may award periodic permanent alimony–which requires one spouse to pay the other a monthly sum for… Read More »
How Long Does “Permanent” Alimony Last in Florida?
In some cases, a court decides to award “durational alimony,” which continues for a specified period of time. In other cases, a judge determines that an award of “permanent alimony” is more appropriate. Despite the name, permanent does not necessarily mean in perpetuity. Rather, Florida law states that by default, an award of permanent… Read More »
