Category Archives: Alimony
Can Retirement Justify Alimony Modification in Florida? A Look at Good Faith and Financial Reality
In most cases, alimony is usually determined upon divorce according to the economic situation of both spouses at the point of separation. However, what occurs when there are changes in the financial status of one of the spouses, especially in the event of retirement? Can one spouse use retirement as the basis for cutting… Read More »
How Much Discretion Do Florida Divorce Judges Have? Understanding the Limits of Fairness in Property Division and Alimony
Trial courts in Florida divorces have to make tough calls on alimony and equitable distribution of property between the separating spouses. The decisions can affect the finances of the disputing parties for a long time to come. However, what authority does the court exercise while making such decisions? In this article, we’ll review a… Read More »
Florida Court Addresses Contested Alimony Award
One of the most contested issues in Florida divorce cases is the award of alimony to one of the spouses. Even if both parties have agreed that the marriage is no longer working, they may have differing opinions on the awarding of support, the amount of support, and the type of alimony. The Florida… Read More »
Farley v. Farley — Contested Alimony in Florida
Alimony in Florida is often hotly contested, especially when the parties disagree about the amount, duration, or even whether it should be awarded at all. Farley v. Farley illustrates how an appellate court scrutinizes alimony awards, particularly long-term, and why trial courts must make clear, statutorily required findings. Background of the case In Farley… Read More »
Florida Appeals Court Examines Alimony Award
The State of Florida changed its rules involving alimony in 2023. Under the new rules, there is no more permanent alimony, only durational alimony, and it’s harder to qualify for. Suffice it to say, paying alimony is nobody’s favorite thing to do. But it is necessary, and the courts will award it in some… Read More »
Can I Modify Alimony After a Florida Divorce Case?
In Florida, it is possible to modify your alimony payments after the judge has granted alimony to your former spouse. But you have to prove “substantial changes” have occurred, either in your ability to pay or your former spouse’s need for financial support. One case in which alimony was modified is Linstroth v. Dorgan…. Read More »
Can Alimony Be Terminated if Your Former Spouse Enters into a New Relationship?
In some cases, the answer is ‘yes’, alimony can be modified if your former spouse, to whom you are paying alimony, enters into a new relationship. If the spouse remarries, then alimony is automatically terminated. However, if the spouse enters into a new relationship or even lives with a new partner, you must show… Read More »
Will I Lose My Alimony If I Remarry in Florida?
In most cases, the answer is ‘yes’, alimony payments will stop automatically once you remarry. Florida Statute § 61.08(8) holds that once the recipient of alimony remarries, alimony payments are automatically terminated. However, there is one exception under the law. In the case of Herbst v. Herbst, the wife successfully argued that she should… Read More »
If My Spouse Cheated, Am I More Likely to Get Alimony in Florida?
Most folks wouldn’t want to pay alimony to a cheating spouse. They probably feel as if their spouse caused the breakdown of the marriage and they don’t deserve to be paid for doing so. You’re not alone if you feel that way. Florida Statutes § 61.08 provides a list of factors courts can consider… Read More »
Can I Be Disqualified from Receiving Alimony in Florida?
Alimony, known as spousal maintenance in Florida, is a payment made from one spouse to another. The purpose of alimony is to ensure that a lower-earning spouse has enough money to support themselves on their own once the divorce is finalized. The courts have a number of reasons for not awarding individual alimony. In… Read More »
