The Florida alimony reform bill passed the Florida legislature and was signed by Governor Ron DeSantis on June 30, 2023. This bill will have a significant impact on how alimony will be awarded in Florida. It applies to all initial petitions for dissolution of marriage that are filed or pending…
Durational alimony is awarded to provide the recipient spouse with economic assistance for a specific period of time. An award of durational alimony will not exceed 50% percent of the length of a short-term marriage, 60% percent of the length of a moderate-term marriage, and 75% of the length of…
There are four types of alimony in Florida. They are temporary alimony, bridge-the-gap alimony, rehabilitative alimony and durational alimony. Trial courts may award one or any combination of these four types of alimony. In a recent case captioned Ogle v. Ogle, the Florida Court of Appeal described the purpose of…
A recently decided alimony case captioned Rodolph v. Rodolph involved two appeals by the husband. Since both appeals involved the same parties and the same facts, the Florida Court of Appeal consolidated the cases into one appeal. In Rodolph v. Rodolph, the husband appealed the lower court’s order denying his…
Durational alimony terminates when either of the parties dies or the recipient of alimony remarries. In a unique case captioned Dills v. Perez the parties’ marital settlement agreement contained a provision that stated that the former husband’s obligation to pay durational alimony to the former wife was non-modifiable. At the…
In order to determine whether a voluntary retirement is reasonable, Florida trial courts are required to consider the age of the payor, the payor’s health, and the payor’s motivation for retirement. Additionally, Florida trial courts are required to consider the type of work that is performed by the payor and…
In order to impute income to a voluntarily unemployed or underemployed spouse, the party seeking to impute income must prove that there are current and available employment opportunities for which the spouse is qualified. The spouse’s employment potential and probable earnings are based upon the spouse’s recent work history, occupational…
Alimony payments may be reduced or terminated when a former spouse enters into a supportive relationship. The payor bears the burden to prove that a supportive relationship exists. Some of the factors that Florida courts assess in determining whether a supportive relationship exists are as follows: First, whether the recipient…
An alimony case involving the reimbursement of business expenses was recently decided by the Florida Court of Appeal in a case captioned Ortega v. Wood. In Ortega v. Wood, the husband was an optician who owned an optical business with his mother. The wife sought to impute income to the…
Florida’s alimony statute requires courts to consider the standard of living that was established by the parties throughout the course of their marriage. Its purpose is to provide for the needs and necessities of life for the recipient spouse as they were established during the course of the parties’ marriage. It…