As part of an alimony obligation, a payor may be required to purchase life insurance to secure the award. In a recently decided case captioned Sager v. Sager the former husband appealed the final judgment. He argued that the trial court erred in requiring him to purchase life insurance to…
Imputation for purposes of alimony was recently decided by the Florida Court of Appeal in a case captioned Cura v. Cura. In Cura v. Cura, the Husband filed an appeal challenging an order awarding temporary alimony and child support. After a seventeen year marriage, the husband and wife separated. When…
Imputation of alimony was recently discussed by the Florida Court of Appeal in a case captioned Frerking v. Stacy. In this case, the former wife appealed a trial court’s decision that denied her request for permanent alimony and imputed income to her. The parties were married for nineteen years. The…
In a modification of alimony proceeding, a trial court can temporarily modify an alimony award while the award is being appealed. It cannot alter the actual alimony award during the pendency of the appeal. In Horowitz v. Horowitz the Florida Court of Appeal recently stated: “[T]he trial court may conduct…
In an alimony case, a trial court may require a paying spouse to maintain life insurance under certain circumstances. In order for a court to require a paying spouse to maintain life insurance, the trial court must find that the insurance is available, it must state the cost of the…
In Florida, permanent alimony is rebuttably presumed to be appropriate in a marriage that exceeds seventeen years. In a case captioned Hedden v. Hedden, the wife appealed a judgment terminating her marriage of thirty-seven years. The parties have two children. The wife was a stay-at-home mother for a majority of the…
In alimony cases, living with someone may reduce or eliminate the need for alimony when the live-in relationship is found to be substantially equivalent to a remarriage. In a recently decided case captioned Bruce v. Bruce, the wife appealed the trial court’s refusal to award her alimony. The parties were…
In awarding alimony, income will not be imputed to a spouse who decides to defer taking Social Security benefits when that party would receive larger benefits by deferring the benefits. In a case captioned Huertas Del Pino v. Huertas Del Pino the trial court imputed income to the Wife based…
In a recent decided alimony case captioned Shimer v. Corey, the Florida Court of Appeal held that the lower court made a mistake when it required the Husband to purchase a life insurance policy as part of the alimony award in this case. The Florida statutes permit a court to…
In a recent alimony case captioned Gillette v. Gillette, the Florida Court of Appeal refused to impute income to a small business owner who chose to continue working in his own business rather than working for a larger employer. The parties in this marriage were married for twelve years. The…