In a recently decided alimony case captioned Barlow v. Barlow, the Florida Court of Appeal ruled that a trial court should utilize the most recent income figures available in calculating alimony and child support and not rely on past earnings. In this case the Husband appealed the trial court’s ruling…
In a modification of alimony case, a payor’s alimony obligation can be reduced when the recipient voluntarily reduces their needs. In a recently decided case captioned Regan v. Regan, the trial court granted the Husband’s petition for modification. The trial court permitted a reduction of the Husband’s alimony obligation from $9,000…
In a recently decided alimony case, the Florida Court of Appeal stated that permanent alimony is intended to allow the recipient spouse to maintain the standard of living established by the parties during the course of their marriage. In this case, the parties were married for 39 years and had adult children.…
In a recently decided alimony case captioned Jimenez v. Jimenez, the Florida Court of Appeal stated that in reaching a decision concerning alimony, a trial court is required to consider every one of the factors set forth in the Florida Statutes. In deciding whether or not to award alimony, a trial…
In a recently decided alimony case captioned Jimenez v. Jimenez, the Florida Court of Appeal stated that in reaching a decision concerning alimony, a trial court is required to consider every one of the factors set forth in the Florida Statutes. In deciding whether or not to award alimony, a trial…
In a recently decided alimony case captioned Hua v. Tsung, the husband filed an action for divorce. The parties were married for 17½ years. The Husband and wife were in their early forties. The Husband was the primary breadwinner and wife was a homemaker and stay-at-home mother. The Husband owned several businesses during the…
In making an alimony award, adultery and infidelity can only be considered by the trial judge when the adulterous conduct involves the dissipation of marital assets. In a case captioned Keyser v. Keyser, the parties were married for twenty-years. This is considered a long term marriage. When there is a…
In calculating alimony, income will be imputed to the owner of non-income producing assets. In a case captioned Sherlock v. Sherlock, the husband appealed the final judgment dissolving the parties’ marriage. The parties were married for seventeen years. A seventeen year marriage is rebuttably presumed to be a long-term marriage.…
In a divorce proceeding involving alimony, a spouse claiming income should be imputed to an unemployed or underemployed spouse must show that the unemployed or underemployed spouse is employable and that jobs are available. In order to determine the amount of income to impute, the Court must consider the spouses’…
The pending Florida Alimony Reform Bill was recently revised in the Florida Senate. The original version of the bill was replaced by a committee substitute. The revised bill creates new alimony guidelines. In calculating alimony, the Court is to first calculate the amount of each party’s monthly gross income. Included in a…