Articles Taged in Alimony
March 27, 2025
by SmartSites
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 long term marriage, there is an initial presumption that an award of permanent alimony is appropriate. It was also alleged in Keyser v. Keyser that one of the spouses engaged in marital infidelity.
The Florida Court of Appeal recently stated that in making an alimony award, a trial judge is permitted to consider a spouse’s infidelity. The Florida Court of Appeal pointed out that Florida Statutes Section 61.08(1), allows the trial judge to consider adultery in making an alimony award. However, the Court stated that without a showing that marital assets were used to support the allegedly adulterous behavior, infidelity is not an appropriate basis for awarding a larger share of the parties’ marital assets to the innocent spouse. The Appellate Court also stated that adultery is not a sufficient basis to deny an award of alimony to the other spouse. Finally, even if adultery does take place, the payor’s ability to pay and the payee’s need are the primary factors that the trial court should consider in making an alimony award 61.08. In making an alimony award the trial court must first determine whether the payor has the ability to pay alimony and whether the recipient has an actual need for alimony before it considers the other statutory factors set out in Florida Statutes Section 61.08.
To speak with an alimony attorney in Palm Beach County, contact Matthew Lane & Associates, P.A. at (561) 363-3400.
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March 27, 2025
by SmartSites
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 court is required to decide whether one of the parties has the ability to pay alimony and whether the other party has the need for alimony. If a court determines that one party has the ability to pay alimony and that the other party has the need for alimony, the court is required to consider all of the following ten factors. First, the standard of living established by the parties during the marriage. Second, the length of the marriage. Third, the physical and emotional condition of each of the parties and the age of the parties. Fourth, each parties assets and liabilities. Fifth, the parties’ earning capacities and the need for additional training and education. Sixth, each of the parties’ contribution to the marriage. Seventh, the need to stay home with any minor children. Eighth, the tax consequences of an award of alimony. Ninth, each parties’ sources of income from employment or investments. Tenth, any other factor that the court considers is necessary to reach a fair and just resolution of the matter.
In the event that the trial court fails to consider all of the alimony factors, the case will be reversed on appeal. At that point the case will be remanded to the trial court to retry the case.
To speak with an alimony attorney in Wellington and Palm Beach Gardens, Florida, contact Matthew Lane & Associates, P.A. at (561) 363-3400.
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March 27, 2025
by SmartSites
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 per month to $7,800 a month. When the parties were divorced, they agreed that the Husband would pay $9,000 per month. The wife also received retirement accounts and investment accounts as part of the settlement. After the divorce, the wife significantly reduced her expenses by moving to another state, selling the marital house, and purchasing a smaller home. The trial court found that these reductions constituted a substantial change of circumstances and warranted a modification of alimony.
The Florida Court of Appeal held that where a party is required by the court to make alimony payments and the financial ability of either of the parties changes, either party is entitled to apply to the court for a modification of alimony. The trial court has the authority to make changes that equity requires, taking into account the parties’ changed financial ability or the circumstances of the parties. The trial court has the authority to increase or decrease alimony. In order for a modification to be granted there must be a substantial change in circumstances that was not contemplated at the time of the divorce which is material, sufficient, involuntary and permanent. The involuntary aspect has been applied where a party’s ability to pay is reduced. Where a recipient voluntarily reduces his or her living expenses, a reduction in alimony may also be granted. Where, as here, the recipient spouse’s expenses are reduced by more than one half as a result of her reducing the size of her home and moving out-of-state, the Husband’s alimony obligation may be reduced.
To speak with a modification of alimony attorney in Palm Beach Gardens, Florida, contact Matthew Lane & Associates, P.A. at (561) 363-3400.
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March 27, 2025
by SmartSites
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 concerning the calculation of alimony and child support and the division of marital assets. The Court of Appeal ruled that the lower court made a mistake in calculating the Husband’s bonus income. The Court reversed the lower court’s ruling and required the trial court to retry the case.
The Husband and Wife agreed on the amount of the Husband’s base salary at the time of the divorce in 2015. In calculating the Husband’s income, the trial court utilized the Husband’s bonus in 2013, rather than utilizing the Husband’s bonus in 2014. The Florida alimony statute requires courts to take into consideration all sources of income available to both parties in awarding alimony. The Florida child support statute requires courts to include bonus income in calculating child support.
Income from bonuses should be utilized in calculating alimony and child support when the bonuses are continuous and regular. Here the trial court used the Husband’s 2013 bonus in calculating support payments. The trial court utilized this amount because it was the last bonus that the Husband received prior to the date of the filing of the divorce. The Court of Appeal held that the lower court should have utilized Husband’s 2014 bonus, which was the most recent bonus that the Husband earned prior to the date of the trial. A party’s most current income, or income that is expected to be earned in the near future, should be used in calculating alimony and child support awards. Past income figures should not be utilized when the Court has access to current figures. In the case at bar, the Court incorrectly utilized bonus income figures from 2013, instead of using current income figures from 2014. The husband’s bonus in 2014 was significantly lower than in 2013. The Court held that the final judgment should reflect the fact that the husband’s income was reduced. The Court of Appeal reversed the lower court and instructed the trial court to recalculate alimony and child support.
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March 19, 2025
by SmartSites
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 the age at which other people who are engaged in the same type of work normally retire. Sixty-five is the presumptive age of retirement in Florida
In a recently decided alimony case captioned Tanner v. Tanner, the Husband appealed the trial court’s order denying his Supplemental Petition for Modification of his divorce decree. The parties were divorced in January 2016. The final judgment of dissolution required the Husband to pay permanent periodic alimony to the Wife. In September 2018, the Husband filed a Supplemental Petition to Modify the divorce decree in which he sought to eliminate or reduce the amount of his alimony payments.
In the Husband’s Supplemental Petition for Modification of Alimony, the Husband stated that his employer terminated his employment, and that his medical condition precluded him from finding similar employment. The trial court denied the Husband’s Supplemental Petition for Modification of Alimony based upon the fact that it found the Husband’s retirement at age 64 to be unreasonable. In his appeal, the Husband argued that his retirement was reasonable based on his age and failing health.
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March 19, 2025
by SmartSites
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 a long-term marriage. There is a rebuttable presumption that a marriage of less than 10 years is a short-term marriage, a marriage of between 10 years and 20 years is a moderate-term marriage, and a marriage of 20 years or more is a long-term marriage.
Under “exceptional circumstance”, a court may extend the length of durational alimony. Some of these exceptional circumstances include, without limitation: (i) the extent to which the recipient’s age and employability limit the recipient’s ability to become self-supporting; (ii) the extent to which the recipient’s financial resources limit the recipient’s ability to be self-supporting; (iii) the extent to which the recipient is mentally or physically disabled; and (iv) the extent to which the recipient is the caregiver to a mentally or physically disabled child of the parties.
The amount of durational alimony is the amount required to meet the recipient’s “reasonable needs”. However, the amount of durational alimony may not exceed 35% of the difference between the parties’ net incomes.
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March 19, 2025
by SmartSites
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 husband for in-kind benefits and business expense reimbursements that were provided to the husband by his business. The optical business provided the husband with an apartment at no cost and paid for his personal expenses, including his dentist appointments, his doctor’s appointments, his massages, his lab tests, his pharmaceuticals, his lawn mower, and products that he ordered from GNC.
In reaching its alimony determination, the trial court did not consider the business’ provision of the husband’s apartment and the payments for the husband’s medical appointments, dental appointments, lab tests, massages, GNC products, and pharmaceuticals to be income. Because the husband testified that the business provided all of its employees with the same reimbursements, the trial court ruled that these payments were reasonable business expenses and did not consider them to be income when it calculated the husband’s alimony obligation.
The wife appealed the trial court’s Final Judgment of Dissolution of Marriage to the Florida Court of Appeal. The Florida Court of Appeal reversed the trial court and held that the trial court should have included the in-kind payments and expense reimbursements that husband received from the optical business in determining the husband’s alimony obligation. The appellate court pointed out that under Florida law, for purposes of calculating alimony, “income” is defined as any type of payment, including, without limitation, salary, wages, bonuses, commissions, disability benefits, worker’s compensation, retirement benefits and annuities, dividends, pensions, interest, trusts, royalties, and any other payments made by a private entity, person, or governmental entity.
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March 19, 2025
by SmartSites
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 these different types of alimony.
Temporary alimony is a form of alimony payable during the time that an action for dissolution of marriage is pending. In determining whether and to what extent temporary alimony will be awarded, trial courts will consider the needs of the spouses requesting alimony and the ability of the other spouses to pay alimony.
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March 19, 2025
by SmartSites
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 qualifications and the prevailing earnings level in the community.
In a case captioned Douglas v. Douglas, the husband appealed several of the rulings that the trial court made in the Final Judgment of Dissolution of Marriage. The parties were married for eight years. They were the parents of two children. The wife was a stay-at-home mother, who took care of the parties’ children during the course of the marriage. She did not work outside of the marital home during the marriage. After the parties separated, the wife unsuccessfully applied for over thirty jobs during the parties’ separation.
The husband was a professional basketball player. During his career, he played for the New York Knicks, Houston Rockets, Sacramento Kings, Golden State Warriors and the Miami Heat. Recently, the husband played on a number of European teams. The wife filed the Petition for Dissolution of Marriage.
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March 19, 2025
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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 is one of eleven statutory factors that Florida Courts are required to consider in awarding alimony.
In a recently decided case captioned Morgan v. Morgan, the Florida Court of Appeal ruled that the size of an alimony award is based upon the standard of living that was established by the parties during the course of the marriage, and not the parties’ postseparation lifestyle.
In Morgan v. Morgan, the husband appealed the final judgment of dissolution of marriage. He challenged the trial court’s alimony award and the equitable distribution of the parties’ assets. The Florida Court of Appeal reversed both of the trial court’s rulings on these issues.
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