In general, Florida is a no-fault divorce state. In other words, the fault of either of the parties does not come into play when it comes to determining the outcome of a dissolution of marriage action. That having been said, there is a large exception to that. If the fault cost the other spouse money, […]
A prenuptial agreement in Florida, if properly written, can very much affect an entitlement or an obligation to pay alimony. In fact, if properly prepared, the terms of the prenuptial agreement will prevail. If there is a provision that says neither spouse shall receive or pay alimony, then neither spouse shall receive or pay alimony. […]
In short, the answer is no. This is not an unusual situation. If the payor of alimony gets remarried after the divorce, they still must continue paying alimony. The opposite is the case if it is the recipient of alimony that gets remarried. If you would like to discuss more on Legal issues with S. […]
If you are the recipient of alimony and thereafter receive an inheritance, it could affect your need for alimony, and that could be construed by a court as a substantial change in circumstances that has taken place since the date of your final judgment of dissolution of marriage. In short, the answer is “yes.” Of […]
Maybe. Historically, alimony only ended if the recipient spouse took up with another individual if they actually got married. About 7 or 8 years ago, the Florida statutes were changed to introduce the concept of a supportive relationship. That’s a romantic relationship wherein the party’s expenses go down. Their need for alimony goes down because […]
Those people that get alimony in Florida are either able to reach an agreement between them and their former spouse to receive alimony or convince a court that alimony is a legal entitlement of theirs based upon their surrounding, mostly financial, circumstances. If you are asking for alimony, think of it as a two-hurdle race. […]
Yes, savings are taken in consideration when it comes to a determination of alimony. Again, one of the biggest factors in determining whether alimony is payable is the ability to pay of the payor. That doesn’t necessarily mean that they will require the payor to eliminate their savings in order to pay alimony; but certainly […]
As a whole, the answer is no, unless there is a reservation for jurisdiction of such or the court has already awarded alimony. If you get a divorce and there is no alimony payable from one spouse or former spouse to the other, than the court no longer has jurisdiction, the legal capability of awarding […]
Alimony is often but not always terminated because of the retirement of the payor. Even permanent alimony eventually terminates quite often well prior to the death of the payor or the re-marriage or death of the recipient. It can be changed, whether modified down, sometimes modified up or terminated, based upon a substantial change in […]