After an order for alimony is entered by the court, it is enforceable by Florida courts. It does not matter whether the order was temporary or final. If an order was entered by the court with due notice given to the obligor, it must be followed pursuant to the details contained within the order. There…
Temporary alimony is an award of alimony that is made before the end of a divorce and and after the filing of the petition of dissolution. Temporary alimony can always be modified for whatever reason the court decides. Temporary alimony is extinguished however when the alimony award is made in the final judgment for divorce.…
In the old days of Florida’s past, proof of adultery both allowed for a divorce and barred the adulterer from ever requesting alimony. Presumably, the courts exercised broad discretion back then and punished adulterers by denying them marital assets and custody of their children (they just didn’t write it into the statute) Today, Florida is…
When calculating alimony the courts first test is to compare the party’s need with the other party’s ability to pay. Both of these amounts are largely determined by the parties’ incomes. When one of the parties has a drastic change in income during the divorce proceedings (and this happens all the time) the other party will…
Whether it’s determining alimony or determining child support in a Naples, Florida divorce, income is the biggest factor in determining either of those obligations. The Florida statute goes into great specifics about what shall be considered income for the purposes of child support or alimony. “Income” means any form of payment to an individual, regardless…
Elderly or grey divorces are becoming more and more common. Age can be a factor in Florida divorces insofar as it impacts alimony. In Florida people over age 65 have an extra right to speedy trial (for presumably morbid reasons). “Civil actions involving elderly parties; speedy trial.—In a civil action in which a person over the…
The primary factor that Florida courts consider in determining the length of an alimony award is the length of the marriage. “For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 7 years, a moderate-term marriage is a marriage having a duration…
Common knowledge of how divorce works is usually picked up in bits and pieces from pop culture, almost all of which comes out of California television studios. In reality, there are 50 states with their own individual divorce laws. So, while television shows have long mentioned “standard of living” when discussing alimony, Florida’s laws determine…
Florida law allows for alimony but the ordered alimony must fall into one (or many) of the classifications laid out in the statute “In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or permanent in nature or any combination of these forms of…
The Florida statutes outline the different types of alimony available to a spouse. “In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or permanent in nature or any combination of these forms of alimony.” Fla. Stat. Sec. 61.08(1) An award of alimony…
