SB 250 (2016) Family Law http://www.flsenate.gov/Session/Bill/2016/0250 SENATE – CS by Judiciary; YEAS 7 NAYS 3
Category: Alimony
Legislation Recently Introduced by Florida Legislature
Last week, the Florida Legislature introduced four separate pieces of legislation of note. Three of the bills introduced deal with alimony, and the fourth deals with timesharing/parenting plans. The three bills dealing with alimony (House Bill 455 and Senate bills 250 and 668) have different language, which we have not yet looked into. We do […]
Taylor v. Taylor
Taylor v Taylor In Taylor v. Taylor, the 2d DCA reverses an award of durational, rather than permanent, alimony. The identified problem essentially was twofold, but really comes down to an absence of statutory findings. There is a lack of findings necessary to support the use of durational rather than permanent alimony, and the amount […]
Kelley v. Kelley
Kelley v Kelley In Kelly v. Kelly, the 4th DCA reversed and remanded the final judgment on the issues of equitable distribution and alimony. As to ED, the trial court had stated its intention to make equal awards to the parties, but a mathematical error in the equalizing payment made the award significantly unequal. As […]
Possible Alimony Law Changes In The Works
In this edition of the Men’s Rights Law Firm blog, we will discuss the pending alimony law changes that could become reality in the near future. The following is in an FAQ format, and may hold answers to questions by those facing unjust alimony obligations in their divorce decrees: 1. What are your thoughts on […]
Lessons Learned in Divorce Litigation
To paraphrase Santayana: those who fail to learn the lessons of history are doomed to repeat it. Here are a few of the lessons I have learned in almost two and a half decades of divorce litigation: Wait too long to file for divorce/modification/enforcement. The date of filing a divorce has the important distinction of […]
Hahamovitch v. Hahamovitch
A case that was talked about extensively at last year’s certification review in Orlando, Hahamovitch v. Hahamovitch, has returned, this time with the Supreme Court weighing in and approving the 4th DCAs opinion. The case involves interpretation of prenuptial agreements. The 2d DCA case of Irwin v. Irwin and the 3d DCA case of Valdes […]
Rutan v. Rutan
Rutan v. Rutan is a case that had been previously remanded for findings. The 2d DCA again remanded the case for findings justifying its award of alimony. The trial court (in Pinellas County) found that the Wife had met her burden of proving ability to pay, but the findings are insufficient to allow the appellate […]
Corcoran v. Corcoran
In Corcoran v. Corcoran, the 5th DCA remanded the final judgment for required findings to be made on four separate issues where they were missing: alimony, attorney’s fees, equitable distribution, and shared parental responsibility. Corcoran v Corcoran
Berg v. Young
Berg v. Young concerns the interpretation of a prenuptial agreement. Ultimately the 4th DCA reversed the finding regarding a denial of attorney’s fees because the prevailing party should have been awarded his fees based upon a plain reading of the agreement. Also reversed was the award to the wife of attorney’s fees based upon section […]