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 […]
Tag: Alimony
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
Alimony Reform – Senate Bill 250
Senate Bill 250 Please find enclosed Senate Bill 250 that Senator Lee filed on September 10, 2015. Also, you will find The League of Women Voter’s President’s, Pamela Goodman, informed letter to Governor Scott on the subject of alimony “reform.” As you can see from a review of Senate Bill 250, the Bill proposes a […]
Sikora v. Sikora
In Sikora v. Sikora, several errors required reversal and remand: In the absence of special circumstances, permanent, periodic alimony in an amount that exceeds the former wife’s established need is error. The trial court erred by imputing income to the former wife from her retirement accounts where there was no evidence to support the imputation. […]
Retirement Accounts in Divorce: Assets or Income?
According to Florida law, retirement accounts can be treated as both an asset AND a source of income for alimony purposes. So, in the context of seeking alimony modification due to retirement, courts are correct to look at retirement accounts now in pay (distribution) status as sources of income for the alimony payor, even though […]
How Does Alimony In Florida Work?
Florida sets out the parameters for Alimony within Florida Statute § 61.08. When determining whether your case is subject to an award of alimony, there are many different factors to consider. Right now alimony, unlike child support, is not a black and white calculation. The analysis is more subjective and in general “need based.” To […]