A durational alimony case was recently decided by the Florida Court of Appeal in a case captioned Rhoden v. Rhoden. In this case the husband filed a Petition for Dissolution of a thirty-five year marriage. The husband denied that wife required alimony, and denied that he was able to pay it. The Court stated that the wife hadContinue reading “WHEN IS DURATIONAL ALIMONY AWARDED IN FLORIDA?”
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Author Archives: Matthew Lane
HOW IS INCOME IMPUTED FOR PURPOSES OF ALIMONY IN FLORIDA?
An alimony case involving imputation of income was recently decided by the Florida Court of Appeal in a case captioned Jorgensen v. Tagarelli. In this case the wife appealed a final judgment in which the lower court incorrectly imputed income. In the case at bar, the wife earned $118,000, in 2016. The parties separated, and the wife voluntarilyContinue reading “HOW IS INCOME IMPUTED FOR PURPOSES OF ALIMONY IN FLORIDA?”
WHAT IS THE STANDARD TO AWARD DURATIONAL ALIMONY IN FLORIDA?
A durational alimony case was recently decided by the Florida Court of Appeal in a case captioned Johnson v. Johnson. In this case, the husband and wife were married in 2006. They have two children. The husband worked in retail, and the wife was an auditor. The wife’s income substantially exceeded the Husband’s. In 2011, the husband stopped workingContinue reading “WHAT IS THE STANDARD TO AWARD DURATIONAL ALIMONY IN FLORIDA?”
WHEN IS PERMANENT ALIMONY APPROPRIATE IN FLORIDA?
An alimony case was recently decided by the Florida Court of Appeal in a case captioned Baron v. Baron. In Barron v. Barron, the Wife appealed a Final Judgment of Dissolution of Marriage that denied her request for permanent periodic alimony. The parties were married for twenty years. Rather than awarding the former wife permanent support, the trialContinue reading “WHEN IS PERMANENT ALIMONY APPROPRIATE IN FLORIDA?”
WHEN WILL A COURT AWARD PERMANENT ALIMONY IN FLORIDA?
In a recently decided alimony case captioned Harkness v. Harkness, the wife appealed the final judgment dissolving her marriage and awarding her durational alimony. The husband and wife were married for more than nineteen years. During the marriage, the husband worked full time, and the wife was a stay at home mother raising the parties’ children. After theContinue reading “WHEN WILL A COURT AWARD PERMANENT ALIMONY IN FLORIDA?”
HOW IS THE AMOUNT OF ALIMONY CALCULATED IN FLORIDA
In an alimony case captioned Waldera v. Waldera, the trial court was presented with evidence concerning the Husband’s income during the previous ten years. However, the trial court only considered the Husband’s income during the one year period that preceded the entry of the Final Judgment. The Florida Court of Appeal ruled that this was error. CalculatingContinue reading “HOW IS THE AMOUNT OF ALIMONY CALCULATED IN FLORIDA”
WHEN IS PERMANENT ALIMONY AWARDED IN FLORIDA?
In a recently decided alimony case captioned Ritacco v. Ritacco, the Husband and Wife were married for more than twenty-two years. The Husband was the sole income provider during the marriage. The Wife raised the parties’ daughters, and did not work outside of the home. The Husband receives a salary, a pension, and owns a DROPContinue reading “WHEN IS PERMANENT ALIMONY AWARDED IN FLORIDA?”
Divorce Child Support – College Expenses
In a divorce proceeding, an agreement to provide for a child’s college expenses includes an agreement to provide for room and board. In Weaver v. Corey the Florida Court of Appeal stated that: “The Former Wife and Former Husband entered into a marital settlement agreement…as part of the dissolution of their marriage….By the terms of the agreement, the partiesContinue reading “Divorce Child Support – College Expenses”
Palm Beach Gardens Divorce – Award of Attorney’s Fees
In a divorce proceeding, even if the record supports an award of attorney’s fees, the failure to include the necessary findings in the order constitutes reversible error. In Bradham v. Bradham, the Florida Court of Appeal recently stated: “Timothy Bradham, the former husband, appeals the trial court’s order modifying his alimony obligation and requiring him to pay attorney’sContinue reading “Palm Beach Gardens Divorce – Award of Attorney’s Fees”
Divorce in Wellington, Florida – Award of Attorney’s Fees
In a divorce proceeding, notwithstanding the lack of reservation of jurisdiction to enforce a charging lien, the trial court retains jurisdiction to enforce a charging lien where the trial court reserves jurisdiction to award fees. In Card v. Card, 38 Fla. L. Weekly D2015, 2016 (Fla. 2d DCA September 20, 2013), the Florida Court of Appeal recently stated: “CounselContinue reading “Divorce in Wellington, Florida – Award of Attorney’s Fees”
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