Matthew Lane & Associates, P.A.
PALM BEACH GARDENS, WEST PALM BEACH, WELLINGTON, BOCA RATON561-328-1095

Alimony Archives

Permanent Alimony in Palm Beach Gardens, Florida

In Florida, permanent alimony is rebuttably presumed to be appropriate in a marriage that exceeds seventeen years. In a case captioned Hedden v. Hedden, the wife appealed a judgment terminating her marriage of thirty-seven years. The parties have two children. The wife was a stay-at-home mother for a majority of the marriage. The wife was last employed twelve years prior to date of the trial. The wife also had a medical condition. The trial court found that the wife had a need for support and that the husband had the ability to pay. The trial court awarded the Wife both permanent and durational alimony. The durational alimony was scheduled to end when the wife reached age 62. At age 62, the wife was eligible to receive Social Security benefits.

Reduction of Alimony by Live-In Relationships in Florida

In alimony cases, living with someone may reduce or eliminate the need for alimony when the live-in relationship is found to be substantially equivalent to a remarriage. In a recently decided case captioned Bruce v. Bruce, the wife appealed the trial court's refusal to award her alimony. The parties were married for twenty years. They had three children. The wife worked part time and took care of the children during the day. The wife had serious medical issues, including being hearing impaired and having permanent arthritis, and was a cancer survivor. The wife moved out of the marital home and into an apartment with her boyfriend. The wife denied that she was in a supportive relationship with her boyfriend. The wife contended that she owes her boyfriend back rent, which she intends to repay in the future. The wife contended that she pays for her own phone, electric and water bills and pays for her own groceries. The wife and her boyfriend have no joint financial accounts, they have no joint investments and they do not jointly own personal or real property.

Alimony in Palm Beach Gardens Florida

In a recent decided alimony case captioned Shimer v. Corey, the Florida Court of Appeal held that the lower court made a mistake when it required the Husband to purchase a life insurance policy as part of the alimony award in this case. The Florida statutes permit a court to require a party to maintain a life insurance policy to secure alimony payments. In making a decision as to whether a payor should be required to purchase insurance to secure an alimony award the trial court should consider the following factors. 

Alimony for Self-employed, Small Business Owners in Florida

In a recent alimony case captioned Gillette v. Gillette, the Florida Court of Appeal refused to impute income to a small business owner who chose to continue working in his own business rather than working for a larger employer.

Alimony Attorney in Wellington, Florida

In a recently decided alimony case captioned Barlow v. Barlow, the Florida Court of Appeal ruled that a trial court should utilize the most recent income figures available in calculating alimony and child support and not rely on past earnings. In this case the Husband appealed the trial court's ruling concerning the calculation of alimony and child support and the division of marital assets. The Court of Appeal ruled that the lower court made a mistake in calculating the Husband's bonus income. The Court reversed the lower court's ruling and required the trial court to retry the case.

Modification of Alimony in Palm Beach Gardens

In a modification of alimony case, a payor's alimony obligation can be reduced when the recipient voluntarily reduces their needs. In a recently decided case captioned Regan v. Regan, the trial court granted the Husband's petition for modification.  The trial court permitted a reduction of the Husband's alimony obligation from $9,000 per month to $7,800 a month. When the parties were divorced, they agreed that the Husband would pay $9,000 per month. The wife also received retirement accounts and investment accounts as part of the settlement. After the divorce, the wife significantly reduced her expenses by moving to another state, selling the marital house, and purchasing a smaller home. The trial court found that these reductions constituted a substantial change of circumstances and warranted a modification of alimony.

Alimony in Jupiter, Florida

In a recently decided alimony case, the Florida Court of Appeal stated that permanent alimony is intended to allow the recipient spouse to maintain the standard of living established by the parties during the course of their marriage. In this case, the parties were married for 39 years and had adult children. The parties agreed upon the distribution of their assets, but were unable to agree upon the amount of the wife's alimony award. The parties agreed that the Wife was to receive ½ of the Husband's military retirement benefits. The parties both took on debt. During the course of the marriage, the wife worked and raised the parties' children while the Husband served in the military. The wife was a bartender in the marriage's early years and was then a realtor. The wife was then in a motorcycle accident and was not working at the time of the trial. The wife was in the process of attempting to obtain disability benefits at the time that the trial took place. At the time of trial, the Husband was retired and was working on a contract basis. The husband also received a disability check.

Alimony in Wellington and Palm Beach Gardens, Florida

In a recently decided alimony case captioned Jimenez v. Jimenez, the Florida Court of Appeal stated that in reaching a decision concerning alimony, a trial court is required to consider every one of the factors set forth in the Florida Statutes. In deciding whether or not to award alimony, a trial court is required to decide whether one of the parties has the ability to pay alimony and whether the other party has the need for alimony. If a court determines that one party has the ability to pay alimony and that the other party has the need for alimony, the court is required to consider all of the following ten factors. First, the standard of living established by the parties during the marriage. Second, the length of the marriage. Third, the physical and emotional condition of each of the parties and the age of the parties. Fourth, each parties assets and liabilities. Fifth, the parties' earning capacities and the need for additional training and education. Sixth, each of the parties' contribution to the marriage. Seventh, the need to stay home with any minor children. Eighth, the tax consequences of an award of alimony. Ninth, each parties' sources of income from employment or investments. Tenth, any other factor that the court considers is necessary to reach a fair and just resolution of the matter.

Alimony in Palm Beach Gardens, Florida

In a recently decided alimony case captioned Jimenez v. Jimenez, the Florida Court of Appeal stated that in reaching a decision concerning alimony, a trial court is required to consider every one of the factors set forth in the Florida Statutes. In deciding whether or not to award alimony, a trial court is required to decide whether one of the parties has the ability to pay alimony and whether the other party has the need for alimony. If a court determines that one party has the ability to pay alimony and that the other party has the need for alimony, the court is required to consider all of the following ten factors. First, the standard of living established by the parties during the marriage. Second, the length of the marriage. Third, the physical and emotional condition of each of the parties and the age of the parties. Fourth, each parties assets and liabilities. Fifth, the parties' earning capacities and the need for additional training and education. Sixth, each of the parties' contribution to the marriage. Seventh, the need to stay home with any minor children. Eighth, the tax consequences of an award of alimony. Ninth, each parties' sources of income from employment or investments. Tenth, any other factor that the court considers is necessary to reach a fair and just resolution of the matter.

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