Alimony Criteria In the last few weeks we have been discussing various aspects of alimony in Florida. We talked about the various types of alimony (temporary, bridge-the-gap, rehabilitative, durational, permanent and lump sum) and we began discussing the criteria for awarding alimony. The Florida statutes set out 10 criteria to consider in an award for alimony. We have talked about …
Modification of Child Support
The obligation to pay child support is a fact of post-divorce life in Florida. In a divorce proceeding, the courts will put an Order of Child Support in place to ensure the children are taken care of financially. This obligation cannot be waived or contracted around, unlike other some other rights and obligations. Another fact of life is that sometimes, …
Florida Prenuptial Agreements – What’s Covered
There was a time in the not too distant past (50’s, 60’s and 70’s) when the mention of a premarital or prenuptial agreement raised an eyebrow or two. It conjured up visions of celebrity marriages, May- December romances and sugar daddies (not the candy!). In today’s world the view of premarital agreements has changed greatly. Now it may be a …
Gray Divorce – a Rising Trend
Over the last decade there has been an increase in the number of older, long-married couples seeking a divorce. Twenty years ago about 1 in 10 couples over 50 would seek divorce. Now that number has more than doubled; more than 1 in 4 couples over 50 are divorcing. The New York Times has dubbed it “The 37 Year Itch” …
Alimony Awards: What Are The Criteria?
In our last post on alimony we listed the statutory criteria in Florida for determining whether alimony awards are appropriate. We continue this discussion. Keep in mind that whether alimony awards occur or not first and foremost depends on whether there is a need for support of one spouse and an ability to pay on the part of the other …
Getting Divorced: A “Simple” Thing?
You and your spouse have decided that you no longer want to be married. You think that getting divorced will be simple, because you pretty much already agree on everything. While that agreement certainly helps smooth the process, it may not be as simple as you may think. Many people think – often mistakenly – that a “do-it-yourself” divorce will …
Alimony in Florida
Alimony is the payment of money from one divorcing spouse to another, made after the separation or divorce. The concept of alimony has been around at least since the time of the ancient Babylonians, so it is nothing new. The purpose of alimony is for support and maintenance of a former (or soon-to-be former) spouse. Alimony is separate from child …
Best Interest of the Child Part 3
In our two prior installments on this topic (Part 1 and Part 2), we have been looking at what the Florida courts consider when determining the “best interest of the child.” While most states use this standard, Florida has very specific criteria to determine time-sharing based on the best interest of the child. These criteria are set out in the …
How Are Debts Divided In A Divorce?
It’s not an easy choice, but you have decided to end your marriage. There are so many questions surrounding this decision, such as parenting responsibility and property settlement. One important aspect of a divorce is what happens to the debts that you have accumulated during the course of your marriage. Of course, if you and your divorcing spouse can come …
Best Interest of the Child – Part 2
In the first article in this series we talked about how courts determine custody (in Florida, time-sharing) using the “best interest of the child” standard. Most states use this standard, but some states keep the definition of the phrase very vague, leaving interpretation to the judges. Florida sets out very specific criteria for determining the best interest of the child, which …