When does alimony stop in Florida?
Alimony can stop in Florida by agreement of the parties at any time. Alimony also stops when the alimony obligation is fulfilled. For instance, durational alimony, when the duration ends so does the alimony. Alimony in a permanent periodic situation generally ends upon the death, remarriage of a party receiving alimony, or upon them entering into a supportive relationship as defined by the Florida statutes.
What is rehabilitative alimony?
Rehabilitative alimony is often use to establish or re-establish a persons ability to become self-supporting. Either through the redevelopment of previous skills or the development of education training and experience necessary to renter the job market and become self-supporting.
What impact could my dating have on post-separation support and alimony in Florida?
Your dating should have little, if any, impact on post-separation or temporary support. However, your dating, if you end up moving in with someone and engaging in other activities, could justify the court in modifying or terminating an award of alimony.
My ex-spouse threatened to file for bankruptcy. What happens to my Alimony payments in Florida?
Alimony is a nondischargeable obligation in bankruptcy. What that means is that if your spouse files bankruptcy or they're just threatening to file bankruptcy, you can be assured that they will still owe you your alimony.
If a spouse remarries, does this terminate his obligation to pay alimony in Florida?
When your ex-spouse remarries, if they're paying you alimony this does not alone terminate their obligation to pay alimony. If there are other factors that justify a court modifying or terminating an alimony award, they must be present for the court to modify or terminate the alimony award. Their getting remarried alone does not modify the alimony award.
I lost my job and cannot afford my alimony payment. What can I do?
The first thing is keep looking for a job. The second thing is file the appropriate motion with the court. You can file a motion seeking to suspend or abate your support payments while you're looking for a job. You can also file a supplemental petition to modify your alimony obligation if you believe that you will not be able to find a job that will pay as much as your last job.
How does marital fault affect alimony in Florida?
Florida's a no fault divorce state, which means only one party needs to think the marriage is irretrievably broken for the divorce to happen. Now fault does come into play in certain limited circumstances when addressing other issues in a divorce. It's important that you talk about all of your circumstances with your lawyer so it can be determined whether those circumstances would affect any of the other issues in your divorce.
Who pays taxes on spousal support in Florida? The payer spouse or the payee spouse?
Generally, the person receiving the alimony will pay the taxes on the alimony because they have to declare it as income on their income taxes. The person paying the alimony gets to deduct that from their income, and therefore they're not paying taxes on it. However, it's always important to talk to your accountant to make sure that you can deduct or that you have to add this to your taxable income when filing your taxes.
What if my ex-spouse is delinquent in alimony payments? What can I do in Florida?
If your ex-spouse is delinquent in alimony payments in Florida, you can first try talking to your ex-spouse and see if you can reach an agreement as to how the back alimony could be repaid. If you're unable to reach an agreement, you can file a motion for contempt or a motion to enforce your ex-spouse's alimony obligation. The court will determine whether an alimony obligation exists and whether the other party has the ability to pay that alimony. The court will then order the other party, if the circumstances merit, to pay that alimony and also assess other punishments, which can be discussed further with your attorney.
Are there different types of alimony in Florida?
There are different types of alimony in Florida. There's temporary alimony, which is where the parties agree, or the court order is temporary alimony to try and maintain the status quo during the pendency of litigation. There is rehabilitative alimony, which is designed to rehabilitate a party's earning capacity so that they are better able to support themselves and their minor children once the divorce is over. There's permanent periodic alimony, which is designed to be paid month after month, year after year, usually until a party remarries, dies, or enters into a supportive relationship as defined by the Florida statutes. There's durational alimony, which is designed for a set period of time, could be a number of years, could be a matter of months. Then there's bridge-the-gap alimony, which is designed to bridge the gap from being married and living one lifestyle to being single and living a lower lifestyle.
Can a court award two kinds of alimony at the same time in Florida?
In Florida a court can award two types of alimony at the same time. The common scenario is where the court orders rehabilitative alimony to assist a party in rehabilitating their earning capacity so they are better able to support themselves and their minor children. The court can also award permanent periodic alimony to that same spouse.
Can alimony be modified or terminated in Florida?
Alimony can be modified or terminated in Florida either by agreement of the parties or order of court. If you're seeking a court order modifying or terminating alimony, the facts of each case must justify such modification or termination of the alimony obligation.
Can a person insert an anti-modification-of-alimony clause in the property settlement in FL?
If the parties agree that there should be an anti-modification clause placed into their marital settlement agreement, the court will approve that, so yes, a party can add an anti-modification clause into their marital settlement agreement in the state of Florida.
Can a person limit their exposure to alimony by having a prenuptial agreement in Florida?
Yes, a person can limit their exposure to alimony with the use of a prenuptial agreement. However, it's important that you discuss with your lawyer the terms of a prenuptial agreement and the circumstances surrounding its execution, as there are certain formalities that must be followed in order to make the prenuptial agreement enforceable.
Can I renegotiate the length of time I receive alimony in Florida?
If the other party is willing, you can renegotiate the length of time you receive alimony in the state of Florida. You can also renegotiate any other terms of your marital settlement agreement or court order.
Can men seek alimony in Florida?
Men can seek alimony in Florida. The courts treat men and women equally under the law. The court will look into the financial circumstances of each party and determine need and ability to pay when determining who if either party should be awarded alimony.
Can my ex-wife collect back-alimony when she did nothing about my non-payment for years?
Usually your ex-wife can collect the back alimony even if she's done nothing for a few years. If it's been a significant amount of time that's passed, there are circumstances where a court would not make you pay back all of the alimony. You should discuss your particular circumstances with your attorney.
Does my ex husband have to continue paying alimony if I am now living with another man?
The short answer is maybe. Usually alimony is terminated upon the remarriage, death, or the entering into of a supportive relationship as defined by the Florida statues, where you're living with another man. The court can analyze the facts surrounding that living arrangement and determine whether those facts taken in total justify a termination of the alimony based on that supportive relationship.
How does a spouse's earning capacity affect alimony in Florida?
A spouse's earning capacity is one factor that the court looks at in determining whether or not to award alimony, and if so, how much, in a particular case. A person's earning capacity is either, A) their actual income, or B) what they could make according to their education, training and experience. However, the court must first determine if the other party has a need for alimony in each case.