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Understanding the Benefits of a Prenuptial Agreement

Introduction Marriage is not just a romantic relationship; it’s also a financial and legal partnership. This is where a prenuptial agreement comes in. Commonly known as a “prenup,” this legal document isn’t about distrust or pessimism; it’s about being practical and prepared. Let’s delve into why it’s a wise choice for couples. What is a Read More

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How Electing not to receive Social Security Benefits until “Full Retirement Age” effects Alimony

We often see parties in long-term marriages filing for Dissolution of Marriage while in their 60s. When addressing a party’s need for alimony, the Court must look at all sources of income for the recipient spouse. Social Security benefits received by the recipient spouse are considered income pursuant to Fla Statute 61.08. How about a Read More

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Where Can I File For a Modification of My Alimony Obligation?

Pursuant to Florida Statute 61.14 “either party may apply to the circuit court of the circuit in which the parties, or either of them, resided at the date of the execution of the agreement or reside at the date of the application, or in which the agreement was executed or in which the order was Read More

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Retroactive Modification of Alimony Based on Payee Being in a Supportive Relationship

Florida law provides for a Modification or Termination of an alimony obligation when the payee is living in a supportive relationship (see Florida Statute § 61.14(1)(b) ). A “supportive relationship” obviously begins prior to the payor filing his/her Petition for Modification.  The question that I am often asked, is “since my ex started living with Read More

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Waiver of Modification of Alimony For Supportive Relationship

Florida Statute 61.14(1)(b)1 allows for a modification of alimony if the obligee former spouse is in a supportive relationship. The statute provides in pertinent part that: The court may reduce or terminate an award of alimony upon specific written findings by the court that since the granting of a divorce and the award of alimony Read More

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Life Insurance to Secure Alimony Obligation

Often when Courts award alimony they also order the payor former spouse to secure his or her alimony obligation with a life insurance policy.  In fact Florida Statute 61.08(3) states in pertinent part: To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony Read More

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Court Vacates Alimony Award Where Wife Did Not Seek Alimony in Pleadings

Recently the 3rd DCA in the case of McClain v. McClain, vacated an award of permanent alimony to the Wife where the trial court made the award even through the Wife never plead for alimony. The Wife, who was represented by counsel, filed an answer to the Husband’s Petition which did not seek alimony or Read More

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