By Scott Weiss, Esq. | Published January 12, 2024 | Posted in Alimony, Divorce, Equitable Distribution, Family Law | Comments Off on 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
Read MoreWe 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
Read MoreFlorida 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
Read MoreFlorida 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
Read MoreOften 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
Read MoreRecently 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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