By Scott Weiss, Esq. | Published June 7, 2022 | Posted in Alimony, Divorce | Comments Off on How Electing not to receive Social Security Benefits until “Full Retirement Age” effects Alimony
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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
Read MoreRetroactive 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
Read MoreWaiver 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
Read MoreLife 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
Read MoreCourt 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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