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Alimony

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 Read More

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COURT VACATES ALIMONY AWARD WHERE WIFE DID NOT SEEK ALIMONY IN PLEADINGS, AND FAILED TO OBTAIN ORDER ON HER MOTION TO AMEND 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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