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Category: Alimony

Florida Alimony Reform — Part II

Continued from Part I. Gov. Scott vetoed the Florida alimony reform bill discussed in Part I of this post, based on the bill’s applying retroactively to alimony orders entered in the past, even many years prior to the bill’s passage. There is a pretty good chance there will be a push in upcoming legislative sessions for alimony reforms similar to those passed this year, without perhaps a provision for retroactive application, so it is worth the time I think to look at some of the other significant alimony provisions in this past session’s bill. The bill removed the standard of living established during the marriage as a factor to consider in awarding alimony, and replaced that with “the needs and necessities of life” after the divorce, “taking into account the lifestyle of the parties during the marriage” and subject to a presumption that each party’s lifestyle will diminish following the

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Florida’s New Alimony Bill (Part I)

A new Florida alimony law recently was passed by Florida’s House of Representatives and Senate, and if signed by Governor Scott, goes into effect on July 1, 2013. An extremely significant provision of the new law is that it also applies retroactively to alimony orders entered before July, 2013 – more about that Part II or III of this post (The act that passed through the legislature also makes a change to the valuation of real estate in particular scenarios in a divorce, and a change to Florida’s time-sharing statute, creating a provision in the statute that equal time-sharing is in the best interests of the child(ren), unless certain conditions are present). The alimony provisions of the act would change the definition of short-term marriage to less than 11 years; define a mid-term marriage as 11 to less than 20 years; and long-term as 20 years or more. The current

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Recent Guidance Regarding the Marital Standard of Living and Calculating Florida Alimony — Quinones v. Quinones

The Third District Court of Appeals – the Florida appeals court covering Miami-Dade and Monroe Counties, decided a case this year that provides guidance regarding what it means to use the marital standard of living for determining Florida alimony – Quinones v. Quinones, 37 Fla. L. Weekly D 699 (Fla. 3rd DCA, Mar. 21, 2012). The Florida alimony statute, Florida Statutes Section 61.08, lists a number of factors to consider in determining whether to award permanent alimony, or other types of alimony called durational alimony, rehabilitative alimony, and bridge-the-gap alimony. The Quinones case involved an award of permanent alimony, and this post will focus on what it means to use the “marital standard of living” in determining the amount of monthly permanent alimony. “Permanent” alimony continues until one former spouse dies or the payee remarries, and can also be modified if the payee enters into a “supportive relationship” or there

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Important Change to the Rules for Permanent Alimony in Florida

Florida’s alimony statute, F.S. § 61.08, has gone through some significant changes over the past two years. There are rules now which help spell out what are “long-term”, “short-term” and “moderate-term” marriages – see F.S. 61.08(4). The Florida legislature defined a new kind of alimony – “durational alimony”, which is something in between permanent and “bridge-the-gap” alimony, and can have a duration up to the length of the marriage – e.g. a maximum term for durational alimony of 10 years, following a 10 year marriage. One of the most significant changes in the statute is an addition to the permanent alimony section, F.S. 61.08(8): “In awarding permanent alimony, the court shall include a finding that no other form of alimony is fair and reasonable under the circumstances of the parties.” Before the changes to the alimony statute, and before the recent change adding this sentence, a conventional wisdom was that

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Losing Alimony in Florida Divorce Cases — Hill v. Hill (Part II)

The dissent in Hill v. Hill, 36 Fla. L. Weekly D 475 (Fla. 3rd DCA, March, 2, 2011) saw the case much differently than the majority. The dissenting Judge saw the majority’s opinion as overturning the trial court’s order from 1990, even though the time for appealing the decision had expired long ago, and the Husband had never appealed. The trial judge’s order in 1990 provided that the trial court was retaining jurisdiction to address alimony at a later date, in contemplation of the Husband’s income increasing when he began receiving his pension. From the dissent’s perspective, that decision became final thirty days after it was filed, and if the Husband had been dissatisfied with the order he should have appealed within the required time-frame. The dissenting opinion also addressed several legal arguments regarding whether the Husband had “waived” any objection regarding jurisdiction to consider alimony, and whether the appeals

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Losing Alimony in Florida Divorce Cases — Hill v. Hill

The Florida Court of Appeal for the 3rd District of Florida (the appeals District that covers Dade and Monroe Counties) recently filed a significant opinion dealing with what has to happen for a court to “reserve” jurisdiction to award alimony, Hill v. Hill, 36 Fla. L. Weekly D 475 (Fla. 3rd DCA, March, 2, 2011). The opinion isn’t final yet – one of the parties has filed a Motion for a Rehearing – i.e. a request for the appellate court to hear the case again and reconsider its opinion. I’ll include in a future post more about the different courts in Florida, and the appeals process. Reserving jurisdiction regarding alimony means the court is not awarding alimony at the time of the divorce, but is saying it will consider awarding alimony in the future. This is allowed under Florida law, for example, when one spouse needs alimony at the time

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