Alimony

July 19, 2012

“Grey Divorces” Present Unique Challenges

According to new data the trend known as “grey divorce” appears to be picking up steam. The numbers of senior divorces in the country continues to grow and with the baby boomers aging the amount will likely rise even faster.

Susan L. Brown and I-Fen Lin at Bowling Green State University’s National Center for Family & Marriage Research Center conducted research that indicated the divorce rate among those over 50 years old had doubled between 1990 and 2009. This shocking figure was true even for those over the age of 65, proving that it is not a phenomenon limited to divorce-prone boomers.

These same researches are predicting that the trend will only continue to escalate. The reason is that those who have already been through one marriage and are now remarried are more than 2.5 times more likely to divorce again than those who are still on their first marriage.

May 28, 2012

The Battle over Alimony Continues

by David M. Goldman

Every person in the state of Florida, who is either thinking about getting married, engaged, or already married is concerned about the battle over the state’s alimony laws. WJHG.com recently reported about a man, who wished to remain anonymous, that was required to continue to pay his ex-wife $2000 in alimony payment even though he had been injured in an accident and could not even pay his medical bills. Despite his obvious change in financial circumstances, he is still required by law to meet his alimony obligations because Florida is one of the few states in the nation that allows for permanent alimony.

Because of these laws, the Florida Alimony Reform Group has surfaced and has made the reformation of Florida’s alimony laws its primary purpose. Their website states their legislative and political goals. One of the goals is to limit the amount of discretion that judges have in awarding alimony in divorce cases. The group believes that antiquated attitudes regarding gender roles and stereotypes have influenced the way that Florida adjudicates alimony claims. The group expresses its concerns in the following way: “While divorces in Florida are technically ‘no-fault,’ they reflect attitudes and realities from America in the 1950s, when the divorcing husband was the sole breadwinner and always considered ‘the bad guy’ in divorce, while the wife was considered ‘the helpless victim.’ These antiquated stereotypes still drive much of what happens in the state’s family courts. Because of these laws and attitudes, it is common for healthy, employed women in their 30s and 40s to receive permanent alimony.”

This year, the Florida Alimony Reform Group suffered a major setback when it proposed legislation that would drastically reform the state’s alimony provisions, but the bill failed to pass the Senate. Now the group must wait for at least one year before it hopes to see any changes in the alimony laws. The family law section of the Florida Bar is prepared to fight to support the law as it is now.

April 23, 2012

Alimony Basics for a Florida Divorce

by David M. Goldman

When deciding whether to grant alimony in a divorce case, courts in Jacksonville, Florida consider many factors, including the length of the marriage, the spouses’ employment prospects, the age of each party, their standard of living, their marital contributions, their available income and assets, and the fairness of the situation.

Generally, the shorter you’ve been married, the less likely you will be awarded alimony. Similarly, age is important. If one of the spouses is about to retire, alimony might be more likely.

Jacksonville, Florida courts also consider marital contributions. You might complain that your spouse watched TV all day for twelve years while you worked fifty hours a week. You might think this means your spouse should not be entitled to alimony; however, the court will likely not consider this in granting alimony. Similarly, if your spouse ran up huge credit card debt, he or she may still be entitled to alimony. The court might look more favorably to you, however, if those debts were ran up without your knowledge.

April 10, 2012

Heidi Klum Officially Files For Divorce From Husband Seal

by David M. Goldman

Three months after announcing an amicable separation, super model Heidi Klum officially filed for divorce from husband Seal this past Friday. Klum, 38, cited the typical divorce language, “irreconcilable differences,” in her Los Angeles County divorce papers.

Reports are suggesting that Klum has requested to be awarded primary physical custody of the couple’s four children; Leni 7, Henry 6, Johan 5 and Lou 2. Also it is believed the parties had a prenuptial agreement in place prior to saying their vows. Only time will tell if this will be an amicable divorce or whether we’ll see another nasty celebrity divorce.

If you’re considering filing for divorce and want to know how to proceed, contact an Orange Park Divorce Attorney today to schedule a free consultation.

April 6, 2012

Bubba the Love Spounge’s Alimony Obligation to Ex Wife

by David M. Goldman

In September 2011, after 4 1/2 years of marriage shock jock, Bubba the Love Spounge Clem, filed for divorce from his wife, Heather Dawn the Love Spounge Clem, stating the marriage was “irretrievably broken and should be dissolved.” With Bubba having a net worth estimated to be in the millions one would think that the divorce would be highly contested. Not to mention the fact that Bubba is known for making harsh and outrageous comments that often end up stirring up controversy.

However, prior to the 2007 nuptials the parties entered into a prenuptial agreement. And as of a February 13th settlement agreement it appears as though the parties’ assets were divided up pursuant to the prenuptial agreement. Bubba’s now ex wife will receive $1,150 a month in alimony payments lasting for a total of 56 months. She also will receive a one time lump sum payment of $20,000.

Further, both parties agreed, “not to interfere with, annoy, molest or harass the other party or disparage the other party in public,” with special mention made of speaking “on air” about each other. Bubba even went to his twitter account to urge his followers not to disparage his now ex wife.

April 2, 2012

Bill inspired by Crystal Harris Gaining Traction in California.

by David M. Goldman

You may have heard the story of Crystal Harris, a woman in California who was sexually assaulted by her husband. Ms. Harris pressed charges, and her husband was convicted of sexual assault in part because of a recording that caught the audio of the ordeal.

Spousal rape cases, however, are typically very difficult to prosecute. Ms. Harris’s husband was convicted only of sexual assault; the jury was unable to reach a verdict on two other charges, including spousal rape. The most heartbreaking aspect of Ms. Harris’s story was how the court handled the legal fees: the judge ordered her to pay the husband’s legal bills from the divorce and, even worse, she was forced to pay alimony from their divorce. In other words, she was forced to pay money to the man she had just divorced because of his sexually abusive behavior.

Of course, many people were outraged when they heard about the situation. In California, the family law code currently provides that a judge can consider the criminal conviction in adjusting spousal support, but a spouse convicted of attempted murder will not receiving anything. Lawmakers are trying to change that language to disallow spousal support for any spouse convicted of any violent felony.

March 31, 2012

The Top Ten Most Expensive Celebrity Divorces

by David M. Goldman

Ever wonder how much some celebrities have paid their spouses in their divorces? As an Amelia Island Divorce Attorney I know I have. See listed below the 10 most expensive celebrity divorces:

10 – Michael Douglas and Diandra Douglas in 1988. Diandra received $45 million when they split in 2000

9 – Phil Collins and Orianne Cevey in 2003. The couple split in 2008 cost Collins almost $47 million

8 – Paul McCartney and Heather Mills finalized their divorce in 2008. Heather walked away with $48.6 million

7 – James Cameron and Linda Hamilton hold some of ‘Titanic’s’ 11 Oscars in 1998. The couple split and Linda left with $50 million in 1999

6 – Madonna’s divorce from Guy Ritchie cost between $76 million and $92 million

5 – Cindy Silva and Kevin Coster in 1992. The couple split in 1994 to the tune of $80 million

4 – Melissa Mathison and Harrison Ford in 1998. The couple split in 2004 and Mathison walked away with $85 million

3 – Amy Irving and Steven Spielberg meet Princess Diana in 1985. Amy and Steven split in 1989 and she left the marriage with $100 million

2 – Neil Diamond and Marcia Murphey in 1975. the couple split in the ’90s and Marcia left the marriage with $150 million

1 – Michael Jordan and Juanita Jordan in 2000. Juanita received $168 million when they split in 2007.

You may not be as wealthy as the above listed celebrities but I’d bet you still don’t want to lose a substantial amount of money in your divorce. If so, contact an Amelia Island Divorce Attorney today to schedule a free consultation.

March 30, 2012

Alimony and Divorce

by David M. Goldman

When deciding whether to grant alimony in a divorce case, courts in Yulee, Florida consider many factors, including the length of the marriage, the spouses’ employment prospects, the age of each party, their standard of living, their marital contributions, their available income and assets, and the fairness of the situation.

Generally, the shorter you’ve been married, the less likely you will be awarded alimony. Similarly, age is important. If one of the spouses is about to retire, alimony might be more likely.

As a Yulee Divorce Lawyer I know Yulee, Florida courts also consider marital contributions. You might complain that your spouse watched TV all day for twelve years while you worked fifty hours a week. You might think this means your spouse should not be entitled to alimony; however, the court will likely not consider this in granting alimony. Similarly, if your spouse ran up huge credit card debt, he or she may still be entitled to alimony. The court might look more favorably to you, however, if those debts were ran up without your knowledge.

March 29, 2012

Dennis Rodman Facing Jail Time For Non-Payment of Child Support and Spousal Support

by David M. Goldman

Recent reports are suggesting that NBA Hall of Famer, Dennis Rodman, may be facing up to 20 days in jail for failure to pay his ex wife court ordered child support and spousal support. Michelle Rodman is claiming that the Hall of Famer owes $51,441 in back spousal support and $808,935 in back child support for the parties’ 9 and 10 year old children. Michelle Rodman is also seeking attorney’s fees for having to bring a court action against the Hall of Famer. However, the former NBA star’s attorney is arguing Rodman is sick and broke and has no ability to pay the large amounts of child support and spousal support.

As a Child Support Attorney I see cases similar to Rodman’s all the time. Although, many cases do not involve back child support and spousal support in the amounts claimed above. In Ponte Vedra, Florida Judges take non-payment of child support very seriously. However, these Ponte Vedra Judges are restrained by the law and can only order jail time in very limited circumstances.

For instance, to put a non-paying parent in jail a Ponte Vedra Judge must:(1) find that the parent is willfully failing to pay the ordered child support amounts, (2) make the affirmative finding that the non-paying parent possesses the ability to comply with the purge amount and (3) put the above two requirements in a written order.

March 16, 2012

My Spouse Cheated! Does it matter in the terms of a Divorce?

by David M. Goldman

Florida is a “no fault” divorce state. This means that either spouse may seek a divorce without showing cause for the desired separation. The petitioning spouse does not have to claim that the other spouse was the cause of the failed marriage.

The spouse seeking a divorce has the option to simply claim the marriage is “irretrievably broken.” Generally, Florida courts and courts in the Jacksonville area are not concerned with which party played the greater role in causing the divorce. Jacksonville Judges do not need to know why the marriage is ending, they simply need to know that it is irretrievably broken and counseling would not help salvage it.

As a Jacksonville Divorce Attorney, I am often asked how a cheating spouse factors into a divorce in the Jacksonville area. While adulterous conduct does not factor into the court’s decision to grant a divorce, it can impact other important issues raised in a divorce. What other issues?