Alimony

July 7, 2011

Adultery’s Impact on Florida Divorce

Florida is a “no fault” divorce state, meaning that either spouse may seek a divorce without showing cause for the desired separation. The spouse seeking a divorce has the option to simply claim the marriage is “irretrievably broken.” Generally, Florida courts are not concerned with which party played the greater role in causing the divorce.

As a Jacksonville Divorce Attorney, I am often asked how a cheating spouse factors into a divorce in Florida. 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.

In child custody battles, a court considers the “moral fitness” of a parent seeking custody. Evidence of adulterous conduct can lower a party’s level of “moral fitness,” and decrease his or her chances of receiving custody. However, it is not an absolute bar to child custody. Often times, a larger impact will be whether the adultery had an adverse impact on the child.

July 6, 2011

Divorce and Alimony

by David M. Goldman

When deciding whether to grant alimony in a divorce case, Courts 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.

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.

May 31, 2011

Alimony In Florida

by David M. Goldman

As a Jacksonville alimony attorney, my job is to get people alimony and to keep people from having to pay alimony, depending on which party I represent. There are several factors that the courts use in determining an award of alimony. Only one factor is the length of the marriage. As such, just because you have been married for ten or more years, doesn’t necessarily mean that you are entitled to alimony. There are several other factors that are assessed when determining an award of alimony in Florida. Please contact a Florida alimony lawyer to ascertain whether or not you are a candidate for alimony or if you are going to have to pay. Most cases are not cut and dry and require a Florida alimony attorney to best represent your interests.

April 1, 2011

Alimony In Florida: Will I Have To Pay?

by David M. Goldman

Ask any Florida alimony attorney if you will be obligated to pay alimony in a divorce in Florida and the most likely answer will be: “it depends”. There are many factors that the courts use in determining whether to grant an award of alimony. Only one of which is the length of the marriage. Many people believe that if they’ve been married long enough then they will be entitled to receive alimony in Florida. That is not the case. There are numerous other factors to consider when determining a person’s right to alimony in Florida as well as in determining the length of time the alimony will be paid and in what amount. A Jacksonville alimony lawyer can provide you with information to best outfit you for the alimony battle.

March 27, 2011

Debts And Divorce In Florida: Are My Debts Dischargeable?

by David M. Goldman

As a Florida divorce lawyer, clients often ask me if their Florida alimony or Florida child support obligation is dischargeable in a bankruptcy in Florida. The answer is no. Under section 523(a)(5) of the Bankruptcy Code, virtually all obligations and debts stemming from the marriage such as credit card obligations, mortgage loans and car loans are now no longer dischargeable in bankruptcy if the obligation to pay these items stemmed from a divorce in Florida. Now, any and all obligations of whatever kind or nature flowing from a divorce in Florida are nondischargeable in bankruptcy, a change of which Jacksonville Divorce Attorneys and judges should now know.

March 16, 2011

Divorce Affected by the Economy

by David M. Goldman

An article titled, “Breaking up is hard to do because of the economy,” describes how many couples although wanting to file for divorce are stuck in their marriages because of financial woe’s. The article describes a couple who made the decision to end their marriage in the fall of 2008, but are still married and living under the same roof due to a combination of employment difficulties and the depressed housing market.

However, Linda Lea Viken, a family law lawyer in South Dakota and president of the American Academy of Matrimonial Lawyers stated, “the backlog is starting to break free.” As a Florida Family Law Lawyer, I have seen the amount of divorces begin to rise again as the economy is slowly getting better. If you have held of filing for divorce because of the economy, but now find yourself in a better position to file, contact a Florida Family Law Lawyer today.

March 9, 2011

Divorce and Florida Alimony

by David M. Goldman

People contemplating divorce tend to be very curious about the topic of spousal support otherwise known as alimony. As a Jacksonville Beach Family Law Attorney I see divorce cases involving alimony on a regular basis. When first meeting with clients who are interested in the possibility of receiving or having to pay spousal support I advise them of a few key things.

(1) Spousal support is gender neutral: meaning both men and women may be entitled to spousal support.

(2) Unlike child support, there is no strict formula or calculation to determine spousal support.

December 28, 2010

Can I get or change my Alimony

by David M. Goldman

Alimony is a term referring to the payment of certain monies as a form of financial support. It is based on the common law right of a wife to be supported by her husband. However, in 1979 the U.S. Supreme Court removed alimony’s limitation to husbands, to account for cases in which the wife is wealthier.

Traditionally speaking ex-husbands are probably thought of as being the ones ordered to make alimony payments. However, since the 1979 Supreme Court ruling referenced above, that is no longer the case. For example, U.S. soccer star, Landon Donovan, has filed for divorce from his actress wife Bianca Kajlich, and in his divorce pleadings he is requesting alimony from Bianca.

Therefore, it is important to know, if you make good money at your job, be prepared to pay alimony, regardless of whether you’re the guy or the gal.

November 4, 2010

New Florida Alimony Law!

by David M. Goldman

As of July 1, 2010 the State of Florida made significant changes to its alimony laws. These changes will affect all divorce proceedings initiated after July 1 as well as those that were initiated prior to July 1 and are still unresolved.

Durational alimony’s predecessor, permanent alimony, gave the Judge the ability to award alimony to the spouse in need on a permanent basis. However, Durational alimony no longer allows the Judge to award alimony permanently. Instead, the Judge can award durational alimony for a length of time not to exceed the length of the marriage.

This is just a small glance at what changes have been made. Look for future posts on other issues pertaining to the new alimony laws. If this change in law has a direct effect on you or someone you know contact a Jacksonville Alimony Law Attorney today.

October 19, 2010

Using Craigslist to get out of paying Alimony

by David M. Goldman

The Mississippi Family Law Blog (site down) is reporting that a man placed an add on Craigs list to try to stop his Alimony Payments.

Nice well taken care of ex-wife. Mid 40’s. Pretty and loyal. Never smoked and very little drinking. Will make someone a good companion (I know)…. Will pay 10K to the man or woman who marries her in a way that stops me from having to pay her alimony.

I’m sure the ex wife will not be happy about being marketed on Craigslist when she finds out about this.