Emotions are often running high when couples go to settle their divorces. Spouses often make rash decisions in such instances that they come to regret later. It's in situations like this a post-divorce modification may be necessary. Some of the reasons why spouses request a Fort Myers judge to take a second look at their alimony award is if the paying spouse experiences a significant decrease in their income, suffers a medical emergency or the recipient husband or wife remarries.
Receiving alimony for an indefinite period is never guaranteed. Several things can cause your spousal support payments to be terminated such as death, remarriage or cohabitation. The latter is defined as a person living with another in a marriage-type of relationship, including sharing a home and household expenses and having a social or sexual relationship with them.
Family law judges in every state including Florida use different formulas for determining how much alimony a spouse should pay another when they divorce. Even still, it's possible for husbands and wives who are ordered to pay spousal support to negotiate up or down any amounts that they ultimately have to pay or receive. Spouses must generally be able to present certain information in their Florida divorce case to warrant a deviation from the original amount.
When a judge orders a spouse to pay alimony to their ex, they enter in a court order. While you may take that to mean that they cannot seek any changes to it, that's not the case. Spousal support orders can be modified in most jurisdictions. The paying spouse must generally have a valid reason for requesting a reduction in support though. The recipient may also request an increase under the same premises.
If Florida, there's more than just one type of spousal support award that judges can make. Bridge-the-gap, lifetime and rehabilitative alimony are just some of the many options that the court has to choose from. There are many different factors that judges take into account when deciding how much support to award a spouse. The length of the marriage is one key factor.
Members of the House Civil Justice Subcommittee signed off a Republican-backed bill aimed at eliminating lifetime alimony payments in Florida this past week. The bill's supporters must now wait for the same piece of legislation to heard by state senators. If Republican lawmakers are successful in getting the bill passed on its first round in the Senate, then the legislation will be on its way to being voted on by the entirety of both legislative bodies.
If you're preparing to file for divorce, and you've begun researching what's involved in doing so, then you've likely come across information about alimony. Unless you've checked to make sure that you're reading an article that's been written in the past year, then it's likely that the information you read was outdated. New tax laws for handling alimony payments go into effect this filing year.
Florida is an equitable distribution state. This means that your Fort Myers judge will weigh the contributions each of you made to the marriage when deciding how to split up any marital property that you have. They'll also carefully weigh what's in the best interest of your child when making any custody decisions. While family law judges are supposed to only weigh these factors in rendering decisions, the ages of the petitioner and respondent often figure into their decision-making as well.
The new tax code that went into effect at the beginning of this year affected the long-standing way in which alimony payments have historically been handled. Former spouses who make alimony payments no longer qualify for tax deductions. Their recipient ex is now required to pay income taxes on what they receive. This approach to taxing alimony is significantly different from how it's historically been for the past few decades.
In May 2019, a Florida appeals judge decided that the omission of the letter "a" on a legal document should cost one divorce petitioner $1,500,000.