Archive for the ‘Alimony in Divorce’ Category
Florida Alimony System Remains Controversial Despite Reforms
Wednesday, July 6th, 2011Florida law regarding the calculation of alimony is currently in a state of flux. Current legislation is pending to reform the legal standards for determining alimony in Florida because of the potential hardship that it works in particular cases. Alimony is such a contentious issue in Florida that a formal organization has been developed to reform alimony called Florida Alimony Reform Inc. The organization claims that wives initiate 70 percent of Florida divorces but that husbands are the one’s ordered to pay alimony in 97 percent of those divorces. The organization also claims that Florida accounts for 8 percent of the total amount of alimony ordered throughout the U.S.
The Florida Legislature in the 2011 session enacted changes designed to make the system more fair for those ordered to pay alimony in Florida including:
- Prohibition of alimony terms in which the recipient’s net income significantly exceeds the payer’s.
- Add to the factors family law judges may consider in setting alimony terms.
Critics contend that the reforms do not go far enough because the alimony system in Florida prevents many of those ordered to pay from being able to afford to retire. The Florida Alimony Reform Inc organization ultimately seeks to eliminate permanent alimony. A billboard has been constructed on a member’s property in Polk County that promotes the organization’s message: “Stop Permanent Alimony”.
The paying spouse that put up the sign which provides a contact number for the organization claims that he is still laboring under the burden of paying back $90,000 in attorneys fees including $36,000 of his ex-wife’s attorney’s fees. The paying spouse contends that the burden to repay the attorney fees and almost a thousand dollars per month in alimony is an unfair burden.
It remains to be seen how the reforms to the current alimony system in Florida will impact divorces in Florida. There is little question that many ordered to pay alimony in Florida end up making substantially less than their spouse. Many ordered to pay permanent alimony find that if they go back to court to seek relief by filing for a modification of alimony see the amount of the order go up when the paying spouse remarries or their child support obligation terminates.
If you are facing a divorce in Broward County and were the higher wage earner in the marriage, you may be ordered to pay alimony. We represent those throughout Florida in alimony matters both in divorce and modification proceedings. Eric N. Klein & Associates provides legal representation throughout Florida and offers a free initial consultation so call us today at 954-580-8080 and speak with a Broward County divorce attorney today.
The Interplay between Alimony and Property Division
Thursday, May 26th, 2011While the issues of alimony and property division in a Florida divorce are independent issues, they are inter-related and the resolution of one issue can impact the other. This is an important reason to seek the advice and representation of an experienced family law attorney who understands how the resolution of property and debt division may impact spousal support orders both in terms of the amount of spousal support ordered and the duration of the obligation to pay such support. The case of Hamlet v. Hamlet, 583 So. 2d 654 (Fla. 1991) provides an illustration of how the type of property allocated between the parties to a divorce can effect spousal support orders.
In the Hamlet case, the wife appealed a judgment that she was not entitled to periodic alimony payments because the court made an equitable distribution of substantial assets from the marriage. The wife never worked during the marriage, and the husband owned a lucrative computer business. The Florida Supreme Court held that permanent periodic alimony was proper even though the property was equitably split. Florida’s highest court emphasized alimony balanced the inequities that resulted from the allocation of income-generating properties that were acquired during the marriage. Because the husband was awarded a disproportionate amount of the property that generated ongoing income, this was an important consideration in upholding ongoing alimony.
The court found the trial court did not abuse its discretion in awarding permanent periodic alimony, especially because the wife’s earning capacity was diminished due to the time she spent on raising children. The court approved the spousal support order to the wife because alimony balanced the inequities that resulted from petitioner’s lack of earning capacity, which was based upon her decision to stay home and raise the children during the marriage.
Permanent periodic alimony is used to provide the needs and the necessities of life to a former spouse as they have been established during the marriage. The two primary elements to be considered when determining spousal support are the needs of one spouse for the funds and the ability of the other spouse to provide the necessary funds.
The criteria that is used in establishing this need include the parties’ earning ability, age, health, education, the duration of the marriage, the standard of living that is enjoyed during its course, and the value of the parties’ estates. While permanent periodic alimony is most commonly used to provide support, in limited circumstances its use can be appropriate to balance such inequities as might result from the allocation of income-generating properties that are acquired during the marriage. Because the wife did not receive properties that would generate ongoing income, the alimony order was appropriate.
Our Fort Lauderdale divorce attorneys at Eric N. Klein & Associates, P.A. represent clients throughout Florida in alimony disputes so call us at 954-580-8080.
Florida Alimony: What Happens When a Rehabilitative Plan Fails?
Tuesday, May 10th, 2011There are several different types of alimony that may be awarded by a court in a Florida divorce. These types of spousal support serve different functions. A permanent spousal support order is intended to provide financial support to the economically disadvantaged spouse until the recipient spouse dies or remarries. This type of support is awarded for a long-term marriage based on the assumption that the disadvantaged spouse is unlikely to ever be reasonably self-sufficient. Another type of spousal support awarded in Florida divorces is rehabilitative alimony, which is intended to help a spouse become self-supporting. Rehabilitative spousal support is designed to permit a spouse to obtain education and training so that once the rehabilitative alimony is terminated, the recipient spouse can provide for her own needs. However, sometimes rehabilitative plans do not work out so a spouse is not in a position to be self-supporting. In the case of Pettry v. Pettry, 768 So. 2d 8 (Fla. Dist. Ct. App. 5th Dist. 2000), the court provides an interesting analysis of how such situations are handled under Florida law.
In the Pettry case, the wife sought to convert her rehabilitative alimony award into a permanent alimony award. The wife had been awarded rehabilitative alimony in order to obtain a nursing or comparable degree. Ultimately, she obtained a master’s degree in business and obtained employment as a teacher. Her income approximated that which she would have earned had she obtained a degree in nursing. Based on this, the court determined that the plan for the wife’s economic rehabilitation was successfully executed.
The court noted that her educational expenses were certainly anticipated at the time the rehabilitative alimony award was fashioned and presumably the alimony funds were to be used to offset at least some of those expenses. The court reasoned that the fact that the wife exercised poor judgment in managing her finances did not constitute a failure of the rehabilitative plan. The court concluded that the rehabilitative plan was successfully completed when she received her degree, and there was no change in circumstances warranting a permanent periodic alimony award.
The Pettry case provides a good overview of how courts analyze a request to convert rehabilitative alimony into permanent alimony. The court must evaluate the efforts of the recipient spouse to determine whether the rehabilitative plan failed despite the petitioner’s diligent efforts. More specifically, in order to entitle the spouse to a modification, either to extend the rehabilitative period or to convert the rehabilitative alimony to permanent alimony, the moving party must show why things did not work out as planned. This means that a party seeking an extension or conversion of rehabilitative alimony must show that he or she has not been rehabilitated despite reasonable and diligent efforts.
Further, any economic hardships cannot be of a nature that would have been contemplated at the time of the original alimony award. For example, the economic hardship associated with paying college tuition would have been contemplated when a rehabilitative alimony award was established designed to help a spouse obtain a college education so this cost cannot constitute a change of circumstances justifying a modification of alimony. If, through no fault of the recipient spouse, the rehabilitative goal is unfulfilled, the rehabilitative alimony award may be extended or converted into permanent alimony.
At Eric N. Klein & Associates, P.A, we represent clients throughout Florida in alimony and spousal support matters. Whether you are involved in a divorce where alimony will be an issues or are seeking to modify or terminate a current alimony order, a Fort Lauderdale divorce attorney from our office can assess your situation and advice you of options so contact us today at 954-580-8080.
