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Are rental property owned prior to marriage marital assets?

Apr 5, 2022 | Alimony, Marital Assets

According to Florida case law as of the date of this article, rental properties owned prior to the marriage and never in any way gifted to the other spouse were nonmarital assets: “In determining whether certain property is a marital asset, the question is not which...

What is a Substantial Change of Circumstances in Alimony?

Mar 31, 2022 | Alimony, Modifications

According to Florida case law as of the date of this article, a substantial change of circumstances is defined as a change that is material, involuntary, permanent, and unanticipated at the entry of final judgment. Here, the court had a rehabilitative alimony plan in...

Can you get a money judgment for non-payment of alimony?

Mar 29, 2022 | Alimony

According to Florida case law as of the date of this article, a trial court may award a money judgment for default as a remedy for non-payment of spousal support, although contempt is the usual remedy: “The remedies available to enforce payment depend on the...

Is alimony modified retroactively?

Mar 22, 2022 | Alimony

According to Florida case law as of the date of this article, there is a presumption that modification should be made retroactively: “Retroactivity is the rule rather than the exception. Acosta v. Renta, 84 So.3d 1223, 1226 (Fla. 3d DCA 2012) (citing DeSantis v....

Can a spouse extend the duration of alimony payments?

Mar 17, 2022 | Alimony

According to Florida case law, and statutory law, as of the date of this article, the court can extend the duration of alimony payments even though the statute does not explicitly say this is allowed: “The trial court ruled that section 61.14, Florida Statutes...

What Is A Judge Required To Do To Award Alimony In Florida?

Mar 16, 2022 | Alimony

According to Florida case law, and statutory law, as of the date of this article, the court is required to make a specific factual determination as to whether the spouse has an actual need: “In the final judgment of dissolution, the trial court denied the former...