For all spouses, life will change significantly following a divorce. Depending upon your individual circumstances, you may lose the financial support of the primary breadwinner, have to move out of the family home, divide your possessions, and share time with your children. Recognizing the financial impact that always accompanies a divorce, the Florida legislature has… Read More >
Florida’s Alimony Legislation that Paves the Way for Reform
Several lawmakers in Florida’s legislature have introduced alimony legislation that paves the way for reform. Alimony is one of the first, and most debated, considerations in Florida divorce cases. Unfortunately, many perceptions of alimony are inaccurate or completely inapplicable. Like so many elements of divorce, there is not necessarily one standard for alimony that will apply to… Read More >
How Will the Judge Calculate Alimony in my Florida Divorce?
Alimony in Florida is determined by a number of factors for both parties. They will look at the current earnings of each, each party’s potential earnings, the length of the marriage, the contribution of each party to the marriage, and more. There is not necessarily a set formula for what one party might pay to… Read More >
Alimony in a Florida Divorce
You can think of this like child support, but for the husband or wife (depending on the circumstances). After a Florida divorce, you may be instructed to pay or be paid alimony for a certain amount of time. This is normally the case when one of the spouses earns significantly more than the other. The… Read More >
Common Misperceptions about Annulment in Florida
Many people misunderstand the fundamental difference between divorce and annulment. There is a common misconception among some that annulment is an alternative to divorce that is available to those with religious objections to divorce or to dissolve extremely short marriages. Annulment is actually the process of having a marriage officially “erased” as if it never… Read More >
Predicting an Alimony Award in a Florida Divorce can be Extremely Difficult
We frequently speak with clients that were the primary or sole breadwinner during a marriage, and, at times, they often find the notion of alimony or spousal support baffling because they supported their spouse for years during the marriage. However, the legal justification for alimony is that marriage is a partnership. One spouse’s effectiveness and success at earning… Read More >
Modification of Alimony Based on Supportive Relationship
At the Law Offices of James S. Cunha, our attorneys frequently receive inquiries from clients regarding modification of their obligation to pay alimony to a former spouse. Questions about modification of spousal support often arise when the recipient of alimony begins living with someone new. Although a payor former spouse may seek a reduction of… Read More >
Is Adultery Relevant in a Florida Divorce?
Adultery is cited as a factor in approximately 65 percent of all divorces in the country. Although marital infidelity can be emotionally devastating, in a Florida divorce it relatively has very little, if any, significant impact than most spouses realize. Florida, like most states, maintains a “no-fault” policy when dealing with adultery. Florida’s “no fault”… Read More >
Will Changing Demographics Mean the End to Permanent Alimony in Florida?
At least in theory, alimony (also called “spousal maintenance” or “spousal support) is a vital financial tool to compensate a financially disadvantaged spouse who has made contributions during the marriage which indirectly led to an increased earning capacity or career advancement for the other spouse. The original justification for alimony was to acknowledge the contributions… Read More >
Overview of Alimony in Florida
In a Florida divorce proceeding, the judge may award alimony (also known as maintenance or spousal support) to a spouse who is in financial need. Alimony generally refers to a monetary amount that the court determines is appropriate for one spouse to pay to the other (i.e., whether for a certain period of time, by… Read More >
