The Alimony Bill of 2015 is dead, a casualty of the budget battle in the Florida Legislature. Hopes were running high that this year the legislature would amend the alimony statute to make it more predictable and more fair to Florida citizens, but those hopes were dashed when the legislative session expired without the bill […]
Tag: Alimony
Wood v. Blunck
The following is an alimony modification case. The substantial change of circumstances necessary to modify an alimony award must bear on either the payee spouse’s need for alimony or the payor spouse’s ability to pay it. When the payee spouse’s need decreases significantly, alimony should ordinarily be modified downward even if the payor spouse has […]
Schmidt v. Schmidt
The attached alimony case has a tortured procedural history, apparently due to things that were happening during the passage of time between trial and the final judgment. The original trial judge made oral pronouncements and requested submissions of proposed alimony findings, and the final judgment that was later entered did not accurately reflect the oral […]
Undifferentiated Family Support
When there are viable claims for both alimony and child support, often the Court will award “undifferentiated family support”, which is a combined number that will encompass both types of awards. This can be an opportunity to get a tax benefit normally associated with alimony but not available for child support, but one should be […]
Ayra v. Ayra
In the following alimony case, the trial court erred by finding that the Wife did not have a need for alimony. This was a long-term marriage, and in such cases an initial presumption in favor of permanent alimony arises. The long-term duration of the parties’ marriage, coupled with the potential future needs of the Former […]
Does Title Matter?
When fashioning an equitable distribution plan, does it matter that assets are titled solely to one spouse or the other? The answer is: Yes and no. Think of the assets and liabilities of a marriage collectively as a pie. From the standpoint of determining what goes into the pie filling, legal title is irrelevant. Everything […]
P.E.A.C.E. In Divorce
Family law attorneys are often asked if there is an order in which the Court decides various issues in a divorce. The answer is, yes. The acronym P.E.A.C.E. sets forth the order in which the Court will determine the issues in your case. P.E.A.C.E. stands for: (P)arenting; (E)quitable Distribution; (A)limony; (C)hild Support; and(E)verything Else. Why […]
Imputing Income To An Unemployed Spouse – Paying Alimony
Imputation of income is an important legal concept for anyone who pays alimony to understand. If a former spouse who pays alimony (“payor spouse”) becomes unemployed, that payor spouse’s request to terminate, suspend, or reduce his or her alimony payments could be denied by the Court if the Court imputes income to that payor spouse. […]
The IRS Alimony Recapture Rule
Ordinarily alimony is deductible from the payor’s gross income, and includable in the recipient’s gross income, for income tax purposes. Thus there is some tax advantage to paying alimony. But, that advantage can be eliminated if you don’t pay heed to the IRS’ Alimony Recapture Rule (I.R.C. § 71(f)). If you are caught in the […]
Alimony: Tax Considerations
If you are going through a divorce and alimony is an issue, you should be aware of certain basic tax considerations associated with an award of alimony. Generally, the treatment of alimony is to make the alimony taxable to the recipient and deductible by the payor. Alimony is to be included as part of the […]