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27
Nov

Modifications to Spousal Support: How Does Retirement Affect Spousal Support?

Is Retirement an Automatic Qualifier for Modification to Spousal Support? The short answer to this question is no, retirement does not necessary mean that there can be a dreduction or termination of spousal support. Although Florida law does consider retirement and a reduction of income as a possible valid issue in a request to modify or terminate alimony, it is not by any means automatic. While there may be new Florida legislature in the future to make it easier to modify spousal support upon retirement, one substantial matter is what the language of the original divorce decree says. That is why it is very important to have legal representation when divorcing. Structuring a settlement an ...

19
Nov

Modifications to Spousal Support: The Approach to Modifying Spousal Support

The Approach to Modifying Spousal Support There are basically two sides for initiating a modification for spousal support. One side (the payer) may petition for a reduction in the amount that is paid to the ex-spouse, or even petition for immediate termination or a revision to the termination date. The other side (the payee) may petition to the court for an increase in the amount or amount of time that they receive the award. If there has been a substantial change in financial circumstances that was unexpected or involuntary for either of the spouses, there may very well be a valid reason to consider seeking a modification to the spousal support that was awarded in the final divorce decree. ...

09
Nov

Modifications to Spousal Support: Can Spousal Support Be Modified After a Florida Divorce?

Can Spousal Support Be Modified After a Florida Divorce? This is a common question raised by either party (the one receiving support or the one paying support) in a divorce. The simple answer is yes, Florida Statutes does allow for modification or even termination of most types of spousal support when it can be shown that there has been a substantial, unexpected, or involuntary change in the circumstances of either of the former spouses. That change must be one that affects either the former spouse’s ability to pay, or the other former spouse’s need. This can become a very complicated and contentious situation and before considering an approach to the court for a modification, it is very i ...

04
Nov

Spousal Support in a Florida Divorce

Spousal Support is Not a Cut and Dry Issue Under Florida divorce law, spousal support may be awarded under certain situations to either the wife or the husband. Spousal support is not meant to be punitive. Instead, it is sometimes awarded to help the lower earner- whether that is the husband or the wife- to get “back on their feet” or maintain the marital lifestyle for at least some period of time following the end of a marriage. Although support may often be thought of as paid on an ongoing basis, it may be awarded as a lump sum or as some combination of the two. When making a determination of whether or not to award support, the court may consider many factors including non-monetary iss ...

23
Sep

The Four Main Areas of Divorce

Primary Issues in Every Divorce If you are considering divorce you may be wondering just how to proceed. As a start, first understand and prepare yourself for the fact that that there are two primary issues that apply to every divorce and another two additional primary issues that apply when there are dependent children involved. Those issues include property division, spousal support, custody and parenting time, and child support. However, in divorce, no two situations are alike. There can be a variety of other issues as well and each of these issues can be challenging and complex. The family law attorneys for men at In Law We Trust, P.A. are ready to listen to your unique situation and c ...

13
Aug

What is Family Law?

Family Law 101 Family law is the legal practice that focuses on issues involving family relationships including divorce, child custody, paternity, and adoption. Attorneys practicing family law represent their clients in family court proceedings and in related negotiations. A family law attorney will draft important legal documents including court petitions and property agreements, litigate contested matters, and negotiate for the best interests of their clients. What Kind of Matters Fall Under the Practice of Family Law? The most common family law issues also pertain to visitation rights, child and spousal support, the division of marital assets, guardianship, and child protection. Howe ...

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