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 ...
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. ...
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 ...
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 ...
Nov
Division of Assets in a Florida Divorce
Equitable Does Not Necessarily Mean Equal The division of marital assets can be one of the toughest and most complex aspects of a divorce. In a Florida divorce assets must be identified, disclosed, and then divided equitably between the spouses. It is very important to note that the word used regarding that division is equitably, not necessarily equally. That is the reason why, even in what seems to be an amicable situation, it is always best to seek legal representation when considering a divorce. The firm of In Law We Trust, P.A., the divorce attorneys for men in Tampa, FL, has the knowledge and expertise to negotiate for your rights and a fair settlement so that you can move forward wi ...
Oct
Things to Avoid Doing During a Divorce
Things to Avoid When Divorcing A big mistake people make when divorcing is failing to get legal representation. Retaining the best legal representation is one of the smartest things to do to ensure that you will have a solid start to a new life and future. The attorneys of In law We Trust, P.A. know the intricacies of Florida laws, have the expertise to file accurate and binding agreements, are ready to take your case to trial if needed, and will fight for all you are entitled to. While we will do our part on the legal end, we have some other tips that can help you prepare and move more confidently through the divorce process. A Few Do’s and Don’ts Children Do - Realize that the chil ...
Modifications to Spousal Support: How Does Retirement Affect Spousal Support?
Modifications to Spousal Support: The Approach to Modifying Spousal Support