When couples divorce, it is not uncommon for one spouse to be left unable to support him or herself. In these cases, the Court may order the spouse with the greater income to pay alimony to the spouse in need. Alimony, also called spousal maintenance, is a crucial financial safety net for spouses who cannot support themselves after divorce. There are several different kinds of Florida alimony that serve various purposes. Alimony can be temporary, bridge-the-gap, rehabilitative, durational, or permanent.
Temporary alimony may be awarded while the divorce is pending, to be terminated once the divorce is finalized. Temporary alimony helps the supported spouse meet their immediate financial needs until a final alimony award can be ordered. Bridge-the-gap alimony is short-term alimony used to help the supported spouse maintain the standard of living they enjoyed during the marriage until they can become self-supporting. Bridge-the-gap alimony cannot exceed two years and cannot be modified. Rehabilitative alimony may be awarded to a spouse so they can prepare to enter the workforce.
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This kind of alimony is generally awarded in long-term marriages, 17 years or more in length. Permanent alimony is terminated upon the death of either spouse or when the supported spouse remarries or otherwise enters into a supportive relationship. Durational alimony, only recently created, may be awarded when no other kind of alimony is appropriate. Durational alimony is awarded for a set amount of time, no longer than the length of the marriage. Durational alimony is terminated upon the death of either spouse or when the supported spouse remarries or otherwise enters into a supportive relationship. Durational alimony is awarded in short or moderate-length marriages and may be modifiable in light of a significant change in
Which marriages meet the requirements for dissolution is defined by legal standards. Over the last 200 years, the grounds for divorce in Western societies have expanded. These expansions have made divorce more accessible. Although the divorce rate has increased, there is not a clear link between the accessibility and this increase. Other key influences effecting divorce rates include economic, social, cultural, demographic and institutional factors.
There has been a long history regarding reform proposals and recommendations surrounding the law of divorce. The first legislation which was introduced in divorce law was the Matrimonial Causes Act 1857, which allowed people to obtain a divorce. However, today the provisions within that act are outdated, yet, it represented society in 1857. In 1937, legislation altered to catch up with societal changes and additional grounds of divorce were introduced. This again occurred in 1973, where legislation changed altering the grounds and facts in which a divorce could be obtained. This is the current legislation relied upon today.
In the terms of Divorce – the legal termination of marriage, this has increased immensely since 1971 due to the change in legislation that had liberalized divorce, made it cheaper and easier to obtain. The Divorce Reform Act of 1971 was the most important because prior to 1971, one partner had to provide ‘evidence’ that they had been wronged by the significant other (matrimonial offence). Due to the change of the law, it allowed people to divorce on the basis of “irretrievable breakdown”. In addition, since 1984, the Matrimonial and Family Proceedings Act reduced the time limit for divorce for a minimum of 3 years of marriage to only one year. After this act, the divorce rate shot up again, as it did in 1971. Now, people were finally able to legally to end all connections, as previously when divorce was either too expensive or difficult to obtain, separation was very common, which was when a couple decided to live away from each other.
The marriage between the two parties involved (Richard S. Dougall and Myrna R. Dougall) was dissolved in 2008 with the dissolution decree ordering Richard to pay Myrna $750 per month in spousal maintenance. Each of the two parties was also awarded one half interest in two parcels of property. Richard was ordered by the court to obtain appraisals and pay a fair share of the equity (as designated by the court’s property division assessment) to Myrna. In 2011, the court entered two judgments against Richard for failing to comply with obligations set down in the court order. A $5,000 judgment represented Myrna’s interest in one of the properties. The second judgment for $4,745 represented spousal maintenance arrearages. The court also reduced Richard’s spousal maintenance obligation to $500 per month effective August 2011.
Alimony payments are deductible by the individual making the payments, and they are taxable income to the person receiving the payments. For divorce agreements executed after 1984, alimony payments must meet the following requirements:
The most prominent of said guidelines are that in cases where “the merits of a divorce action are not contested, whether or not an answer has been filed, there is no requirement that the testimony of the complaining party be corroborated by witnesses; the court may not grant a divorce when the parties seek to procure a divorce for fraudulent purposes; and attorney’s fees awarded in the nature of support may be made payable immediately or in
Married couples further receive various family benefits, such as filing for joint adoption; employment benefits, such as obtaining insurance benefits through a spouse’s employer and taking family leave to care for an ill spouse; and medical benefits, including hospital visitation and making medical decisions for an incapacitated spouse. (Nolo). It should be noted that many state laws also use marital status as a dividing line for
Arizona laws are used to determine spousal maintenance, child support and family support awards and amounts. In some cases, the court finds a temporary family support award appropriate. Laws and specifications regarding the handling of awards varies when comparing awards as set down in a final Decree to a temporary family support award. This differences between how the two types of financial awards are handled can lead to difficulties in interpreting the law as pertaining to the situation at hand. Such seemed to be the case with Maximov v. Maximov.
Palimony is financial support that results from a promise made by one unmarried person to provide support to another when a long-term relationship between the two people ends. Palimony is generally awarded to a party who, in reliance upon an express or implied promise that the partner would support him or her for the rest of his or her life, did not work during the relationship and was financially dependent on the other person. Palimony claims come before the New Jersey courts when the promise of support is broken, for example, when the party promising to pay the support for the other fails to do so.
Alimony is a legal obligation to provide financial support to one’s spouse before or after marital separation or divorce. Traditionally, the husband was responsible for paying alimony to a separated or former wife but since the 1970’s, thanks to gender equality movements and now to changing marital laws, both spouses are now legally recognized for paying alimony to one another in cases of marital separation or divorce. Though it is often required to be paid on top of child support, in cases where the separated or divorced couple has children, alimony is an entirely
Divorce hurts wives and husbands. Grieving the dreams of what could have been and hashing out the reality of what is cuts deep. While divorce impacts all parties involved, Florida courts strive to protect those caught in the middle - the children. This noble position can be muddied by various factors, but Florida law works to make solutions to custody issues clear.
Forest and Olive Green have decided to obtain a dissolution of marriage, after twenty years of marriage. She and Mr. Green have already had several arguments concerning child support arrangements for their children Kelly Green, age 14, and Moss Green, age 10. Mrs. Green thinks that it would be best for the children if she and Mr. Green had joint custody of the children. Along with this, Mrs. Green wants to be able to receive child support from Mr. Green because due to her lack of job experience she thinks it is unlikely that she can find a job that will support herself and the children. Mr. Green who is a corporate executive who
Palimony is a substitute for alimony in cases in which the couple was not married but lived together for a long period and then terminated their relationship.
Divorce is the suspension of the marital coalition under the terms legally summoned by the court. The couple is then set free of their obligations towards each to other
It is believed that men are the least affected by divorce. However this doesn’t mean that they do not suffer at all. Indeed, men suffer financially from divorce; they are obliged to support their children as well as their ex-wives. And because before divorce the responsibility was shared by both husband and wife, divorced men cannot always afford to pay alimony, thus they may be