Articles Posted in Alimony

The case of Gremel v. Gremel, 35 Fla. L. weekly D2291a (Fla. 2nd DCA 2010) illustrates the point. Mrs. Gremel separated from her husband in December 2003. She did not file her divorce petition until March 15, 2007, more than three years after her initial separation. On April 1, 2008, the trial court entered a…

In a case recently decided, a wife was awarded an astounding sum of $75,000.00 per month for temporary support for herself and her child. Stanton v. Stanton, 2D10-919 (2010). The appellate court said this amount simply could not stand, as the amount was not supported by competent substantial evidence. The trial court should consider the…

This question frequently arises in the context of a subsequently filed bankruptcy proceeding. Generally, the obligor, or person who is obliged to make the lump sum alimony payment, seeks to have the payment or payments discharged through a bankruptcy proceeding. The resolution of these types of situations is of course dependent upon the intent of…

We now know that a 17 year marriage is considered a long term marriage under Florida law. A long term marriage raises the presumption of permanent alimony. The new alimony statute lists various criteria that the trial judge should consider in making the determination to award permanent alimony, but it doesn’t tell us how much…

Some areas of the law are “black and white” in that based upon a prescribed set of facts, you knew exactly where you stood. Some areas are “gray”, which is especially true in the context of a divorce case, where the family court judge presiding over the case has a wide range of discretion .…

As the old cliche goes, “nothing is forever”, including either the award of or agreement to pay permanent alimony. Support obligations are always subject to modification. However, in order to justify a modification of alimony, the petitioning or moving party must prove (1) a substantial change in circumstances; (2) that the change was not contemplated…