Tampa Florida Family Law Blog

Defining a standard of living to determine alimony

In any divorce in which alimony is considered, a standard of living which took place during the marriage must be examined and determined. So, what exactly defines a standard of living?

First, a court will look at marital finances. A judge will seek out the answers to several questions: Who worked? Who did not work? What were the respective incomes of both parties? Did one party help the other to make money? Who paid all or most of the bills? What qualifications does each party have to obtain work that will support a certain lifestyle?

What is a post-nuptial agreement?

A post-nuptial agreement is the equivalent of a prenuptial agreement, with the exception that it takes place after a couple is married. Some couples may say that if their spouse approached them about a post-nuptial agreement, it would be a deal breaker that would end the relationship. While that may be the case in some instances, in other it can actually be a step towards saving a marriage.

So when would a post-nuptial agreement be necessary? There are many reasons for consideration, but here are a few examples.

Alimony Enforcement in Florida

If an ex-spouse has been ordered by a Florida court to pay alimony, but refuses to do so, there are some remedies available. These fall under section 61.14 of Florida statutes, in particular, under subsection (5)(a).

Alimony is calculated by the court based on an obligor's present ability to pay. This means that the amount will be based on a party's income at that exact time, not what it was the prior month, or what it may be a month ahead. An order is then entered, and the obligor becomes immediately responsible for making those monthly payments to his or her spouse. If the obligor's ongoing income should decrease, he or she may apply to the court for a modification of the alimony order. However, until an order reducing the amount of alimony due is signed by a judge, the original order remains in force. A verbal notice of inability to pay is insufficient. Any change in payment amounts require a new court order to become legally enforceable.

Complex matters in a high-asset divorce

Divorce is no fun for anyone. Though parties may find themselves happier when all is said and done, the divorce process itself is not usually enjoyable. Just a simple, no or low-asset divorce by consent can be emotionally draining and stressful. That being said, one can only imagine the stress and complexities of wading through a high-asset divorce with multiple major decisions to be made.

High-asset divorces are in a league of their own, and often require a full team of professionals to complete. In addition to a knowledgeable attorney, other professionals who may work on these cases are accountants, tax professionals, and private investigators. For this reason alone, these divorces can quickly become very costly. It is of utmost importance that the best decisions possible are made due to the business and tax consequences that can later occur.

Prenups: what can and can't be included in this contract

Prenuptial agreements have become a much more popular pillar of marriages (and divorces), and as such it is important for people who are soon going to be walking down the aisle to understand these contracts and what they can do.

Knowing what you can, and can't, include in a prenuptial agreement is obviously critical. So today let's talk about these factors. What provisions can you include in the prenuptial agreement? Consider this:

5 Apps That Help Divorced Parents

It can be difficult to get the kids to all of their appointments, games and activities and communicate to your ex about who will be where, when.

A family calendar is a necessity both during and after a divorce. But other apps can help parents stay on track and organized as well. 

Don't Fight Alone

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