Tampa Florida Family Law Blog

Prenuptial agreements are contracts and, as such, they must follow certain rules in order to be valid. This post will touch on some of the important requirements that Florida residents must follow in order to keep their prenups valid, but, as with all legal matters, it is imperative that readers seek their own legal guidance on matters specific to their family law needs.

Although other types of agreements may not require this component, prenuptial agreements must be written contracts. They cannot be oral agreements and when a prenup is put to paper the parties to it must both sign their names to it to demonstrate their consent and agreement to the terms. Both of the parties to the prenup must also have the time and opportunity to read it over before signing.

In the state of Florida, judges make careful decisions regarding alimony, and must have significant reason to issue an alimony modification. The state has created a formula by which they must abide. Alimony is almost never modified immediately following a divorce, and can be modified later only when specific circumstances are present.

One point which must be proven is that there has been a substantial change in circumstance. A substantial change is one in which there has been an unplanned, involuntary, and permanent change that will affect one party's financial status. Disabling health issues, sudden loss of a job, retirement, death, criminal charges, or winning the lottery are all examples of such a change.

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?

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.