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Category Archives: Alimony

Assets awarded to the parties as equitable distribution may be considered as a source of income from which alimony may be paid. This includes pension and retirement benefits.

Retirement accounts distributed to the parties should be considered income for the purpose of determining alimony where the court can reasonably conclude that the principal of the retirement account will not be invaded for the purpose of support.

Military retirement benefits can be awarded only if the parties were married for at least 10 years while one spouse was in the military.

Division of retirement benefits generally is part of equitable distribution and not awarding of alimony, but the amount of the distribution may be considered in determining alimony.

Here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work for you, whether you are seeking alimony or defending a claim against alimony.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart. He will put his expertise to work for you and advocate for the best possible result in your alimony case.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Alimony Attorney Tampa – Gary S. Dolgin

F.S. 61.08(3) allows the court “to the extent necessary to protect an award of alimony,” to order any party ordered to pay alimony “to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets which may be suitable for that purpose.”

Life insurance to secure alimony may not be ordered, however, unless specifically requested by a party.

Courts have summarized the law applicable to life insurance in divorce proceedings as follows: An order requiring a spouse to obtain a life insurance policy as security for an alimony award must be supported by record evidence, and the order must include findings as to the cost of insurance, the payor’s ability to afford the insurance and any special circumstances justifying the need for the policy.

The amount of the life insurance policy must be related to the extent of the obligation being secured.

Here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work for you, whether you are seeking alimony or defending a claim against alimony.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart. He will put his expertise to work for you and advocate for the best possible result in your alimony case.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Alimony Modification Lawyer Tampa – Gary S. Dolgin

Under F.S. 61.08(1), adultery may be a factor in awarding alimony.

Other marital misconduct, such as spouse abuse, may be considered under F.S. 61.08(2)(j). The effect of marital misconduct is determined on a case-by-case basis.

Courts have held that only misconduct that depletes marital finances is relevant to a determination of alimony. As one court stated, even reprehensible conduct by one party does not justify alimony unless it has caused depletion of the marital finances.

Recently, the same court stated, “the law is clear that absent a showing of related depletion of marital assets, a party’s adulterous misconduct is not a valid reason to award a greater share of those marital assets to the innocent spouse or to deny the adulterous spouse alimony.”

Here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work for you, whether you are seeking alimony or defending a claim against alimony.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart. He will put his expertise to work for you and advocate for the best possible result in your alimony case.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Durational Alimony Tampa Attorney – Gary S. Dolgin

The contributions to the marriage do not need to be in terms of income or property.

The value of services for rearing children and running the household, or for contributing to the spouse’s career or a business, should also be considered.

Each party is a partner to a marriage and thus “each partner is entitled to a fair share of the fruits of their combined industry, whether performed in the office, the factory, the fields or the home.” Neff v. Neff, 386 So.2d 318, 319 (Fla. 2d DCA 1980).

The expert testimony of an economist, however, may be needed to establish the value of other contributions.

Here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work for you, whether you are seeking alimony or defending a claim against alimony.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart. He will put his expertise to work for you and advocate for the best possible result in your alimony case.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Divorce Attorney Tampa Alimony Expert – Gary S. Dolgin

As a general rule, permanent periodic alimony is an amount of money that must be paid regularly until the judgment is modified, or until either party dies or the receiving spouse remarries.

Courts have defined permanent alimony as “an allowance for the support and maintenance of a spouse during his or her lifetime. Its purpose is to provide nourishment, sustenance and the necessities of life to a former spouse who has neither the resources nor ability to be self-sustaining.”

Here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work for you, whether you are seeking alimony or defending a claim against alimony.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart. He will put his expertise to work for you and advocate for the best possible result in your alimony case.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Alimony Payments Lawyer Tampa Bay – Gary S. Dolgin

When determining alimony, the court must consider the “earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

Generally speaking, the time required for a spouse to receive training or education is more important in determining a need for rehabilitative alimony.

If a party is capable of becoming self-supporting, rehabilitative rather than permanent alimony is appropriate.

When a party who could be self-supporting is awarded sole parental responsibility of his or her minor children, however, a decision by that party to maintain parental duties full-time, instead of outside employment, may justify permanent alimony.

If, after the rehabilitation period, the recipient spouse will still be unable to earn sufficient income to maintain the marital standard of living, permanent alimony should be awarded.

Here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work for you, whether you are seeking alimony or defending a claim against alimony.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart. He will put his expertise to work for you and advocate for the best possible result in your alimony case.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Tampa Spousal Support Lawyer – Gary S. Dolgin

Florida courts will typically impute income any time they feel that the financial picture one or both parties represent is not accurate. The court may impute income either on its own or it can impute income at the request of one party.

If, at the time of dissolution, a spouse has recently lost the ability to pay alimony but may reacquire such ability in the future, it is proper for the court to award a nominal amount of alimony to the other spouse, reserving the right to modify the award later.

However, if the court imputes income to a party, it is inappropriate to award a nominal amount of alimony.

The purpose of imputed income is to determine the amount that a spouse is able to earn, above and beyond what the spouse actually earns.

Nominal alimony is therefore inappropriate when the payor spouse has the ability to pay more if he or she was to earn the amount the court has determined could be earned through diligent efforts.

Here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work for you, whether you are seeking alimony or defending a claim against alimony.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart. He will put his expertise to work for you and advocate for the best possible result in your alimony case.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Tampa Alimony Lawyer – Gary S. Dolgin

Florida courts will typically impute income any time they feel that the financial picture one or both parties represent is not accurate. The court may impute income either on its own or it can impute income at the request of one party.

In Florida, it is well-settled that the court should impute income that could reasonably be earned on a former spouse’s liquid assets.

When a party receives an asset in equitable distribution that will result in immediate investment income, that income should not be excluded for purposes of determining alimony.

Moreover, when a spouse with underearning investments has the ability to generate additional earnings, without risk or loss or depletion of principal, but fails to do so, it is fair for the court to impute a more reasonable rate of return to the underearning assets, comparable to a prudent use of investment capital.

Here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work for you, whether you are seeking alimony or defending a claim against alimony.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart. He will put his expertise to work for you and advocate for the best possible result in your alimony case.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Tampa Alimony Attorney – Gary S. Dolgin

Florida courts will typically impute income any time they feel that the financial picture one or both parties represent is not accurate. The court may impute income either on its own or it can impute income at the request of one party.

In Florida, income should not be imputed to a parent who must stay home from work to care for his or her disabled child(ren).

Here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work for you, whether you are seeking alimony or defending a claim against alimony.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart. He will put his expertise to work for you and advocate for the best possible result in your alimony case.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Alimony Attorney Tampa – Gary S. Dolgin

Florida courts will typically impute income any time they feel that the financial picture one or both parties represent is not accurate. The court may impute income either on its own or it can impute income at the request of one party.

In Florida, it is improper to impute income to an unemployed party based on the speculation that employment will soon be found. Berger v. Berger,201 So.3d 819 (Fla. 4th DCA 2016); Ruiz v. Ruiz, 821 So.2d 1112 (Fla. 3d DCA 2002). If income is imputed, the recipient spouse may be entitled to rehabilitative or bridge-the-gap alimony until he or she becomes employed. Hollister v. Hollister, 965 So.2d 341 (Fla. 2d DCA 2007).

When there is insufficient evidence to determine the amount to impute, a presumption arises based on the spouse’s historical earnings; however, this presumption can be rebutted by the spouse to whom income is imputed. Lafferty v. Lafferty, 134 So.3d 1142 (Fla. DCA 2014).

It is impermissible to impute income to a party based on previous earnings that were only derived by illegal activity such as driving a truck more than the legal number of hours per week. Abbott v. Abbott, 832 So.2d 964 (Fla. 2d DCA 2002). Conversely, it is error to impute a reduction in income to a party based on speculation that a business will not be as productive in the future. LaSala v. LaSala, 806 So.2d 602 (Fla. 4th DCA 2002).

Income from a second job may be considered for alimony purposes. If the second job later ends, modification may be appropriate. Hollinger v. Hollinger, 684 So.2d 286 (Fla. 3d DCA 1996).

Here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work for you, whether you are seeking alimony or defending a claim against alimony.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart. He will put his expertise to work for you and advocate for the best possible result in your alimony case.

To schedule an alimony consultation with Board Certified Expert in Marital and Family Law in Tampa, Gary S. Dolgin, please call (813) 999-2772, and it will be our pleasure to help you.

Learn more about alimony by visiting:
Divorce Attorney Tampa For Alimony – Gary S. Dolgin

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