Category Archives: Alimony

There are several considerations that the court takes into account when determining alimony for a divorcing couple. One of these considerations is:

Just as the recipient spouse should not be required to diminish assets to be self-supporting, neither should the payor spouse have to sell assets to pay 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:
Tampa Alimony Attorney – Gary S. Dolgin

In determining a party’s ability to pay, the Court may consider net worth, past earnings, and the value of the parties’ assets, as well as current income.

The ability to pay should be based on a party’s net income, not gross income.

This includes actual overtime pay, income from part-time employment, and voluntary contributions to 401(k) plans.

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

Remarriage To The Same Person May Be Considered As One Marriage For Alimony Purposes

In second marriages to the same spouse, the Court may treat the two marriages as one continuous marriage if the remarriage is for the purpose of eliminating the alimony awarded in the first marriage. See Cox v. Cox, 659 So.2d 1051 (Fla. 1995)

However, the Court should update the standard of living to the current period. Forster v. Forster, 11 So.3d 972 (Fla. 5th DCA 2009).

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

In this month’s Newsletter The Law Offices of Gary S. Dolgin shared information about Senate Bill 1796 / House Bill 1395 which would change how alimony is paid if signed into law.

This legislation would do away with permanent alimony and set up maximum payments based on the duration of the marriage.

In addition, this Bill would require judges to begin with a “presumption” that children should split their time equally between parents.

This is not always in the best interest of the child, however, as there are numerous other factors that should be considered when it comes to determining timesharing.

You can see our March Newsletter here.

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

Permanent alimony may be appropriate when a party can demonstrate that he or she will be unable to become self-supporting in the future because of age or a physical or emotional condition.

One of the factors the Court must consider is the age and physical and emotional health of each party.

There are many other factors that must be considered along with this factor when determining if permanent alimony will 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:
Alimony Lawyer Tampa – Gary S. Dolgin

When determining alimony, the Court must consider the parties’ financial resources, including the marital and nonmarital assets and liabilities distributed to each, and all sources of income, including the income available to either party through investments of an asset held by that party.

If both parties have approximately the same income and assets at the time of the dissolution, an award of lump sum or periodic alimony may not be appropriate.

On the other hand, in a long-term marriage where one spouse has a clear need and the other spouse has the ability to pay, it would be appropriate for the Court to award permanent 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 Lawyer Tampa – Gary S. Dolgin

An alimony award should be based on present circumstances and not on speculation regarding future occurrences, such as when the payor has a degenerative disease that is not yet disabling.

Future occurrences should be addressed in modification proceedings. Schellhammer v. Schellhammer, 687 So.2d 987 (Fla. 5th DCA 1997). See also Moore v. Moore, 858 So.2d 1168 (Fla. 2d DCA 2003).

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

Both Parties’ Age and Physical and Emotional Condition Helps Determine Alimony

The Court may consider the age and physical and emotional condition not only of each party, but of both parties together, in determining whether permanent alimony is appropriate.

For example, in Leone v. Leone, 577 So.2d 587 (Fla. 3d DCA 1991), the husband was a medical doctor who was no longer able to practice as an orthopedic surgeon because of heart surgery. His 36-year-old wife was in good health, had worked as a waitress before the marriage, and had attended college for approximately one year. Based on these facts, the Court upheld the trial court’s denial of permanent periodic alimony in favor of rehabilitative 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:
Divorce Attorney Tampa Alimony Expert – Gary S. Dolgin

Generally speaking, the length of a marriage bears a direct relationship to the initial decision to award alimony.

It is presumed that:

– a short-term marriage is a marriage having a duration of less than 7 years;

– a moderate-term marriage is a marriage having a duration of greater than 7 years but less than 17 years;

– and a long-term marriage is a marriage having a duration of 17 years or greater.

Permanent alimony may be awarded following a marriage of long duration, if such an award is appropriate upon consideration of the other alimony factors set forth in [F.S. 61.08](2).

Permanent alimony may be awarded following a marriage of moderate duration if such an award is appropriate based upon clear and convincing evidence and after consideration of the factors set forth in [F.S. 61.08](2).

If there are written findings of exceptional circumstances, permanent alimony may be awarded following a marriage of short duration.

Whether you are the spouse requesting alimony, or the spouse being asked to pay alimony, here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work to help protect your alimony rights.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart when it comes to determining what type(s) of alimony might be granted in your situation and advocating on your behalf to secure the best result possible.

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 – Gary S. Dolgin

In awarding alimony, the Court may not factor in speculative post-dissolution savings based upon how frugal the parties were during the marriage.

Any accumulation of marital assets due to the parties being frugal and saving during the marriage is taken into consideration by equitable distribution.

Whether you are the spouse requesting alimony, or the spouse being asked to pay alimony, here at The Law Offices of Gary S. Dolgin, we will put our knowledge and 30 years of experience to work to help protect your alimony rights.

Being Board Certified in Marital and Family Law as well as being a Supreme Court Certified Family Law Mediator sets Gary Dolgin apart when it comes to determining what type(s) of alimony might be granted in your situation and advocating on your behalf to secure the best result possible.

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