Question
Alimony is payment of financial support from one spouse to another in a divorce. The amount of money is determined by NEED and ABILITY and
Alimony is payment of financial support from one spouse to another in a divorce. The amount of money is determined by NEED and ABILITY and the different types of Alimony are described in Florida Statute 61.08. BUT super important to know, the judge will not award any type of alimony until you prove that a spouse has a NEED and the other spouse has the ABILITY to pay. These 2 factors must be present before the Judge can award alimony. The judge will look at the couple's completed financial affidavit to see if there is need and ability.
Once those 2 factors are present, the judge will review the factors in 61.08. Review the statute and answer following question. For each fact pattern pick what type of alimony most likely would be awarded and why. Only select one type of alimony. (the court can award more than one type of alimony to spouse, but for this assignment only pick one - the most likely) Please note that Fl. Statute 61.08 mentions another statute number which you should read to answer the last two questions and apply both statutes to get your answer.
Edith and Troy have been married a year. Edith wants a divorce. Troy is a teacher at local college. Edith is a teach assistant at local public school. Edith wants a divorce and alimony. She wants money to get a new apartment, security deposit, electric deposit and rent for few months while she searches for roommate.
Roberto and Maria have been married for 30 years. Maria is a nurse with some medical issues which prevents her from working full time. Roberto is a doctor. Maria wants a divorce and alimony.
Abdul and Kalilah have been married 10 years. Abdul is an accountant and Kalilah is a part time bookkeeper. Kalilah wants a divorce and alimony. When she is not working Kalilah takes care of their disabled child.
Patricia and Carlos have been married 6 years. Patricia is a Lawyer and Carlos is a stay at home father. Carlos wants to go to college to become a paralegal. He wants a divorce and alimony.
Tobby and Katie have been married 29 years. Katie has not worked for last 6 months recovering for medical condition. Tobby is on SSI disability receiving $720 per month. Katie wants a divorce and alimony.
Renee and Anthony divorce. Renee receives permanent alimony of $4,000 per month. Renee moves in with her boyfriend, Dennis, shortly after divorce. Is Renee's alimony in jeopardy? Look at Chapter 61 and find statute on cohabitation and let me know answer.
Yvonne and Brad divorce. Yvonne receives bridge the gap alimony of $500 per month for 6 months. Shortly after the divorce, Yvonne moves in with her boyfriend, Thomas. Is Yvonne's alimony in jeopardy? Hint read the specifics about bridge the gap alimony before your answer?
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