Category: Alimony

Calculating Alimony with De Niro’s Dinero

Calculating alimony with Robert DeNiro’s dinero is what is turning up the heat in his divorce. His wife, Grace Hightower, is seeking temporary alimony and has asked for an emergency order to raise her monthly credit card limit from $50,000 to $100,000 – which De Niro halved.

Alimony Calculation

Raging Bull?

In their response, De Niro’s lawyers claimed that the actor’s financial status had been significantly damaged by Covid-19 after restaurants Nobu and Greenwich Hotel, which he owns stakes in, were forced to close.

The judge was told that, as well as sushi restaurant Nobu losing $4.87m between April and May, De Niro had been forced to borrow from business partners to pay investors ($500,000) because “he doesn’t have the cash”.

The actor’s lawyers said: “He is going to be lucky if he makes $7.5m this year,” adding that he would likely make $2.5m in 2020 and 2021!

Addressing Hightower, they said: “These people, in spite of his robust earnings, have always spent more than he has earned so this 76-year-old robust man couldn’t retire even if he wanted to because he can’t afford to keep up with his lifestyle expense”.

Hightower’s lawyer is calling it raging bull: “I’m not a believer that a man who has an admitted worth of $500m and makes $30m a year, all of a sudden in March he needs to cut down by 50% and ban her from the house.

Florida Alimony

I’ve written about subject of alimony in Florida. In every Florida dissolution of marriage case, the court can grant alimony to either party – husband or wife.

Not many people realize there are several types of alimony in Florida: bridge-the-gap, rehabilitative, durational, or permanent alimony.

Florida courts can also award a combination of alimony types in a divorce. Alimony awards are normally paid in periodic payments, but sometimes the payments can be in a lump sum or both lump sum and periodic payments.

In determining whether to award alimony or not, the court has to first make a determination as to whether a wife or a husband, has an actual need for alimony, and whether the other party has the ability to pay alimony.

As DeNiro’s wife is discovering, proving the ability to pay is one of the central issues in her divorce right now because DeNiro’s income, it is claimed, dropped significantly due to the coronavirus outbreak.

Typically, courts consider any type of earned income or compensation — that is, income resulting from employment or other efforts — along with recurring passive income, such as dividends on your investments, in establishing the amount of support you will be responsible to pay.

In Florida, once a court determines there is a need and the income available to pay alimony – sometimes referred to as the ability to pay alimony – it has to decide the proper type and amount of alimony. In doing so, the court considers several factors, some of which can include:

  • The standard of living established during the marriage.
  • The duration of the marriage.
  • The age and the physical and emotional condition of each party.
  • The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
  • 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.

But, after establishing Hightower’s need for alimony, how much dinero is there to determine De Niro’s ability to pay?

Analyze This…

The Supreme Court justice ruled that De Niro should keep the lower credit card limit while paying Hightower $75,000 to find a summer home for their children. De Niro filed from divorce from Hightower in 2018.

Robert De Niro’s attorneys said that the actor’s finances have taken a huge hit over the course of the coronavirus pandemic. The actor is battling a divorce case against Grace Hightower, his ex-wife who he was with for 21 years, in Manhattan Supreme Court.

De Niro appeared via Skype at an emergency hearing, which was called after De Niro cut Hightower’s American Express credit card limit from $100,000 to $50,000 a month.

According to the Daily Mail, Hightower’s lawyer told the judge that she and her two children with De Niro, Harvey (8) and Elliot (21), had been banned from his New York compound, which is where De Niro has been staying during the pandemic.

However, De Niro’s lawyer, Caroline Krauss, reportedly told the judge that De Niro was forced to make this cut to Hightower’s credit card limit because his finances have been so badly affected by the pandemic.

Krauss told the judge that Nobu and The Greenwich Hotel, the restaurant chain and hotel that De Niro owns, have both been badly hit by the pandemic as they have been closed or partially closed for months with next to no income.

Krauss said that the 2004 prenuptial agreement between De Niro and Hightower means that De Niro is only required to pay $1 million a year to Hightower as long as he is making at least $15 million a year. The terms, Krauss said, state that if his income falls, hers will proportionately fall too.

Krauss said that the money De Niro has earned from last year’s “The Irishman” has largely already been paid out, meaning he will only receive $2.5 million this year.

“These people, in spite of his robust earnings, have always spent more than he has earned so this 76-year-old robust man couldn’t retire even if he wanted to because he can’t afford to keep up with his lifestyle expense.

In response, Page Six reported that Hightower’s lawyer, Kevin McDonough, told the judge: “Mr. De Niro has used the COVID pandemic, my words would be, to stick it to his wife financially.

“I’m not a believer that a man who has an admitted worth of $500 million and makes $30 million a year, all of a sudden in March he needs to cut down [spousal support] by 50 percent and ban her from the house.”

McDonough said that “the idea that Mr. De Niro is tightening his belt is nonsense.” The judge issued a temporary ruling that the credit card limit is kept at $50,000 a month, but that De Niro pays Hightower a $75,000 lump sum so she can find a summer home for her and their two children, while De Niro stays in his compound with his other three children.

De Niro and Hightower were married in 1997 but filed for divorce two years later. However, their divorce never finalized, and they patched things up and renewed their vows in 2004. They officially separated in 2018.

The Insider article is here.

Photo credit: David Shankbone – Own work, CC BY-SA 3.0

Alimony Modification is No Laughing Matter

The coronavirus outbreak has meant alimony modification, as the pandemic has impacted everyone’s ability to work. For comedian Ron White, the coronavirus outbreak has meant he cannot tell his off color jokes in venues across the country. For everyone who lost their income, or saw it reduced dramatically, alimony modification is no laughing matter.

alimony modifcation white

“I got happily married to a rich woman. If you ever have a choice, go ahead.”

The coronavirus pandemic has caused governments and private owners to stop holding mass gatherings of crowds. Ron White, the 63-year-old Texas born comedian, is asking a judge to end his spousal support obligations to ex-wife Margo Rey, who he divorced in 2017 because he has no venue to perform his stand-up in.

White has been paying $25,000 a month to singer Margo since November 2019, but says his income has been drastically reduced due to gigs being cancelled amid the global health crisis.

In court documents obtained White explained she continued her decades-long pursuit of being a professional singer at which she is not self-supporting. I have spent 200+ days per year traveling the country every year to do stand-up shows, and I made more than $200,000 per month doing it.

Now I cannot work. I have a tenth-grade education. I am 63. Margo still insists I pay her $25,000 per month. I have employees depending on me for wages and benefits. I do not even have $25,000 per month of income.’

The stand-up comedian provided a breakdown of his income and expenses which reveals his net income is just over $300,000 with expenses totaling more than $433,000. He claims his income since the pandemic is now zero.

The comic is asking the judge to terminate his spousal support obligations.

Florida Alimony Modification

I have written about alimony modification before, and spoke at the Florida Bar Family Law Section/AAML Certification Review Course in Orlando on the topic of Modifications. There are a few reasons why alimony and child support can be modified.

Dramatic changes have been brought on by the coronavirus. The pandemic has impacted people’s health and their ability to go back to work. Normally, things like substantial drops and rises in pay, big gifts or lottery winnings, loss of jobs, furloughing, and early retirement are the major forces behind alimony and child support modification.

In Florida, to modify alimony and child support, you have to show three fundamental things: a substantial change in circumstances, the change was not contemplated at the time of the final judgment of dissolution, and that the change is sufficient, material, involuntary and permanent in nature.

Florida courts have discretion to modify alimony and child support retroactively to the date of the original filing of the action to modify, or supplemental action for modification depending on the cause.

It is important to keep in mind that you have to take the initiative, a court will not increase or reduce or terminate your alimony and child support payments if you have not filed the appropriate pleadings.

“You ever smoke so much pot your wife starts to make sense? Me neither.”

The former couple married in 2013 and split four years later. Margo claimed her comedian husband left her penniless after she overcame cancer.

In court documents at the time the then 53-year-old said White ended their relationship and canceled her credit cards with no warning. He also allegedly changed the locks to the home they were renovating.

The songstress said she discovered White had cut her off when she was attempting to pay for medical bills connected to her cancer treatment.

She requested spousal support claiming that Ron’s team cancelled 30 of her gigs – booked alongside Ron’s – with no warning, leaving her without income.

During their divorce battle Ron claimed he wasn’t officially married to Margo because she refused to sign a prenup. But the wedding went ahead anyway with Ron shelling out $100,000 for the big day.

He tried to get the divorce thrown out and called their October 2013 Texas wedding a ‘mock marriage ceremony’ which Margo knew wasn’t real.

Last year a Los Angeles. Superior Court judge sided with Margo and declared the couple was in a common-law marriage under Texas law and had also lived together in California as husband and wife.

The Daily Mail article is here.

 

Alimony Reform, Marriage Length, and Permanent Alimony

Does the length of your marriage matter for alimony anymore? Some people are asking that after a recent decision by a Florida appeals court re-wrote the rules for measuring what a long-term marriage is. The Regular Session of the Florida legislature convened in January, and alimony reform is a hot topic in Tallahassee.

Trouble in Tallahassee

The Florida House of Representatives is currently convening in Tallahassee to debate House Bill 843 on Dissolution of Marriage. The bill makes a few changes to the divorce statutes, especially alimony.

The bill also redefines the amount and duration for bridge-the-gap, rehabilitative, and durational alimony, prohibits ordering a spouse who retired prior to a divorce to pay any alimony, except temporary alimony, unless the court determines otherwise and allows payors to modify alimony up to 12 months before his or her anticipated retirement.

The bill removes presumptions about the length of a short, moderate, or long-term marriage, eliminating permanent alimony (but allowing it if agreed to), prioritizing bridge-the-gap alimony, followed by rehabilitative alimony, before any other form.

Meanwhile, across town in Tallahassee, a recent appeals case from the First District Court of Appeal may throw fuel on the fire. After 16 years and 11 months of marriage, a husband asked for dissolution of the marriage.

The judge granted permanent alimony to the wife. The husband appealed saying the trial court should not have awarded permanent alimony, and should instead have given her durational alimony.

Why? The husband argued they were only married 16 years and 11 months — that’s just one-month shy of the statutory presumption of a “long-term” marriage under Florida statutes. But the trial court treated his marriage as if it were a long-term marriage of 17-years or more – even though it clearly was less.

Florida and the Length of Marriage

In Florida, the duration of a marriage always played a very important role in divorce cases. I’ve written about the types of alimony awards available in Florida before. For instance, Florida Statutes dealing with alimony specifically limit the type of alimony awards based on the duration of the marriage.

For determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage less than 7-years, a moderate-term marriage is greater than 7-years but less than 17-years, and long-term marriage is 17-years or greater.

Florida defines the duration of marriage as the period of time from the date of marriage until the date of filing of an action for dissolution of marriage.

In addition to alimony, the duration of marriage is also a factor in property divisions. When a court distributes the marital assets and liabilities between the parties, the court begins with the premise of an equal split.

Changes to Alimony?

The appellate court ruled that despite the statute, being one month shy of the statutory definition of “long-term” was a de minimis period given the length of the marriage, and that the family law judge was allowed to overcome the presumption as to the length of the marriage to qualify it as a long-term marriage.

In Florida, we have a rebuttable presumption that a long-term marriage warrants an award of permanent alimony. This court argued that even if the parties’ marriage falls into the “grey area” between a long and a short-term marriage, the family judge can consider other factors beyond the duration of the marriage.

Other factors can include the earning capacity of the recipient of alimony. For instance, there was evidence that the wife’s health precludes employment. While she was just 53 years of age at the time of the divorce, her age was not a valid basis to deny permanent alimony absent evidence her relative youth would allow her to earn income sufficient to support a lifestyle consistent with that she enjoyed during the marriage.

What impact will this decision have on the Legislature, since they are considering scrapping permanent alimony altogether, and re-writing the rules around what the duration of a marriage is?

The new bill will require courts to consider the standard of living established during the marriage, and make specific consideration of the needs and necessities of life for each party after the marriage is dissolved, including a rebuttable presumption that both parties will inevitably have a lower standard of living than that which they enjoyed during the marriage.

The court of appeals opinion is here.

 

Proving Income for Alimony in the Big Apple

Former New York City Mayor, Rudolph W. Giuliani, filed for divorce and set off a rancorous battle, in part, over how much income the former Mayor actually makes. Proving his income is important for determining her alimony and can be a tough question in the Big Apple.

income divorce big apple

It’s up to you New York

In caustic legal proceedings the couple has battled over many things like kitchen renovations, splurges of $7,131 on fountain pens and $12,012 on cigars. But the primary issue is Mr. Giuliani’s current income.

His wife believes that Mr. Giuliani left his law firm, Greenberg Traurig, in 2018, a month after the divorce was filed, and chose to work for President Trump pro bono in order to reduce any future alimony.

Mr. Giuliani earned $7.9 million in 2016 and $9.5 million in 2017, funding the couple’s roughly $230,000 a month lifestyle. In 2018, the year he began working for the president, Mr. Giuliani’s earnings dipped to $6.8 million, and he has suggested that this year’s income will be well below that.

Mr. Giuliani now gives his wife $42,000 a month, as well as covering other bills, including the carrying costs for their properties, as ordered by Judge Katz in February. Mrs. Giuliani must pay for the landscaping at their home in Southampton.

Mrs. Giuliani says she had no choice but to take him to court, to prove what he is actually worth financially and to get what she believes she is fairly entitled to.

Florida Alimony

I’ve written about the very public circus-like Giuliani divorce before, and on the subject of alimony in Florida. In every Florida dissolution of marriage case, the court can grant alimony to either party – husband or wife.

Not many people realize there are several types of alimony in Florida: bridge-the-gap, rehabilitative, durational, or permanent alimony.

Florida courts can also award a combination of alimony types in a divorce. Alimony awards are normally paid in periodic payments, but sometimes the payments can be in a lump sum or both lump sum and periodic payments.

In determining whether to award alimony or not, the court has to first make a determination as to whether a wife or a husband, has an actual need for alimony, and whether the other party has the ability to pay alimony.

Proving the ability to pay is one of the central issues in the Giuliani divorce right now because his income dropped right before he filed for divorce. Typically, courts consider any type of earned income or compensation — that is, income resulting from employment or other efforts — along with recurring passive income, such as dividends on your investments, in establishing the amount of support you will be responsible to pay.

In Florida, once a court determines there is a need and the income available to pay alimony – sometimes referred to as the ability to pay alimony – it has to decide the proper type and amount of alimony. In doing so, the court considers several factors, some of which can include:

  • The standard of living established during the marriage.
  • The duration of the marriage.
  • The age and the physical and emotional condition of each party.
  • The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
  • 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.

But, after establishing a need for alimony, how much income is there to determine ability to pay?

Life in the Big Apple

Mrs. Giuliani said in an interview.

“I feel betrayed by a man that I supported in every way for more than 20 years, I’m sad to know that the hero of 9/11 has become a liar.”

But to hear Mr. Giuliani’s circle and his legal team tell it, Mrs. Giuliani’s endgame tactics are merely an extension of her personality, which they have not and do not describe kindly.

They portray her as being a social climber through marriage, someone who rose from her background as a nurse by marrying twice, before meeting the mayor of New York City.

And once she found her third husband, Mrs. Giuliani was accused of pushing her new husband’s children and many of his nearest friends away in an effort to control him.

“She has put 20 years into this relationship,” said her friend Andrea Ackerman, a real estate agent from whom she has purchased six homes. “She is not folding. Not this time, uh-uh.”

If there is one regret for Mr. Giuliani as his life once again upends in public, it is that his personal problems end up ensnaring the people around him, he said in an interview:

“Everybody’s life around you is being disrupted. You get the pain of that, but also you get the satisfaction of what it means to be in public office — they don’t. There is a certain amount of guilt in that.”

The New York Times article is here.

 

Short Term Alimony Face Off

According to TMZ, actor Nicolas Cage’s estranged wife, Erika Koike, doesn’t care their Las Vegas marriage only lasted for four days before Cage filed for an annulment. Koike says her marriage is valid, wants ‘the rock’ on her finger, and short term alimony.

‘Leaving Las Vegas’

The actor, 55 and his new bride, 34, a makeup artist, had been dating for over a year when ‘the Family Man’ filed for a marriage license in Las Vegas on March 23.

There was no ‘honeymoon in Las Vegas’, and now their ‘face off’ in a Clark County, Nevada court will be about the validity of their short-term marriage.

‘Seeking justice’, Cage filed for the annulment four days later in claiming that he was too drunk to comprehend what he was doing when they were married — and that he was unaware of Koike’s criminal record at the time.

Erika Koike then filed an answer to the complaint for annulment and a Counterclaim for divorce in court a few weeks after the petition was filed – which Cage filed just four-days after they were married in Las Vegas.

In the pleadings, Cage claims he “reacted on impulse and without the ability to recognize or understand the full impact of his actions,” and also says the marriage was based on fraud.

Florida Short-Term Alimony

I’ve recently written about Cage’s divorce and annulment petition. On the topic of alimony and spousal support, the length of a marriage is important. Florida Statutes actually define what the length of your marriage means.

Length of a Marriage

For example, in order to determine alimony, there is a rebuttable presumption in Florida that a short-term marriage is a marriage having a duration of less than 7 years.

Florida Statutes define a moderate-term marriage as 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.

How do you measure the marriage term? In Florida, the length of your marriage is the period of time measured from the date of your marriage until the date of filing of an action to dissolve your marriage.

In Nicolas Cage’s case, a four-day marriage would be considered “short-term” under Florida law. Is there short-term alimony for a short-term marriage?

Types of Alimony

The Length of the marriage is very important when it comes to determining the kind of duration of alimony payments.

For example, permanent alimony is generally for longer term marriages if the statutory criteria are met. In shorter term marriages and for moderate term marriages, permanent alimony may be considered, but the burden of proof is much higher.

Conversely, bridge-the-gap alimony is generally awarded to allow a person to transition from being married to being single. So, bridge-the-gap alimony is designed for short-term needs. In fact, the length of an award bridge-the-gap alimony may not exceed 2 years.

Durational alimony helps provide a person with economic help for a set period of time after short or moderate length marriages or following a marriage of long duration if there is no ongoing need for support on a permanent basis.

The length of your marriage also factors in to property divisions. When a court divides the marital assets and debts, the court begin with the premise that the distribution should be equal. One of the factors a court can look to in justifying an unequal distribution includes the duration of the marriage.

‘National Treasure’ Hunter

Koike claims Cage’s impulsive actions don’t qualify for an annulment. As for the alleged fraud, she argues Cage asked her to start again “in the right way” just 12 days after filing for an annulment … proving their relationship’s legitimate.

If Cage can successfully prove a case for annulment, Koike would not be eligible for spousal support as she would not be his spouse.

However, if Cage fails, and the court finds he had the capacity to marry and wasn’t defrauded, Koike would be entitled to spousal support.

According to TMZ, Koike argues she lost career opportunities during her long relationship with Cage and her reputation’s been damaged by his allegations. She’s also asking him to pay for her legal fees.

Cage has been married three previous times. Cabe was married to Alice Kim, Lisa Marie Presley, and Patricia Arguette.

The TMZ article is here.

Florida Alimony Reform Sausage

It’s been said laws are like sausages, it is better not to see them being made. If true, then it’s best you not read the two new Florida alimony reform bills recently introduced into the Florida House and Senate. For the unafraid, below are a few provisions of the House bill worth watching.

Alimony Reform

The Current Chorizo

In Florida, alimony is awarded to a spouse when there is a need for it, and the other spouse has the ability to pay for alimony. As I have written before, alimony can take various forms.

For example, alimony can be awarded to “bridge the gap” between married and single life. This is usually a short-term form of alimony, and in fact, can’t exceed two years.

Alimony can be rehabilitative – to help a party in establishing the capacity for self-support by developing skills or credentials; or acquiring education, training, or work experience.

Durational Alimony is awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide you with economic assistance for a time after a short or moderate term marriage, or even long marriages, if there is no ongoing need for support on a permanent basis.

Permanent Alimony is awarded to provide for your needs and necessities of life as they were established during your marriage, if you lack the financial ability to meet your needs and necessities of life following a divorce.

The House Hot Dog

Alimony reform is a nationwide phenomenon.

Currently, there are two bills in Florida trying to be passed to amend our alimony statute and impact other statutes. However, many state bills, like Florida’s, are in progress, or are constantly evolving.

This year’s two bills fundamentally change many family law statutes and cases. Briefly, what we consider to be long and short marriages would change. This is an important measuring stick, because the types of alimony granted can change depending on the duration of a marriage.

Right now, for purposes of determining alimony, there is a presumption that a short-term marriage is less than 7 years, a moderate-term marriage is greater than 7 years but less than 17 years, and a long-term marriage is 17 years or more.

Under the new House bill, a long-term marriage would be 20 years or more, a mid-term marriage would be more than 11 years but less than 20 years, and a short-term marriage would be a marriage of less than 11 years.

Another proposed change concerns the type of alimony. Right now, when a court determines the type and amount of alimony, the court weighs several factors, including, the standard of living, the age and the physical and emotional condition of the parties and sources of income available to pay alimony.

Under the new House bill, a trial court awarding alimony would have to prioritize an award of bridge-the-gap alimony, followed by rehabilitative alimony, over any other forms of alimony. Additionally, the new bill eliminates permanent alimony.

The Equal Time-Sharing Bratwurst

Florida has a public policy that each child has frequent and continuing contact with both parents after the parents separate or divorce and tries to encourage parents to share the rights and responsibilities, and joys, of childrearing.

However, there is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying a parenting plan of the child.

The new House bill would dramatically alter the law. The proposed bill would make it Florida law that equal time-sharing with a minor child by both parents is in the best interest of the child unless the court finds one of the stated reasons not to.

The House bill is available here.

 

Short Term Alimony for a Three-Minute Marriage

In Kuwait, a newly married woman demanded a divorce within three minutes of signing her marriage contract. The Kuwaiti marriage is one of the shortest on record. But here’s an interesting question: what if she asked for short term alimony?

Short Term Alimony

Sands of Time

What lead to such an abrupt change of mind about nuptials? According to Kuwaiti news sources, the newly married woman tripped before exiting the courthouse with her husband after the judge married them.

Her newly minted husband made the “classic” new husband mistake: he started laughing at her for tripping and then called her “stupid”.

The bride became so infuriated with her new husband’s naïve mistake, she returned to the courthouse and demanded a divorce from the judge who just married them.

The Kuwaiti judge agreed and served an annulment just three-minutes after he originally married them. The couple, who live in Kuwait, never even left the courthouse as husband and wife.

So, is she entitled to any form of alimony?

Florida Alimony

I’ve written about divorce and the length of a marriage before. Florida Statutes actually define what the length of your marriage means. For example, in order to determine alimony, there is a rebuttable presumption in Florida that a short-term marriage is a marriage having a duration of less than 7 years.

Florida Statutes define a moderate-term marriage as 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.

How do you measure the marriage term? In Florida, the length of your marriage is the period of time measured from the date of your marriage until the date of filing of an action to dissolve your marriage.

In the Kuwaiti case, a three-minute marriage would be considered “short-term” under Florida law. Is there short term alimony for a short term marriage? The Length of the marriage is very important when it comes to determining the kind of duration of alimony payments. For example, permanent alimony is generally for longer term marriages if the statutory criteria are met. In shorter term marriages and for moderate term marriages, permanent alimony may be considered, but the burden of proof is much higher.

Conversely, bridge-the-gap alimony is generally awarded to allow a person to transition from being married to being single. So, bridge-the-gap alimony is designed for short-term needs. In fact, the length of an award bridge-the-gap alimony may not exceed 2 years.

Durational alimony helps provide a person with economic help for a set period of time after short or moderate length marriages or following a marriage of long duration if there is no ongoing need for support on a permanent basis.

The length of your marriage also factors in to property divisions. When a court divides the marital assets and debts, the court begin with the premise that the distribution should be equal. One of the factors a court can look to in justifying an unequal distribution includes the duration of the marriage.

Are congratulations in order?

Many on the internet who heard about the case responded in support of her choice, lauding her decision because, as one put it, “If this is how he acts in the beginning of their lives together, then its best she leaves now.”

Another responded, “Marriage without respect is a failed one from the start.”

A Twitter user commented: “This woman is a queen” In another case a bride who insulted her husband-to-be when she arrived at the altar and demanded the groom change his outfit. It’s believed to be the shortest marriage in Kuwait’s history.

The Khaleej Times article is here.

 

Alimony Humbug

Arctic Monkeys drummer Matt Helders is ending ‘a certain romance’ and just filed for divorce from his wife Breana McDow-Helders after two years of ‘crying lightning.’ But alimony may not be an issue in this short-term marriage. Why?

Alimony Humbug

R U Mine?

According to the divorce papers filed, Breana and Matt separated at the end of October. Matt is asking for joint legal and physical custody of their daughter.

Some reports though, Helders says they’ve mutually agreed to not pay each other spousal support after their two-year marriage.

Florida Alimony

Alimony is a frequently written about subject in Florida. Spousal support is governed in Florida by a statute. The alimony statute requires judges to consider several factors, including the duration of the marriage.

The duration of the marriage is an important factor to consider in awarding alimony. For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 7 years.

By contrast, a moderate-term marriage is a marriage having a duration of greater than 7 years but less than 17 years. Not surprisingly, a long-term marriage is a marriage having a duration of 17 years or greater.

The length of a marriage is measured from the period of time from the date of marriage until the date of filing of an action for dissolution of marriage. This can be important, for example, after a marriage of short duration, permanent alimony would not usually be available unless the trial judge makes written findings of exceptional circumstances to award permanent alimony.

Worst Nightmare

The couple got hitched in Italy back in June 2016. They have a 3-year-old daughter together. It’s unclear what led to the split.

Matt and Breanna started dating way back in 2011, and they got engaged in 2013 before tying the knot in Europe.

Matt is one of the founding members of the indie rock band, and he’s recorded six studio albums with the Arctic Monkeys. The band has also been nominated for five Grammy Awards.

He has played drums and provided backing vocals on all six of the band’s studio albums. Matt also provided the drum tracks on Iggy Pop’s 2016 studio album Post Pop Depression and played on Lady Gaga’s 2016 album Joanne.

The Daily Mail article is here.

Photo credit Bill Ebbesen

Alimony and Cohabitation

Actress, Alicia Silverstone, is on the hook for large monthly alimony payments following the finalization of her divorce from ex-husband Christopher Jarecki. What’s different is that alimony can end if he cohabitates with someone. What is Florida law on alimony and cohabitation?

Alimony cohabitation

The Wonder Years

According to media sources, the Clueless star is responsible for paying $12,000 per month in spousal support until Jan. 31, 2024, with the due date being the first of every month, according to court documents obtained by ET.

While the 42-year-old actress is required to pay the substantial spousal support sum for the next five years, the agreement provides that if Jarecki, also 42, lives with a “romantic partner” for at least five months out of a 12-month period, Silverstone’s financial obligation “shall immediately terminate.”

The couple also agreed to share joint physical custody of their 7-year old sone, with an equal and fair custody schedule to be agreed upon by both parents.

Florida Alimony & Cohabitation

I’ve written about alimony issues before. An early end to alimony because of cohabitation can be a clause anyone who pays alimony would want. As Silverstone’s divorce shows, very often it can be women paying alimony to men.

In Florida, cohabitation is referred to as a “supportive relationship.” In Florida, our statute allows a court to reduce or terminate an award of alimony if a supportive relationship exists between the recipient of alimony and the person the alimony recipient resides with.

The Crush

In determining whether a supportive relationship exists, the court considers the following:

  • The period of time that the obligee has resided with the other person in a permanent place of abode.
  • The extent to which the obligee or the other person has supported the other, in whole or in part.
  • The extent to which the obligee or the other person has performed valuable services for the other.
  • Whether the obligee and the other person have jointly contributed to the purchase of any real or personal property.
  • Evidence in support of a claim that the obligee and the other person have an express agreement regarding property sharing or support.
  • Whether the obligee and the other person have provided support to the children of one another, regardless of any legal duty to do so.

But simply proving a supportive relationship is not enough. Also, people can waive their right to seek modification of alimony in a settlement agreement. Cohabitation is not as easy to prove as you might think. Even if you can prove a supportive relationship, you must check your agreement to see if you can even modify alimony.

Clueless

The Silverstone agreement also has a clause stating that if his “housing costs” are reduced by at least 50 percent as a result of sharing a residence with any unrelated adult for five months out of a 12-month span, Silverstone would also be free from her support payments.

The pair started dating in 1997 and tied the knot in 2005. They later welcomed their son in May 2011. When Silverstone filed for divorce earlier this year, the actress’ rep released a statement to ET addressing the nature of their split.

According to court documents obtained by ET at the time, Silverstone cited “irreconcilable differences” as the grounds for the termination of their 13-year marriage.

The ET article is available here.

 

Alimony Home Run

Major League Baseball’s Pete Rose said in court documents he’s in “poor health” as he attempts to finalize a divorce from his estranged wife, Carol Rose, so he can marry girlfriend Kiana Kim. Pete Rose is looking to score a home run by limiting his alimony exposure.

Alimony

Charging the Mound

Rose filed the divorce pleading because the noted the longtime Cincinnati Reds superstar, who’s now 77, is dealing with a myriad of physical issues.

“[Rose] is currently disabled and can barely walk or travel,” the filing read. “His health is deteriorating and [he] has a heart condition and [is] on blood thinners.”

The documents seem to be in relation to establishing his income as part of the divorce. The papers say he lost two jobs in 2017, Fox Sports and Hit King, so his yearly income has dropped by more than half.

Rose says he still makes $453,000 a year according to TMZ Sports but has “great debts” and major expenses including attorney’s fees.

Florida Alimony

I’ve written about alimony in Florida before. In every dissolution of marriage case, the court can grant alimony to either party – husband or wife.

There are several types of alimony in Florida: bridge-the-gap, rehabilitative, durational, or permanent alimony. The court can also award a combination of alimony types.

Alimony awards are normally paid in periodic payments, but sometimes the payments of alimony can be in a lump sum or both lump sum and periodic payments.

In determining whether to award alimony or not, the court has to first make a determination as to whether someone like Rose’s wife has an actual need for alimony, and whether the other party has the ability to pay alimony.

Once a court determines there is a need and ability to pay alimony, it has to decide the proper type and amount of alimony. In doing so, the court considers several factors, some of which can include:

  • The standard of living established during the marriage.
  • The duration of the marriage.
  • The age and the physical and emotional condition of each party.
  • The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
  • 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.

In Pete Rose’s case, he’s going to be putting up evidence that his age and his physical and emotional condition should be given a lot of consideration by the court in determining alimony or the amount of alimony.

Double Play

The 17-time All-Star selection, three-time World Series champion and 1973 NL MVP is going for a double play. In addition to his physical condition, Rose added he’s lost around $550,000 in annual income over the past year, bringing his yearly earnings to $453,000.

Rose is attempting to block his wife from receiving spousal support or forcing him to cover legal fees related to the divorce, by proving his financial condition does not justify it.

The Cincinnati native was banned for life in 1989 for betting on baseball. His attempt to gain reinstatement, and create a potential Hall of Fame path, was denied by commissioner Rob Manfred in 2015.

Rose was enshrined in the Reds Hall of Fame in 2016.

The Bleacher Report article is here.