Tag: Alimony

Modification of Alimony and Support, and some great Coronavirus information

More and more of my clients are asking about modification of alimony and child support because they or their Ex has lost jobs or seen their incomes slashed. There is also a wealth of information about the coronavirus, and one video in particular is a standout.

Alimony Modification

Life in the Coronavirus Economy

We didn’t just pass a $2 Trillion aid package for no reason. Markets have suffered, restaurants, bars and other businesses across the country have closed or are limping along until the market returns.

Employers have furloughed employees or reduced staffing in order to prevent the spread of the cornavirus and manage the economic impact it has created. For many people, this impacts their bottom line.

What if you or your ex-spouse or co-parent has alimony or child support obligations that can no longer be paid as a result of reduced income? Or what if you have lost your job and need additional support?

The time to act may be now in order to get the right information, preserve your legal rights, even while you are trying to work cooperatively with your Ex for the benefit of everyone in the family.

Florida Alimony and Child Support Modification

I recently 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 brought on by the Coronavirus in people’s health, inability to go back to work, 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.

Simply not paying alimony and child support could cause the court to issue sanctions, pay the other side’s attorney’s fees, have your driver’s license suspended, or possibly even jail.

Great Coronavirus Information

There’s an excellent and instructive video from Dr. David Price of the Weill Cornell Medical Center in New York City who is treating COVID-19 patients. Dr. Price shares information in a Zoom call with his family and friends on protecting yourself during the COVID-19 pandemic. Well worth a look. Some important take aways:

  • Clean your hands.
  • Wear a mask outside – not to prevent breathing in the coronavirus – but because your less likely to touch your face.
  • Stay away from people. Distance yourself from other people outside of your quarantine. Stand a 3-6 feet back.
  • Shrink your social circle. Find your isolation group and keep. It is the people maintaining large social circles who are catching and spreading COVID-19.
  • What if you catch COVID-19?

Throughout the world, the way the COVID-19 disease has been transmitted is primarily through family and your close contacts: dads and sons, husbands and wives, romantic partners, etc. If you develop a fever, isolate yourself from your family and the same rules apply: no-sustained contact to avoid picking it up. Ideally, the sick should have their own bathroom, their own bedroom, one medical mask is needed . . . on the person who is sick.

The video 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.

 

Speaking at Marital & Family Law Review Course

Honored to be asked to speak to over 1800 divorce lawyers, judges, hearing officers and other professionals at the prestigious Marital & Family Law Review Course in Orlando from January 31st to February 1st. I will be discussing modifications of parenting plans, settlement agreements, alimony and support. The event is co-sponsored by the Florida Bar Family Law Section and the American Academy of Matrimonial Lawyers.

Cert Review Speech

Modifications

Life happens. When it does, we often have to make changes to our parenting plans, agreements, the alimony we pay or receive, and the amount of support being paid. What do you need to modify any aspect of your divorce agreement or order?

In Florida, a substantial change is what must be proven in court when a parent wishes to modify a previous court order or divorce or separation agreement. It may be the person who must pay alimony or support and recently retired, lost their job, or received a significant pay cut.

A change may come from a whose job now allows them to spend more time at home and would like to spend that extra time with their children. Whenever there has been a substantial change in your circumstances you may be able to ask for a modification of your court order or agreement

Certification Review Course

It is a privilege to be invited to speak again at the annual Marital and Family Law Certification Review course again.

The annual seminar is the largest, and most prestigious advanced family law course in the state. Last year’s audience included over 1,800 attorneys and judges from around the state.

The review course is co-presented by the Family Law Section of The Florida Bar, and the American Academy of Matrimonial Lawyers.

Registration information is available here.

A Slice of Equitable Distribution and Alimony

The wife of Papa John’s founder John Schnatter filed for divorce, claiming her marriage with the unemployed pizza executive is “irretrievably broken,” according to court papers filed in Kentucky. If there is no prenuptial agreement, how big a slice of equitable distribution of the stock and any alimony is Annette entitled to?

Slice of Equitable Distribution

When the Moon Hits Your Eye

Papa John’s is an American pizza restaurant franchise. It runs the fourth largest pizza delivery restaurant chain in the United States, with headquarters in Jeffersontown, Kentucky, a suburb of Louisville.

Papa John’s was founded in 1984 when “Papa” John Schnatter knocked out a broom closet in the back of his father’s tavern, Mick’s Lounge, in Jeffersonville, Indiana. He then sold his 1971 Camaro Z28 to purchase US$1,600 worth of used pizza equipment and began selling pizzas to the tavern’s customers out of the converted closet.

John’s pizzas became so popular he moved into the adjoining space. The company went public in 1993 and a year later it had 500 stores. By 1997 it had 1,500 stores. And in 2009, John got his Camaro Z28 back after offering a $250,000 reward.

Schnatter and Annette Cox, 59, had been married since April 11, 1987, and separated on April 1 of this year, the wife’s attorney Melanie Straw-Boone writer in papers filed in Oldham Circuit Court. Cox called Schnatter a 57-year-old Louisville resident who “is not employed,” according to the boilerplate, three-page petition.

“The marriage between petitioner and respondent is irretrievably broken”.

The couple have two children and share unspecified real estate holdings, the filing said. Schnatter stepped down as CEO in late 2017 after reports surfaced that he uttered a racial slur during a conference call.

Alimony, Equitable Distribution, and the Length of Marriage

In Florida, the duration of marriage is an important topping 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.

So, 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.

The duration of marriage can also be a large slice of the property division. When a court distributes the marital assets and liabilities between the parties, the court begins with the premise of an equal split.

However, there are times and cases which justify an unequal distribution based on several relevant factors. One of the factors a court can consider is the duration of marriage, in addition to other factors.

Dividing assets between spouses – especially large companies such as Papa John’s – is not as simple as taking a pizza cutter to a hot pie; even with agreements. Very often assets have appreciated over the course of several years. The longer the marriage is, the more a business interest can appreciate. When property appreciates, you need to distinguish between passive and active appreciation. A passive asset could be an investment account which is never traded.

A business, on the other hand, is an active investment, and the percentage a spouse is entitled to may depend on different things. Even with the most sophisticated couples, such as the Schnatter/Cox family, unless you clairvoyant, issues will arise that no one considered in earlier agreements, and are prime for negotiation.

Pizza Ready?

Separate from the divorce case, Schnatter filed a lawsuit Thursday against an advertising firm which was at the center of the racial slur incident.

Schnatter allegedly uttered the slur during a call with advertising firm Laundry Service, which the pizza executive accused of recording him without his consent. The lawsuit claims that Laundry Service leaked excerpts of the conference call, which broke a nondisclosure agreement.

Two weeks ago, Schnatter accused his former company of making substandard pizza. He said his former company has failed in keeping up with its long-time slogan: “Better Ingredients, Better Pizza.”

“I’ve had over 40 pizzas in the last 30 days, and it’s not the same pizza,” Schnatter told WDRB, a Fox affiliate in Louisville, Kentucky. “It’s not the same product. It just doesn’t taste as good.

The NBC News article 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.

 

Divorce Tax Strategies

As the New York Times reports, divorce can be a business negotiation. Harsh as that may sound — especially if there are children being fought over — when a couple gets to a final hearing or mediation, numbers matter. There are some divorce tax strategies you should know about involving the home, alimony, and even the time allotted with children.

divorce tax strategies

New Tax Code

Divorce negotiations are never easy, but they became even more complicated this year after the sweeping overhaul of our tax code changed many of the calculations that factor into the logistics of divorce.

The most sweeping tax legislation since 1986 was signed into law in 2017 and are only now taking effect. The Tax Cuts and Jobs Act makes reductions to income tax rates, reduces the income tax rate for corporations and pass-through entities like Sub-S corps and LLCs.

The revised tax code has brought some surprises to couples going through a divorce too, and many lawyers are suggesting that clients bring accountants into the divorce team to lay out the tax implications of age-old strategies.

Nothing is Certain: Divorce and Taxes

I’ve written about divorce and taxes before. The new tax code changes will impact your divorce, but the alimony deduction change may not be the only tax change which you should take into consideration in your divorce.

Many people are criticizing the new tax law in general. For example the decision to end the alimony deduction receives a lot of criticism. Many are saying it made divorce worse.

People won’t be willing to pay as much in alimony, which will disproportionately hurt women who tend to earn less and are more likely to be on the receiving end of alimony payments.

On the other hand, the alimony deduction itself has also been criticized. For example, the government argues the deduction is a burden on the IRS because, if the alimony amounts ex-spouses report paying and receiving don’t match, it can force the agency to audit two people who may already be feuding.

So, what are some of the new divorce ax strategies to consider with the changes to the tax code?

Alimony

Everyone involved in divorce has been talking about what happened to alimony and taxes. Last year I was warning clients in the midst of their divorces to hurry things up because of the new tax law changes which made alimony not deductible anymore. But like love, divorce cannot be rushed.

For divorces completed this year, and in the future, the spouse paying alimony can no longer deduct the alimony from taxes while the spouse receiving the money no longer has to claim it as income.

The loss has made alimony payments more costly to the paying spouse because it eliminated a tax break that often served as a reason to bring about an agreement by taking off the sting of alimony payments.

Family Home

The new tax law’s restrictions on deducting state and local taxes (the so-called “SALT” deductions) surprised many who saw their tax bill go up. When it comes to divorce, that limitation on deducting your real estate taxes can turn your home into a hot potato.

Usually, the spouse with less money would often want to keep the marital home for the children, but doing so now has become more costly.

In high-property-tax states, some divorcing couples are looking to get rid of second homes as well. Some states further complicate the process by having a set of standards that were created when alimony and state and local taxes were deductible on federal tax returns. While the SALT deductions have changed, the standards have not.

Dependents

The tax value of children in a divorce was also changed in the tax overhaul. In financial terms, children have become a smaller deduction.

The exemption for each dependent — $4,050 per person — was eliminated, but the child tax credit was increased to $2,000.

That credit starts to phase out at $200,000 of income for an individual and disappears at $240,000. This can impact you because the credit can be given to the spouse with lower income in exchange for a break elsewhere in the negotiations.

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