Tag: spousal support

Thelma & Louise and Alimony

Posted by Ron Kauffman on

A star of movies and television, actress Geena Davis, has announced she is divorcing her husband, Reza Jarrahy. According to documents, her husband is seeking alimony from his wife, and has asked that a request for spousal support by Davis be denied. What is alimony?

Earth Girls are Easy

This is Geena Davis’ fourth marriage. The actress’ husband filed for divorce after nearly 17 years of marriage on Tuesday. According to court documents obtained, Jarrahy cited irreconcilable differences and stated Nov. 15, 2017, as their date of separation.

In the court documents, which were filed under the names Rob Doe vs. Veronica Doe, Jarrahy is asking for spousal support and joint legal and physical custody of their children.

He is also asking the judge to deny any request by Davis for spousal support.

Florida Alimony

I’ve written about alimony and alimony reform in Florida often. 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 a party, like either Davis or her husband, 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.

A League of Her Own

Davis is not only an actress, but a film producer, writer, and former archer. She is known for her roles in The Fly, Beetlejuice, Thelma & Louise, A League of Their Own, and The Accidental Tourist, for which she won the 1988 Academy Award for Best Supporting Actress.

The People article is here.

 

Fast Break Alimony

Posted by Ron Kauffman on

According to various reports, former NBA lottery pick, Shelden Williams, may get a massive, lump sum, $400,000 alimony check from his WNBA star wife, Candace Parker. This post is about lump sum alimony.

Slam Dunk

That is the reported marital settlement agreement between Williams, and his wife, WNBA Los Angeles Sparks star, Candace Parker. Parker, one of the biggest stars in WNBA history, married Williams two years after he was selected 5th overall in the 2006 NBA Draft.

Despite the fact that her husband reportedly made more than $12m during his 6-year NBA career, Parker has apparently done better, and agreed to shell out the $400,000 alimony payment. In exchange, she won’t have to pay ongoing spousal support.

Florida Lump Sum Alimony

Lump sum alimony is not a form of alimony, but really a method of payment of alimony or equitable distribution.

I’ve written about various types of alimony before. Any form of alimony, durational, bridge the gap, etc., may be paid as lump sum alimony. Lump sum alimony can also be paid in installments.

Lump sum alimony is available where special circumstances exist to pay other forms of alimony in a lump sum. It may be comprised of real property too. A lump sum payment establishes a fixed monetary obligation which vests immediately, is non-modifiable, and does not terminate upon death or remarriage.

So, if the need for alimony exists, there must be some special circumstances to explain why non-modifiable award is appropriate.

Special circumstances may include a payor who has a history of non-payments. It may also be appropriate if the parties are of advanced age and close to retirement.

Full Court Press

Drafted No. 1 overall by the Sparks in 2008, Parker led the franchise to a championship during the 2016 season and was named MVP of the WNBA Finals. She has also played overseas for professional teams in Europe and China.

Williams was the fifth overall pick in the 2006 NBA draft by the Atlanta Hawks. The former Duke star played six seasons in the NBA before playing in France and China until 2015.

Parker and Williams married in 2008. They also have an 8-year-old daughter. According to reports, the couple agreed to joint legal and physical custody over their daughter. Child support is also interesting. According to reports, neither party will pay child support to the other. Instead, they both agreed to equally fund her education and split any major costs associated with her care.

The Bleacher Report article is here.

 

Temporary Alimony

Posted by Ron Kauffman on

Grammy Award winner, Mary J. Blige, is the only artist with Grammy Awards in R&B, Rap, Gospel, and Pop. She was just ordered to pay her husband, Martin Isaacs, $30,000 month in temporary alimony. For someone who sang the famous: “No More Drama” song, her divorce is anything but.

Dirty Tricks

Mary and her husband Martin married back in 2003. The divorce cited irreconcilable differences as the reason for the split. The couple has no children together. Mary asked the judge to deny Martin’s ability to get spousal support.

I have written about their divorce before, when she accused Martin of having spent $420,000 of the parties’ marital funds. Martin was Mary’s manager. So, it could be that much of the money allegedly spent on himself or a girlfriend can be chalked it up as “travel charges.” However, Mary alleges the $420,000 in expenses were not business-related.

While the issue of waste remains unsettled, the issue of paying temporary alimony to Martin is not.

Alimony

Generally, Florida Statutes provide that in any proceeding for dissolution of marriage, the trial court can grant alimony to either party. There are many types of alimony in Florida a judge has discretion to award, including: bridge-the-gap, rehabilitative, durational, or permanent.

Also pursuant to Florida law, temporary alimony can be awarded to either spouse if a spouse requests it during a dissolution of marriage action.

The standard for awarding temporary alimony is the same as when the trial court considers a request for permanent alimony, namely, the parties’ standard of living along with the need of the petitioning spouse and the ability of the other spouse to pay.

Sometimes the spouse asking for temporary alimony has significant assets to live on. In cases in which people have significant cash in the bank to support themselves while the suit is pending, courts should not always award temporary alimony, even if the other spouse is able to pay it.

However, if the spouse asking for a temporary alimony has a net worth four times that of the other spouse, especially if their annual income is more, it is unlikely that the spouse would be entitled to an award of temporary alimony. Temporary alimony might not be awarded if the temporary financial award exceeds or nearly exhausts the paying party’s income.

Drama

While Blige and Isaacs have no biological children together, the significant temporary alimony award was designed to accommodate the “style of living” Isaacs was accustomed to while he was married to Blige.

“My success as an entertainer has nothing to do with [Isaacs]. I was successful when I met him and have continued to enjoy success, although there have certainly been ups and downs,” Blige claimed, per E!.

The Grammy-winning singer also explained that she was in debt as she made no money from the European leg of her recent tour.

Worse still for the singer, Blige also has to pay her husband alimony retroactively – dating back to September – as well as account for his attorney fees for a total of $235,000.

The Yahoo article is here.