Alimony and Stay-at-Home Parents

Permanent alimony in Florida is the stuff of legend, but it is neither a given nor terribly elusive.  It all depends on the specific circumstances of the family. Typically, the recipient of permanent alimony is someone who was married for at least 17 years and did not earn an income for most of the marriage. Besides chronic illnesses, being a stay-at-home parent is the most common reason for not working during a long marriage. These are some recent cases where stay-at-home parents have requested alimony; in some cases, the courts awarded it.

• Brezault v. Brezault: Both parents worked during the marriage, but the husband reduced his working hours after the child was born. He continued to work fewer hours in order to spend more time with the child. Therefore, the court ruled that the wife, whose income was higher, should pay him durational alimony.
• Dickson v. Dickson: The wife was out of the workforce for 20 years, beginning in her early 20s, raising the couple’s three children. The trial court awarded her rehabilitative alimony, as she was studying to become a surgical technician at the time of the divorce. On appeal, she successfully argued that she had lost a lot of her earning potential during two decades as a stay-at-home parent. The appeals court granted her request for permanent alimony.
• Hua v. Tsung: The wife requested permanent alimony, as she had been a stay-at-home parent during most of the couple’s 17 years of marriage. The court instead awarded her rehabilitative alimony, so that she could become certified as a nurse; it imputed an annual income of more than $50,000 per year to her after receiving her certification and determined that she did not need permanent alimony.

Contact Alan Burton About Your Need for Spousal Support

Florida courts are in agreement that stay-at-home parents are entitled to alimony, but they decide what type of alimony on a case-by-case basis. Contact Alan R. Burton in Boca Raton, Florida with questions about divorce and spousal support.

Courts also sometimes award permanent alimony after a long marriage when the supported spouse is young enough to have a career ahead of her. Kimberly Dickson successfully argued before an appeals court that, because of the 20 years she had spent as a stay-at-home parent, her earning potential was considerably less than if she and her former husband had not agreed that she should stay home for all those years. In other words, courts take into account a spouse’s contributions to a marriage that are not in the form of currency and other material assets. Kruse v. Levesque is another case where an appeal court awarded permanent alimony to a woman in her 40s; in this case, the marriage had lasted only 11 years, and the court ruled that permanent alimony was appropriate because of the wife’s disability.

Details of the Kruse v. Levesque Case

Jennifer Kruse and Martin Levesque were married from 2002 until 2012; they were in their 40s at the time of the divorce. Martin had a lucrative job in the computer industry throughout their marriage. Jennifer worked as a psychologist until 2007, when health problems made it necessary for her to quit working; she received disability payments after that.

The court followed the standard procedure in determining alimony. First, it determined that Jennifer was in need of spousal support and that Martin was able to pay it. Next, it determined what kind of alimony to award. It ruled out bridge the gap alimony because that is only for temporary, divorce-related expenses, and rehabilitative alimony because that is for preparing to reenter the workforce, which Jennifer’s disability prevented her from doing. Instead, the trial court awarded durational alimony, a series of monthly payments with a pre-set end date.  Durational alimony is the standard in medium-term marriages. Jennifer appealed the ruling, arguing that permanent alimony was the most appropriate type because her need was ongoing.  She had no other way of bringing in an income besides her disability payments, which did not cover all her expenses. The appeals court ruled in her favor.

Contact Alan Burton About Alimony Cases

With six types of alimony recognized in Florida, there is plenty of room for discussion and disagreement. Contact Alan R. Burton in Boca Raton, Florida for another opinion on your alimony arrangement.

Regardless of the fact that there are far fewer true deadbeat dads in real life than there are in the popular imagination, child support obligations are not the only reason that Florida’s family courts make decisions based on someone’s imputed income. The Koscher v. Koscher case involves the divorce of a wealthy couple who did not have minor children at the time of the divorce. Instead, the judge relied on imputed income purely to determine alimony payments.

What is Imputed Income?

In short, imputed income is estimated potential income. When a supporting spouse (or a parent paying child support) is earning an income, the courts base the amount of support payments on the income amount. If the court determines that the person is voluntarily unemployed or intentionally earning less money than he or she could, the court bases the support payments on what the person should be earning based on his or her previous work experience and previous income amounts.

The Koscher v. Koscher Case

At the time of their divorce, Daniel and Marcie Koscher had been married for 30 years and had two adult children. Marcie had been unable to work throughout their marriage because of chronic health problems, and both spouses agreed that she should receive permanent alimony. Where they disagreed was on the amount of alimony. At the time of the divorce, Daniel was receiving severance pay from a job that had laid him off. Instead of looking for another job, he tried to start his own company, but it did not become profitable. Three years after the divorce, the court ordered him to increase his support payments, and it based the amount on an imputed income of $850,000 per year. (During the last years of the marriage before being laid off, Daniel’s income had ranged from $450,000 to more than a million.) The court decided that Daniel was voluntarily unemployed and that three years was plenty of time for him to find a new job.

Contact Alan Burton About Imputed Income Cases

Decisions involving what someone “should” earn are always fairly subjective and not set in stone. Contact Alan R. Burton in Boca Raton, Florida, if you think the court has imputed too much income to you or too little income to your former spouse.

Background of the Wayne v. Einspar Case

Matthew Wayne and Susan Einspar divorced in 2013, after their son had reached adulthood. At the time of their divorce, both parents had separately cosigned for various loans for their young adult son. Wayne was a cosigner on the student loans, and Einspar was a cosigner on the car loan. In the original divorce decision, the court did not count the loans as marital property.  Additionally, the court required Wayne to pay permanent alimony to Einspar and to keep a life insurance policy with Einspar as the beneficiary in order to secure this alimony. Wayne filed an appeal, challenging the court’s original decision on 10 counts, many of them related to alimony.

The Appeal

Wayne appealed many aspects of the court’s decision regarding the couple’s finances. He disagreed with the award of permanent alimony and the way the court calculated his net income.  He also challenged the fact that the court did not impute Einspar’s income; that is, it did not take into account her income potential. The court rejected most of his requests; in fact, it only reversed its decision on two of the 10 counts.

In deciding the appeal, the court gave Wayne credit for paying temporary alimony to Einspar during the approximately two years between when the couple filed for divorce and before the divorce was finalized. Temporary alimony is one of six types of alimony in Florida; it is paid only as long as the divorce case is ongoing, and it automatically ends when the court issues a divorce decree.

The court also ruled, in response to Wayne’s appeal, to count the student loan and car loan as marital property. In Florida, all assets and debts accrued by either spouse during the marriage are generally considered marital property, even if they are not registered in the names of both spouses. Since Wayne and Einspar had taken out the loans for their son before filing for divorce, the court declared in the appeal ruling that these debts were marital property.

Contact Burton Law With Questions About Complex Divorce

Family finances are never simple when a divorce happens after a long marriage. Contact Alan Burton in Palm Beach County with questions about alimony and division of property.

Florida’s Equitable Distribution Doctrine

Florida courts divide divorcing couples’ property according to the principle of equitable distribution. In other words, they go by what is fair. They do not always divide marital property evenly, and they do not simply take into account how much income each spouse brought in and then let each spouse keep only the money he or she earned. Florida law also considers unpaid contributions to the marriage as reasons a person is entitled to a certain share of the marital property. For example, time spent as a stay-at-home parent also counts as a contribution. The logic is that, when taking care of the children full time, the stay-at-home parent spouse was freeing up the other spouse to concentrate more on earning money.

The courts also consider misconduct, which, in the case of equitable distribution means intentionally misusing marital property in order to sabotage the marriage or in order to prevent the other spouse from having access to it in the event of a divorce. Examples of misconduct include spending money on an extramarital affair partner or gambling with jointly owned money.  Unsuccessful business ventures undertaken in good faith are not considered misconduct.

The Gotro Case and Equitable Distribution

John Gotro and Catherine Gotro were a Florida couple married for 39 years. All of their children were adults at the time they divorced, so child support and parenting plans were not part of their divorce case. The couple’s assets were considerably less at the time their divorce was finalized than when it was initiated. Catherine alleged misconduct, claiming that her husband intentionally wasted the money, so that the divisible assets would be less when the divorce was finalized.  John claimed that he had spent the money on household expenses for him and for his estranged wife, meanwhile paying her temporary alimony. The court sided with John, as misconduct, as it applies to equitable distribution, refers only to a very specific set of behaviors. It is also notable in this case that the court awarded Catherine permanent alimony because of her age and the length of the marriage.

Let Alan R. Burton Help You Navigate Property Division in Divorce

Dividing property in a divorce is not just as simple as calculating who earned how much.  Contact Alan Burton in Palm Beach County with questions about your entitlement to your share of marital property in divorce.

Custody

People tend to speak of one parent having custody of the children after a divorce, while the other parent has visitation. In the 1980s and 1990s, it was more common than it is now for children to spend most of their time with one parent and to spend only two weekends a month with the other parent. Now, when possible, courts often rule to have children spend at least two nights per week with each parent. Exceptions are when the parents live so far away from each other that it is not practical to transport the children back and forth each week.

What to Say Instead: The current version of the Florida parenting plan template contains language about timesharing; it has details about what portion of every school week and every school vacation the children will spend with each parent.

What Custody Really Means According to the Law: Florida law makes a distinction between physical custody (where the children spend time) and legal custody (decision making power).  Florida parenting plans also ask parents to specify which parent is responsible for which decisions related to the children.

Temporary Alimony

Florida judges can award any of six types of alimony in a divorce. Only one of them is truly permanent. The term “temporary alimony” refers to only one of the five non-permanent types of spousal support.

What to Say Instead: Call each type of alimony by its official name. For example, if the alimony is being awarded to help the supported spouse become certified to practice a certain profession, so that he or she can become financially independent, it is rehabilitative alimony. If it is just one alimony payment, no matter how large or how small, it is lump sum alimony.

What Temporary Alimony Really Means According to the Law: Temporary alimony is spousal support paid in installments while the divorce case is still being decided. It automatically ends once a court formally dissolves the marriage. If the spousal support payments will continue even for a short time after the divorce is final, then it is not technically alimony.

Burton Law Makes Family Law Understandable

Family law case documents can be full of legal terms that mean something other than they mean when they are used in everyday speech. Contact Alan Burton, a Palm Beach family law attorney, for straight answers about divorce, spousal support, and parenting plans.

Local media have recently highlighted the complexities of high asset divorce by reporting on the divorce of Nancy Hua and Dennis Tsung, an affluent South Florida couple. As of August 2017, the details of how to divide the couple’s assets have yet to be completely worked out. The rulings issued so far in the divorce and in Nancy Hua’s appeal reveal many interesting things about the way Florida courts view property division between divorced spouses.

Wealth Plus Time Does Not Always Equal Permanent Alimony

Nancy and Dennis were married for almost 18 years. In the original divorce case, Nancy requested permanent alimony of $20,000 per month. For most of the marriage she had been a stay-at-home parent with no income. The spousal support award she received was for rehabilitative alimony; Dennis was to pay her $2,500 per month for two years. He was also to pay $12,000 toward her educational expenses; the plan was for her to attend nursing school and then begin working. The court estimated that she would be able to earn an annual income of $50,000 working full time as a nurse. The reason for the court’s decision to award rehabilitative alimony is that Nancy Hua had plenty of potential for gainful employment. She was in her early forties and in good health, and her children were old enough not to require full time childcare.

What Counts as Marital Property?

Another point of contention in the divorce was some valuable shares that Dennis Tsung owned in a Chinese company. He argued, though, that the shares should not be considered marital property because it was his father who had bought the shares in Dennis’ name. Nancy, Dennis, and the elder Mr. Tsung agreed that Dennis was legally registered as the owner of the shares. The reason for registering the shares in Dennis Tsung’s name was so that, upon his father’s death, he would not have to pay a 40% tax to inherit them, as Chinese law would require. A footnote in the appeal that, in an attempt to avoid paying 40% of the value of the shares in taxes, Dennis left himself open to the possibility of being ordered to pay 50% of their value in spousal support to his ex-wife. The court ruled that because the shares legally belong to Dennis, they are, in fact, marital property.

High Asset Divorce with Alan Burton Law

Alan R. Burton practices family law in Palm Beach County, Florida. Contact Alan Burton to find out how he can help with property division in your high asset divorce.

A change in the financial situation of one or both parties can lead to a modification of the spousal support order. One of the most common reasons for early termination of alimony payments is if the supported spouse remarries. As with so many legal issues, though, there is a gray area in which judges must consider the unique circumstances of the couple in deciding whether to terminate or reduce alimony payments.

Lump Sum vs. Monthly Payments

Most alimony payments in Florida take the form of periodic alimony, meaning that the supporting spouse pays the supported spouse a certain amount of money each month.  Bridge-the-gap alimony is intended to help the supported spouse through the transitional period of divorce and cannot exceed two years. Durational alimony, which is new as of 2010, lasts for a finite period of time specified in the court order. Both temporary and permanent periodic alimony stop immediately if the supported spouse remarries.

Instead of periodic alimony, the supporting spouse might be required to pay the supported spouse a lump sum. The supporting spouse is still responsible for paying this lump sum even if the supported spouse remarries shortly after the divorce is finalized, before receiving the lump sum payment.

Cohabitation Without Remarriage

Florida law makes it clear that when supported spouses remarry, they forfeit their claim to alimony payments from their former spouses. What happens when a supported spouse moves in with a domestic partner, but they do not get legally married? Many supporting spouses make the argument that, if the supported spouse is part of a new household and is receiving financial support from a new partner, he or she is no longer entitled to receive alimony related to a previous marriage. Sometimes judges agree with them.

Florida does not recognize common law marriage. Unless the supported spouse legally remarries, Florida courts do not consider him or remarried. In some instances, supported spouses have continued to receive alimony even after exchanging wedding rings or holding a religious wedding ceremony with a new partner. If the supporting spouse can prove that the supported spouse is deriving substantial financial benefit from living with a new partner, the court may agree to modify or stop alimony payments.

Contact Alan R. Burton About Your Spousal Support Agreement

Alan R. Burton is a marital and family law attorney in Boca Raton, Florida. Contact Alan R. Burton with questions about spousal support, including if you think you are entitled to a modification of your alimony payments.

Before a court will grant your divorce, you and your spouse must settle numerous issues including:

• Property and debt division;
• Child support;
• Time-sharing and visitation;
• Parenting plans;
• Alimony.

If any one of those issues cannot be settled out of court, the divorce can be delayed as the court will have to decide for you. You and your spouse will have to present evidence to support your arguments for how you want to resolve the issue at trial and the judge will rule on the matter.

A recent divorce case demonstrates just how much a divorce case can be affected by adversarial disputes instead of cooperation. After 25 years of marriage, the wife of the founder of Cancer Treatment Centers for America filed for divorce. The filing occurred in 2009 and the case is still dragging on due to several disagreements regarding a prenuptial agreement, custody, and division of their millions of dollars in assets. The case has involved numerous hearings, appellate hearings, changes of lawyers, contempt orders, and other complications, and is now finally going to trial over asset and property division. In the meantime, both spouses have likely spent an enormous amount of money, stress, and time dealing with the divorce proceedings and have been unable to remarry since their marriage is not yet dissolved after more than six years.

Finding Ways to Come to a Resolution

It is unreasonable to expect every divorcing couple to agree on every issue. However, there are numerous ways to facilitate cooperation and agreement even if spouses do not initially agree. Some options for couples to resolve issues in a more efficient and amicable way include the following:

• Mediation;
• Collaborative divorce;
• Negotiation.

It is important to explore one or more of these options before you take your case to court for a more costly and time-consuming resolution. In addition, the above methods allow you to settle matters on your own terms because, when you go to court, the ruling is out of your hands.

Discuss Your Case With an Experienced Boca Raton Divorce Attorney Today

At the law office of divorce lawyer Alan R. Burton, we understand the importance of an efficient resolution in a divorce case so that you can move on with your life as soon as possible. However, we also know that agreement is not possible in every case. For this reason, we will help you explore every possible option to come to an agreement, however, are also prepared to represent you in court if it is necessary for a fair and favorable result for you. If you are considering divorce, please call us as soon as possible at 954-229-1660 for a free consultation.

Being a stay-at-home parent is never easy, as there is a great amount of responsibility involved in constantly caring for small children on a daily basis. In addition, a stay-at-home parent is often tasked with a large percentage of cooking, cleaning, laundry, and other household chores. Such contributions can be extremely valuable for a household, especially if it eliminates the need for costly child care, housekeepers, or other services. In addition, a stay at home parent agrees to put his or her own educational or professional goals on hold for the greater good of the family.

Unfortunately, when it comes time for a divorce, the breadwinner of the family tends to focus on his or her financial contributions and not appreciate the sacrifices the stay-at-home parent has made. Because they have contributed more financially, they often believe they deserve more financially, as well. Luckily, family courts generally take the non-financial contributions of stay-at-home parents into considerations when making determinations regarding alimony and other financial support in a divorce. However, it is always wise for stay at home parents to do the following and more to protect their rights:

• Know your financial situation. Many stay at home parents are less aware of the household finances and it is important to learn about assets, debts, income, expenses, bank accounts, taxes, and more so that you have a clear picture of the household finances and so that you may recognize if your spouse is trying to hide assets.
• Create a plan for your financial future on your own. You will need to estimate how much it will cost you for living expenses, child expenses, debts, and other bills so that you can present an accurate picture of you financial needs to the court.
• Explore your professional opportunities. Following a divorce, the court will expect you to try to support yourself within a reasonable amount of time if it is possible. Consider what type of education, training, or other services you may need in order to successfully reenter the workforce.

Contact a Boca Raton Divorce Attorney as Soon as Possible
There are many issues that can be particularly important in cases involving stay at home parents, especially if they have been out of the workforce for some time. Experienced family law lawyer Alan R. Burton has helped individuals in many situations obtain a favorable result in their divorce case so that they can face the future in the best financial situation possible and able to support themselves. Whether your divorce involves substantial assets or low assets, you should never hesitate to discuss your case with a skilled Boca Raton divorce attorney. Please call our office for free at 954-229-1660 today.

Florida State Senator Kelli Stargel (R-Lakeland) introduced Senate Bill 668, which addresses both alimony reform and child-sharing reform. In addition, House Bill 455 was introduced by Representative Colleen Burton (R-Lakeland), though it only address alimony reform and does not include any changes to child-sharing. Finally, State Senator Tom Lee (R-Brandon) introduced his own bill that solely seeks to change child-sharing and does not involve alimony. With all of these different bills introduced, the debate exists among legislators whether or not the two issues are related and whether they should be addressed together or separate from one another.

Proposed Changes

Alimony reform has been a hot topic in Florida for years, as state lawmakers passed a reform measure in 2013, which Governor Scott vetoed due to its retroactive effect. The new alimony reform bill is not retroactive and aims to do the following and more:

• Establish a set formula for determining ranges for alimony awards;
• Have the highest amount of alimony be awarded for marriages that lasted longer than 20 years;
• Not allow alimony for marriages that were shorter than two years unless special circumstances exist;
• Eliminate the distinction between permanent, rehabilitative, and durational alimony and create one main type of alimony governed by a strict formula.

Lawmakers supporting reform claim that current alimony laws are unfair because the traditional model of marriage has largely changed.

The child-sharing bill also claims to alter unfair assumptions by presuming at the beginning of a case that parents should share time with children 50-50. The court will then examine 22 factors to either agree with or alter the 50-50 split. Factors can include both the preferences of the parents and child, school-related activities, and time needed for constant travel between the two homes.

It is yet to be seen whether the reform measures will be approved together, separately, or not at all. It is clear, however, that divorce law reform will continue to be a hot topic in the Florida legislature.

Find Out How a Boca Raton Divorce Lawyer Can Help You

Divorce laws in Florida are specific and ever-changing. While it is understandable that you are not always familiar with the changing nuances of many laws related to divorce, it is important that you have a Florida divorce attorney who is. Lawyer Alan R. Burton will guide you through every step of your divorce and educate you on how the law applies in your case. If you contact our office in Boca Raton, you will receive reliable and skilled assistance so that you can obtain the best outcome possible for you and your children. Please call today at 954-229-1660 for more information about how we can assist you.

Sharing on Social Media Could Affect Child Custody Determinations

Under Florida Law, the guiding principle that courts must follow when making child custody determinations is the “best interests of the child.” In figuring out what type of custody arrangement is in a child’s best interests, courts may consider any factor that they deem relevant. For this reason, social media posts that indicate that a person is engaging in behavior that the court believes could affect a person’s ability to be an effective parent could potentially be introduced as evidence in cases in which child custody is disputed.

Social Media Posts Could Have an Impact on Alimony Awards

Alimony, often also referred to as “spousal maintenance,” is awarded in cases in which one spouse has a financial need and the other has the ability to pay. It is used to ensure that spouses with less earning potential are not left without any financial resources after a divorce and to ensure that there is some parity in the standard of living enjoyed by each former spouse. Florida courts look to a number of factors when it comes to determining whether to award alimony, including the financial needs of each party. Social media posts that indicate significant spending or financial irresponsibility could have an impact on the way in which a court views the financial needs of a party seeking alimony. Consequently, it is critical for individuals who are seeking alimony to consider how their social media posts may look to others who are not familiar with their financial situation.

Call Alan R. Burton, Attorney at Law Today

If you are considering getting a divorce or have already started the process, you should retain an attorney as soon as possible. In addition to representing you in any legal proceedings that may occur, your lawyer will be able to negotiate with your spouse’s attorney and advise you as to actions you may be able to take to improve your chances of obtaining a favorable outcome with respect to alimony, child custody, or other issues that may be contested. To schedule a consultation with Boca Raton divorce attorney Alan R. Burton, call our office today at (954) 229-1660.