Articles Posted in Retroactive alimony

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There has been much discussion in Florida regarding alimony reform, but it has not arrived just yet.

In order to understand the future of alimony, you have to be familiar with the current laws in Florida regarding alimony. Alimony is governed by Florida Statute 61.08. The initial step for a judge in deciding whether to award alimony or not is to first determine the need of one party versus the ability of the other party to meet that need.

1377964_tightened_100_dollar_roll_.jpgOnce that bridge has been crossed, the court will then decide on what type of alimony is appropriate under the specific facts of the case.

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pile of money desktop.jpgThe entitlement to an award of retroactive alimony is a right, and not a privilege, if the circumstances support the award. See alimony update for additional information on this subject.

The case of Gremel v. Gremel, 35 Fla. L. weekly D2291a (Fla. 2nd DCA 2010) illustrates the point. Mrs. Gremel separated from her husband in December 2003. She did not file her divorce petition until March 15, 2007, more than three years after her initial separation. On April 1, 2008, the trial court entered a temporary order requiring Mr. Gremel to pay his wife $2950 per month, as of April 1, 2008.

The appellate court stated that Mrs. Gremel may very well be entitled to retroactive alimony from March 15, 2007, the date of the filing of her petition for dissolution of marriage. See Valentine v. Van Sickle, 35 Fla. L. Weekly D1663 (Fla. 2d DCA Jul. 28, 2010).