Florida divorce lawyer Russell Knight (https://divorceattorneynaplesfl.com/my-spouse-is-pretending-he-she-doesnt-make-any-money-to-avoid-paying-alimony-what-can-i-do-in-the-naples-florida-courts-to-stop-this/) of the Law Office of Russell D. Knight has released an article on what happens if one spouse avoids paying alimony in Florida. In the article, Knight explains the legal process for dealing with a spouse who is pretending not to make any money to avoid paying alimony and provides strategies for avoiding an order of nominal permanent alimony.
According to the Florida divorce lawyer, alimony requires that both parties have a need for alimony and the capacity to fund that need. When the requirement of capacity is not immediately available during the divorce proceedings, the courts may award nominal permanent alimony. This type of alimony can be useful because it allows for a modification of the alimony agreement in the future if there is a change in the financial situation of either party.
The Florida divorce lawyer says, “Nominal alimony will often look like this: ‘Wife is awarded nominal permanent alimony of $1 a year from Husband perpetually and permanently.’ The reason you need some kind of alimony to modify alimony is that there is a rule in Florida that you cannot ask for alimony after a divorce if alimony was not initially granted in the final divorce documents.”
Knight advises offering something in exchange to avoid an order of nominal permanent alimony. For example, a larger proportion of the marital estate or lump-sum alimony can be negotiated during the divorce proceedings.
The divorce attorney adds that it is a common scenario in divorce cases, where the parties involved learn that the lower their income is, the higher the alimony they will receive, or the lower the alimony they are required to pay. In many cases, one or both parties may suddenly experience a financial crisis, particularly when they control their salary. Additionally, some parties may take on a new job that pays less but promises more potential. This situation has been observed by many legal professionals over the years.
In divorce cases, the awarding of alimony necessitates that both parties have a genuine need for financial support and the ability to provide for that need. However, if the “capacity” to pay is not immediately available during the finalization of the divorce, the courts may opt to grant nominal permanent alimony.
Knight concludes the article by saying, “Find out how it’s done by contacting my Naples, Florida family law firm and scheduling a free consultation.”
The Law Office of Russell D. Knight is a family law firm based in Naples, Florida, that specializes in divorce, child custody, and alimony cases. The firm’s lawyers have a reputation for providing compassionate and effective representation to clients throughout Florida.
About the Law Office of Russell D. Knight:
The Law Office of Russell D. Knight is a Naples, Florida-based family law firm that provides legal representation in divorce, child custody, and alimony cases. The firm’s lawyers are dedicated to helping clients navigate the complex legal landscape of family law and providing them with the support they need during difficult times. To learn more about the Law Office of Russell D. Knight and schedule a free consultation, visit their website or call us.
Hi! I’m Russell Knight and I was born in Prince Albert, Saskatchewan, Canada. My family moved to the United States in 1991 and we all started our own businesses here in this great country. I attended Bradley University in Peoria,…
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