De Novo Review Blog

Time Sharing

By: Erin,  Senior Attorney, De Novo Review Are there consequences when mothers fail to encourage time sharing between father and child when time sharing has been ordered? Absolutely. In Ginnell v. Pacetti, 31 So. 3d 217, 218-19 (Fla. 4th DCA 2010), the appellate court affirmed the trial court’s decision to modify time sharing in favor […]

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Standard of Living and Relationship to Alimony Award

Category: Family Law Appeals Blog Subject: Standard of Living and Relationship to Alimony Award By: Erin, Senior Attorney, De Novo Review Is the marital standard of living still a driving force in determining whether to award alimony? It appears not. Recent Florida case law indicates the standard of living factor, recited in Section 61.08(2)(a), Florida […]

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Effect of Future Inheritance on Alimony Award

Category: Family Law Appeals Blog Subject: Effect of Future Inheritance on Alimony Award By: Erin, Senior Attorney, De Novo Review May a future or potential inheritance be considered as a basis to petition for a modification of alimony? Yes. In Wiesenfeld v. Wiesenfeld, 95 So. 3d 959, 960-61 (Fla. 1st DCA 2012), the court considered […]

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Gray Area Marriage

By: Erin, Senior Attorney, De Novo Review What is durational alimony and how does it apply to gray-term marriage? Pursuant to Section 610.08(7), Florida Statutes (2015), “Durational alimony may be awarded when permanent periodic alimony is inappropriate.” Section 61.08(4), Florida Statutes (2015), provides a rebuttable presumption that marriages lasting longer than 7 years but less […]

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E-mail Modifications of Settlement Agreements

Erin K. Loeb, Senior Attorney, De Novo Review Can parties to a settlement agreement modify their settlement agreement via e-mail and without resort to court order? Yes, parties can modify their settlement agreement via e-mail so long as the agreement itself contains no contrary provision. Settlement agreements are construed as contracts, so that their provisions […]

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