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Florida Alimony Appeals and Inheritances

Uncategorized Feb 27, 2020
post about Florida Alimony Appeals and Inheritances

What do West Palm Beach divorces or alimony disputes have to do with Florida inheritance matters? Why are Florida divorce cases relevant to probate cases? What do Palm Beach probate litigators need to know about prenups and alimony? How important is it to hire an experienced appellate attorney for an alimony appeal? How can an appellate attorney help me to appeal a court order denying an alimony modification?

Florida Prenuptial Agreements

Florida probate lawyers and appellate attorneys know that a prenuptial agreement (prenup) can protect your inheritance from your spouse in the case of death or divorce. In a prenup, a person can specify how to divide up property and inheritances at the end of a marriage.

It is important to know that inherited assets can be considered in the award of alimony. However, by fixing the term and amount of alimony in a prenup, entangling an inheritance with a divorce can be avoided.

In the case of death, inherited assets are treated just as any other asset. Therefore, in the absence of a prenup, inherited assets are subject to spousal claims just like any other asset.

If you don’t have a prenup, you may find yourself needing to hire a Florida family law attorney to represent you in an alimony battle, a West Palm Beach probate attorney to fight for your inheritance, and even an appellate attorney if a decision needs to be appealed.

Nangle v. Nangle

If you are involved in alimony litigation or questioning whether or not you should execute a prenup prior to marriage, you may want to read Nangle v. Nangle, a December 18, 2019 Fourth DCA opinion. Although Nangle v. Nangle is not a Florida family law or probate case regarding inheritance, it is a good example of Florida alimony litigation that may have been avoided if a prenup had been executed prior to the marriage.

Here, the former husband appeals the trial court’s order denying his motion to modify alimony. When the parties got divorced in 2008, permanent alimony was awarded to the former wife. However, in 2017, the former husband filed for modification/ termination of alimony.

The former husband argued that there had been a substantial and contemplated change in circumstances since the entry of the alimony order. When the former husband had retired, he entered into a redemption agreement in which the company he had worked for agreed to pay him for his stock. The monthly redemption payments had come to an end and, without them, former husband said he could not afford the alimony payments.

The appellate court reversed and remanded the case to the trial court for further proceedings consistent with the appellate opinion. The appellate court explained that the trial court’s order failed to address either the former husband’s ability to pay or changes to the former wife’s financial status.

At Pankauski Hauser Lazarus, our attorneys handle civil family law appeals just like this one. To interview an appellate lawyer, free of charge, call (561) 514-0900 ext.101.