Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I've been married for 25 years, currently negotiating a

Customer Question
I've been married for...

I've been married for 25 years, currently negotiating a divorce settlement. I have a choice to pay non-modifiable alimony for 15 years or permanent alimony that is modifiable. Not sure which to choose. I'm 53 years old, with stable employment but you never know....

Lawyer's Assistant: What can you tell me about your situation?

Can you be more specific?

Lawyer's Assistant: Family law varies by state. What state are you in?

Florida

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No

Submitted: 1 month ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 7 minutes by:
3/12/2018
Family Lawyer: LegalGems, Lawyer replied 1 month ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,570
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Family Law Question
Customer reply replied 1 month ago
Thanks. If you need any other information that could be helpful, please let me know.
Family Lawyer: LegalGems, Lawyer replied 1 month ago

Thank you for your patience;

Per statute:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html

Alimony is modifiable whether established via a court order or a stipulation, unless the parties specifically waive that statutory right (it is normally modifiable when there is a change in circumstances)

The Elbaum case deals with a waiver of that statutory right; basically the parties limited the right to modify spousal support; then the wife later cohabitated so the husband brought a motion to modify based on that yet the court denied, stating that since the parties are free to waive the statutory modification right, they cannot later seek modification.

http://www.4dca.org/opinions/June%202014/06-18-14/4D13-1423.op.pdf

As such, if one expects there to be a changed circumstance that may result in a downward decrease/termination (ie cohabitation, marriage, increased income of the recipient party etc) then generally one would choose the modifiable option.

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 1 month ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

Ask Your Own Family Law Question
Was this answer helpful?
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,570
12,570 Satisfied Customers
Experience: Experienced Family Law Attorney

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I'm 62 and been paying spousal support for 13 yrs in Calif..
I'm 62 and been paying spousal support for 13 yrs in Calif.. Can it stop … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
814 satisfied customers
If parties can stipulate a modification of spousal support
If parties can stipulate a modification of spousal support retroactively. Both parties sign a stipulation. Will the judge intervene? … read more
Ray
Ray
Lawyer
Doctoral Degree
32,182 satisfied customers
Can my ex wife take me for spousal support? No fault divorce
Can my ex wife take me for spousal support? No fault divorce was final Feb 20th. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am seeking a divorce with spousal support I have been
Hi i am seeking a divorce with spousal support I have been marrief for 35 yrs Have never worked for more than 7 months and have no income at present we sre renting and there's no property that i know … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
326 satisfied customers
I filed on this issue "terminating spousal support" as an
I filed on this issue "terminating spousal support" as an exparte. However a trial date has been scheduled, but nothing has been heard. Can I take it in again as an Ex parte and have thejudge rule on … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,126 satisfied customers
My spouse is asking for spousal support from me. I am the
My spouse is asking for spousal support from me. I am the breadwinner. He has a history of being a dead beat dad. He tried to open a restaurant and drained all my earnings with it, it failed and he op… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Who will pay the alimony? Is the spouse ask for divorce?
Who will pay the alimony? Is the spouse ask for divorce? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,424 satisfied customers
I am currently ordered to pay spousal support. I have filed
I am currently ordered to pay spousal support. I have filed in court to terminate spousal support based on the joint bank account she holds with her new boyfriend. In my court filing I put that her sp… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,126 satisfied customers
I have a question about permanent spousal support in
I have a question about permanent spousal support in California. I was married with my ex about 6 years and I received temporary support for last 12 months. Our divorce hasn't finalized yet and it has… read more
socrateaser
socrateaser
1,031 satisfied customers
How do I file a motion requesting financial spousal support
How do I file a motion requesting financial spousal support to my husband who live in our extravagant home, and is making over 6 figure income without divorce Doc from neither of us have been filed. l… read more
Sean K
Sean K
Attorney/Member
JD
463 satisfied customers
Questions on setting writing up a spousal support (alimony)
Questions on setting writing up a spousal support (alimony) waiver prior to getting married in Florida … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,126 satisfied customers
My wife is suing me for spousal support. I live in CA, I
My wife is suing me for spousal support. I live in CA, I have access to all her phone records including calls and text messages through TMobile. It appears she is having an affair with someone. There … read more
socrateaser
socrateaser
1,031 satisfied customers
Can my spouse qualify for spousal support even though we've
Can my spouse qualify for spousal support even though we've only been married 5 years and I make 43k a month? It will be an at fault marriage… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I currently have to pay my ex 800 a week permanent alimony.
I currently have to pay my ex 800 a week permanent alimony. I was in arrears for 58,000 which she attached my social security and she collect 61,000. During this time I also paid her the 800 weekly fr… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Since we are divorcing how can I get alimony or spousal
since we are divorcing how can I get alimony or spousal support? … read more
Ray
Ray
Lawyer
Doctoral Degree
32,182 satisfied customers
I have a alimony request for termination due to cohabitation
I have a alimony request for termination due to cohabitation If I move into my own apartment before the hearing in 2 months will a judge still terminate… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
Spousal support in Maryland can be modified for a number of
Spousal support in Maryland can be modified for a number of factors including "substantial" increase or decrease in income. What is considered substantial?… read more
Ray
Ray
Lawyer
Doctoral Degree
32,182 satisfied customers
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT.
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x