Wauchula, FL Divorce Law Firms & Lawyers

There are many factors that a court must consider with regard to the issue of alimony.  Primarily, there must first be a need, as measured by the marital standard of living.  There must also be an ability to pay, without seriously jeopardizing the payor's financial welfare.  Additionally, the court must consider the length of the marriage, the age and physical/emotional well-being of the parties, the financial resources available to the parties and their respective earning abilities, and each party's contributions to the marriage as well as the responsibilities each party may have to the children of the marriage after the divorce.  The court may consider any other factor necessary to do equity and justice between the parties.  Upon considering all these factors, the court will determine whether alimony should be awarded, the type of alimony, and the amount and duration of alimony.  The fact that the marital home is being sold and the parties will each receive 50% of the proceeds is a factor that the court will consider.  The court will also consider the fact that these proceeds will likely be necessary to establish a post-marital residence, and thus would not be available to live on.  Even if the proceeds were available to live on, the court must consider all the other factors noted above as well.  In summary, the court will consider the post-marital financial circumstances of both parties, the relative need and ability to pay of the parties, and any other equitable factor.  The mere fact that you and your husband will be splitting the proceeds from the sale of the house is but a single factor among all the other equitable considerations, and will not disqualify you from obtaining an alimony award. 

Property owned at the time of filing is generally split 50/50 upon divorce.  That would include the amount in any marital bank accounts, regardless of whether the account is in joint or individual names.  Ongoing maintenance, upkeep, and bills related to the property do not necessarily follow the same rule.  In cases where there is a disparity in the financial resources of the parties, the court may (upon request) grant temporary support from one party to the other to assist with the financial needs of the other party.  This would not necessarily be recouped by the financially superior party upon the sale of the house.  Also, it is not correct that no one can be living in the house while it is up for sale or being shown.

  If  you entered into an agreement when you settled your divorce that permitted your former spouse to rotate the dependency deduction, then for the purposes of the divorce court, you are bound by that agreement.   IRS law is different, and you can consult with a CPA about that.  However, if you claim the dependency when your ex is supposed to do so, then your ex can take you back to court and seek damages.   You could try to modify this by taking your ex back to court, but it is unlikely you could show a substantial change in circumstances (unless your ex was supposed to have the children more time and s/he is not keeiping up his/her end of the bargain.) Sorry I couldn't give you more hope, but yu gave that up when you settled your case. Good luck, Cindy Vova Law Office of Cindy S. Vova, P.A. 8551 West Sunrise Blvd., Suite 301 Plantation, FL 33322 info@vovalaw.com 954-316-3496