Temporary relief is a common issue. Frequently we have clients that need immediate resolutions prior to a final order in their case, such as child support. Temporary motions are frequently filed with the Court to provide parties with some relief while their case is still pending.
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This list is continued from the last post, Florida Divorce Top 10 Vocabulary Words Part 1
Many people seek to eliminate alimony in prenuptial agreements and many pre-nuptial agreement do state that no alimony will be owed and or that bother parties waive any right to alimony. That said, the law is still evolving in this area and there is case law indicating that a provision limiting alimony is subject to judicial review. This means that a Judge may award alimony despite any agreement stating otherwise. The cases which have discussed this are Posner v. Posner, 233 So.2d 381, 385-86 (Fla.1970) ("Posner I ") (an antenuptial agreement settling alimony rights is subject to increase or decrease under changed conditions as provided in section 61.14, Florida Statutes, as the parties are assumed to have known of the existence of the statute when they made their agreement); Posner v. Posner, 257 So.2d 530, 534 (Fla.1972) ("Posner II ") ("a change in circumstances of the party since the date of the agreement can be considered by the [Court] in modification of support and alimony provided for in an [pre-nuptial] agreement").
Prenuptial agreements are agreements that two people enter into prior to marriage which attempts, usually successfully, to alter the distribution of property, award of alimony or award of attorney's fees in the event of a divorce. People enter into pre-nuptial agreements for many reasons, but the most common reasons are in order to ensure that pre-marital assets or business remain non-marital, or to ensure that property purchased during the marriage remains the property of just one spouse.