Posted by Nydia Streets of Streets Law in Florida Alimony

When alimony is awarded in Florida, a court must consider several factors to determine the amount and length of the award. The court may also order that the party who pays alimony must secure a life insurance policy to protect the award. In the case Cooper v. Cooper, 2D18-3616 (Fla. 2d DCA August 2, 2019), the former husband appealed an order that obligated him to pay alimony and to obtain life insurance.

After finding the former husband earned at least $160,000 annually, the trial court ordered the former husband to pay $6,000 per month in alimony and to obtain life insurance. The former husband appealed, contending the amount was excessive and that the court did not make appropriate findings to support the life insurance requirement. The trial court apparently relied on evidence that the former husband earned in excess of $160,000 annually with his salary and bonuses.

The appellate court agreed with the former husband, holding that because the trial court made no findings regarding the former husband’s net income, the alimony award was an abuse of discretion. An award of alimony in Florida must be based on the net incomes of the parties, rather than the gross incomes. As to the life insurance requirement, the appellate court found this to be in error since the court did not make required findings as the cost, necessity and availability of the insurance, nor did the trial court find there were any special circumstances that justified an award.

If you are wondering how much alimony you may receive or be ordered to pay in your Florida family law case, contact a Miami family law attorney to go over your concerns.