Posted by Nydia Streets of Streets Law in Florida Alimony

When permanent alimony is awarded in a Florida divorce, it will usually be upheld if the court examined all required factors in arriving at the determination that such spousal support was warranted. In the case Schroll v. Schroll, 1D18-4716 (Fla. 1st DCA November 13, 2019), the former husband appealed the trial court’s award of $5,000 per month permanent alimony to the former wife.

The parties were married for 32 years. The trial court found the former husband took the lead on finances in the marriage and that the former wife had a relatively passive role. The former husband appealed, taking issue with the trial court’s failure to consider income available to the former wife which she testified she was receiving as a result of her investment accounts awarded to her in equitable distribution.

The appellate court agreed with the former husband, commenting, “The former wife was uncertain whether this income was from interest or dividends, but there was no indication that the principal of her investments was being depleted to provide these payments. Although the former wife is not as financially experienced as the former husband and she has entrusted the management of her equitably distributed accounts to a financial management company, her testimony constituted competent substantial evidence that her income is no longer zero.” The case was therefore remanded for the court to reconsider the former wife’s true alimony need.

If alimony is an issue in your case, contact a Miami divorce attorney to understand how to proceed. A consultation may help you understand the complexity of your case and set you on a path to resolving your case in the best way possible.