Posted by Nydia Streets of Streets Law in Florida Alimony

Before a court can award Florida alimony, equitable distribution must be decided. This is because a spouse asking for alimony might not need it if he or she is awarded sufficient money and assets in the divorce. A non-primary residence house awarded to a spouse, for example, might be a source of rental income for that spouse that would satisfy an alimony need. When the assets are not enough to satisfy an alimony need, the court might award a monthly payment. This was at issue in the case Harkness v. Harkness, 4D19-1434 (Fla. 4th DCA July 29, 2020).

The parties were married for 19 years before a petition for divorce was filed. Thus, the marriage was considered long-term by Florida law. The former wife was a stay-at-home mom for the majority of the marriage, but while the divorce proceedings were pending, she obtained full-time employment earning $55,000.00 per year. The trial court concluded there was no basis for permanent alimony because there was no permanent impediment to the former wife financially sustaining herself. The court ruled the former wife did not have a need for alimony and therefore the former husband’s ability to pay was irrelevant. Nonetheless, the court awarded $1,500 per month in durational alimony to the former wife for five years. The former wife appealed, arguing the trial court committed error by not considering her need for alimony nor the former husband’s ability to pay.

The appellate court noted the Florida Statutes as it relates to the rebuttable presumption that permanent alimony is appropriate in a long-term marriage. The court ultimately held “First, the trial court erred by failing to address the former husband’s ability to pay alimony, as such a finding is mandatory under section 61.08(2). Second, although the trial court found that the former wife does not need alimony, it does not appear that the trial court addressed the former wife’s need in terms of her expenses or her necessities “as they were established during the marriage of the parties.” Finally, it is not clear that the trial court applied the rebuttable presumption in favor of permanent alimony. Accordingly, we reverse and remand for additional findings consistent with this opinion. We note, however, that the additional findings may still dictate an award other than permanent alimony.”

Knowing how the court should analyze an alimony claim is important in protecting your rights and remedies in a Florida divorce case. Schedule a consultation with a Miami divorce lawyer to go over the merits of your case.