Posted by Nydia Streets of Streets Law in Florida Divorce

When a court orders temporary alimony in Florida, such alimony can be ordered retroactively. If the court finds a party is voluntarily unemployed or underemployed, it can also order that income be imputed to a spouse. In Cura v. Cura, 3D18-1126 (Fla. 3d DCA January 2, 2020), the husband appealed an order on these two issues.

The parties were married for 17 years before a petition for divorce was filed. The wife alleged the parties lived a lavish lifestyle during their marriage. She further alleged that the husband was unemployed and liquidating marital assets in an effort to avoid paying her support and to divest her of her interest in marital property. After a hearing on temporary support, the court awarded $2,000 per month in alimony plus about $150 per month in child support to the wife. The court found the husband’s testimony to lack credibility, and the trial court record showed the husband could not explain where the money went after he liquidated assets. The court imputed what was reported as modest income to the husband. The husband appealed, arguing the court abused its discretion in imputing income and in awarding retroactive support.

The appellate court affirmed the imputation of income, holding “Here, the trial court astutely reconciled the contested facts adduced, and, after determining testimonial reliability, dismissed the husband's justification for failing to obtain suitable employment as patently unreasonable. The court rendered the conclusion that the husband was voluntarily unemployed and continued to fund his own pursuits. Giving due consideration to the husband's current prospects, ‘recent work history, occupational qualifications, and prevailing earnings level in the community,’ along with all relevant economic factors, the court conservatively imputed a modest income. § 61.30(2)(b), Fla. Stat. Because the findings below are supported by ‘competent, substantial evidence,’ and the child support award correlates with the child support guidelines, we discern no error in either the imputation of income or the award of child support.”

However, as to the retroactive award, the appellate court reversed, holding that because the trial court failed to make findings regarding the historical need of the wife during the retroactive period, the award was improper. Since need and ability to pay are paramount considerations in awarding alimony, this analysis needed to be applied to the retroactive award as well. If you are facing a case with similar factors, contact a Miami divorce lawyer to schedule a consultation.