Posted by Nydia Streets of Streets Law in Florida Alimony
Does alimony have to be paid to a spouse in a Florida divorce who has money available to him or her through friends or family? Depending on how much money is available and the expectation of the giver as to whether or not the money needs to be repaid, these funds may affect a spouse’s eligibility to receive alimony. This was an issue in the case Stevens v. Travers, 1D20-1018 (Fla. 1st DCA September 15, 2021).
The parties were married for 14 years at the time a petition for divorce was filed. The evidence showed the former husband’s net income at times during the divorce proceedings was a little below $6,000.00 per month. Despite this, the former husband was ordered to pay $7,500 per month in alimony and child support. The former wife was deemed medically unable to work. However during the marriage, she befriended a wealthy older man who gave her unfettered access to his money and who paid her attorney’s fees. The friend passed away while the divorce case was pending and the former wife became the sole beneficiary of $3 million left to her in trust by the friend. She also lived in a luxury home, collected rental income on a property owned by the estate, and drove luxury vehicles by way of her position as trustee and beneficiary of her friend’s estate. With probate still pending, she was also expected to receive more assets. The former husband appealed the alimony award, arguing the trial court ignored the income and assets available to the former wife and ignored his inability to pay the amount of support awarded.
The appellate court agreed with the former husband. It held: “On these facts, we find that the trial court erred in calculating both Former Husband’s ability to pay and Former Wife’s need. The law is well settled that a trial court must determine and balance need and ability to pay.” The court found the evidence did not support the former husband’s ability to pay the amount of alimony ordered. It also held “On the other side of the equation, the trial court abused its discretion in disregarding the assets available to Former Wife in determining her need for the amounts she sought from Former Husband. While her assets apparently stand to increase significantly upon conclusion of probate of her friend’s estate, it remains true based on the record evidence that she had, and exercised (selectively) the right to use her friend’s assets and then the trust assets throughout the pertinent time for all of her needs and wants, including payment of attorneys’ fees. In light of this evidence, the trial court must recalculate Former Wife’s actual need after taking into account all funds available to her from her wealthy friend’s assets both during his lifetime and upon his death, and any other sources of funds.”
Schedule a consultation with a Miami divorce lawyer to understand how the law may apply to the facts of your case.