Posted by Nydia Streets of Streets Law in Florida Alimony
What expenses are taken into account when the Court determines how much Florida alimony a party can afford? When ordering spousal support to be paid, a court must review the need of the spouse asking for alimony and the ability of the other spouse to pay it. This requires review of each party’s living expenses. Certain living expenses are excludable when reviewing a party’s need or ability to pay. This was an issue in the case Smith v. Smith, 5D20-659 (Fla. 5th DCA May 28, 2021).
The parties had a four-day trial regarding the dissolution of their 16-year marriage. While the trial court found that the former wife had a need for alimony, it determined the former husband did not have the ability to pay since his income exceeded his expenses. Therefore, the former wife’s request for alimony was denied. She appealed.
The appellate court reviewed the former husband’s financial affidavit and determined it showed he voluntarily paid expenses for his adult children. The court held “The expenses that a former spouse incurs for an adult child are not properly included or considered for purposes of determining if an award of alimony is appropriate.” The court found that when the adult children’s expenses were not considered, the former husband showed an ability to pay alimony. The final judgment was therefore reversed in this regard.
How much alimony a party will pay or receive is analyzed on a case-by-case basis. Schedule a consultation with a Miami divorce attorney to understand what to expect in your case.