Posted by Nydia Streets of Streets Law in Florida Alimony

If a party has not worked for many years, what level of income should be imputed to that party for purposes of calculating Florida alimony? Many factors go into determining if and how much income should be imputed, including the educational and occupational history of the party to whom income is being imputed. This was an issue in the case Poveromo v. Poveromo, 5D19-3466 (Fla. 5th DCA January 21, 2022).

The former wife in this divorce case last worked as a teacher 19 years prior to the date the final judgment was entered. The trial court reasoned that it could not impute a current teacher’s salary of $40,000 annually because the former wife had never earned this amount. It therefore ruled that it would use her last reported salary amount of $28,000 annually. The former husband appealed, arguing the trial court misapplied the law related to imputation of income.

The appellate court agreed with the former husband. It held “Brennan does not hold that, under these circumstances, the trial court is without authority to impute income at the current starting salary for a teacher. In fact, Brennan actually approved an order imputing income higher than the former wife in that case had ever earned. See Brennan, 184 So. 3d at 590 (‘While the court imputed an amount of income that is higher than the former wife has ever historically earned, under these circumstances we decline to disturb the trial court’s decision to impute an entry-level wage to the former wife in a field in which she is qualified and can obtain immediate employment.’). However, given the evidence at trial and the unique factual findings made in the final judgment, we are unable to determine what amount the trial court would have imputed had it not misconstrued the holding in Brennan. Accordingly, we reverse and remand for further consideration on the issue of Former Wife’s imputed income.”

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