Posted by Nydia Streets of Streets Law in Florida Alimony
What is nominal alimony in a Florida divorce? This type of alimony is usually awarded in a small amount where the party requesting support shows a need for it, but the other party does not have the ability to pay the full amount of need at this time. Nominal alimony is awarded so that the requesting party can petition to modify the amount in the future if the payor’s circumstances change. This was an issue in the case Fabrizio v. Fabrizio, 2D21-278 (Fla. 2d DCA February 25, 2022).
As part of a final judgment of divorce, the court awarded to the former wife nominal, permanent, modifiable alimony of $1 per year. The former wife appealed, arguing this was error where the court did not make findings of need and ability to pay, nor did it examine the factors under Florida Statute Chp. 61.08. The appellate court agreed with the former wife and remanded for the court to make the appropriate findings in the judgment to support the award. In addressing that a different judge may now be presiding over the parties’ case than the one who originally decided the case, the court held “If necessary, the trial court may rehear the evidence to address the issue of alimony. See Reaves v. Reaves, 546 So. 2d 744, 745 (Fla. 2d DCA 1989) (‘A successor judge who does not hear all the evidence may only enter a verdict or judgment upon a retrial or if the parties so stipulate on the basis of the record of the prior proceedings.’).”
Schedule your consultation with a Miami divorce attorney to understand how the law may apply to your case.