Posted by Nydia Streets of Streets Law in Florida Alimony
Can future circumstances affect a current alimony calculation in a Florida divorce? Generally, a court can only consider current circumstances at the time of trial in establishing an alimony payment. When circumstances change, a party may be able to petition for modification once the change occurs. Consideration of future circumstances was an issue in the case Inman v. Inman, 4D21-2265 (Fla. 4th DCA August 17, 2022).
Equitable distribution and alimony were issues in the parties’ divorce case. After a trial, the court awarded the former husband the marital home and ordered him to pay the former wife her share of equity in monthly installments of $900. The court also awarded permanent alimony to the wife in the amount of $100. Although the court found the former wife’s need was $1,000 monthly, it offset this payment with the $900 monthly equitable distribution payment. In determining the former husband’s income, the trial court accepted testimony from him that he planned to have hip surgery and therefore anticipated that his work hours would reduce to 32 hours per week. The former wife appealed.
The appellate court first determined the former husband’s reduced income imputation was erroneous. The court held “While a reduced future workload and the resulting diminished future income may be grounds for a petition to modify alimony and obtain a reduction in the amount to be paid, it cannot support calculations regarding current alimony payments. [internal citation omitted]. Therefore, we reverse on this issue and remand for re-calculation of Former Husband’s income by the trial court.”
Turning to the former wife’s monthly alimony, the court held “Here, the trial court ordered Former Husband to pay Former Wife $100.00 per month in alimony by using the $900.00 per month Former Wife would receive in equitable distribution to meet her $1,000.00 monthly need. This was error. ‘A court should not require a [former] spouse in need of alimony to deplete or invade capital assets to maintain his or her standard of living.’ Van Maerssen v. Gerdts, 295 So. 3d 819, 826 (Fla. 4th DCA 2020) (citing Sherlock v. Sherlock, 199 So. 3d 1039, 1043 (Fla. 4th DCA 2016)).”
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