Posted by Nydia Streets of Streets Law in Florida Divorce
In Florida, an alimony award is based on need and ability to pay - the need of the spouse asking for alimony and the ability of the other spouse to pay it. There is no calculator for alimony like there is for child support in Florida. According to the Florida Statutes, “The award of alimony may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances.” Fla. Stat. 61.08(9). This was an issue in the case Tucker v. Tucker, 4D22-1891 (Fla. 4th DCA April 19, 2023).
In this divorce case, the final judgment was entered more than three months after the trial was held. The former husband appealed because the order contained inconsistencies and had errors on its face. For example, the court ordered permanent alimony in a monthly amount which was more than half of the former husband’s net monthly income. The court did not make findings of exceptional circumstances. The equitable distribution portion of the judgment stated the parties would share the proceed of the sale of the home, but the chart included with the final judgment credited all proceeds of the sale to the former wife. The trial court was ordered to clarify or correct these provisions.
Schedule your meeting with a Miami family law attorney about your case for specific advice.