Posted by Nydia Streets of Streets Law in Florida Alimony

Permanent alimony no longer exists in Florida, but the primary consideration of need and ability to pay remain the same. The spouse who is asking for alimony to be paid must show a need for it, and there must be a finding that the other spouse has the ability to pay alimony. This was an issue in the case Crouse v. Crouse, 4D22-2070 (Fla. 4th DCA July 26, 2023).

The former husband in this case was ordered to pay $1,200 per month in durational alimony in addition to child support. The court made findings concerning the parties’ gross incomes, but not their net incomes. The former husband alleged the alimony award left him with substantially less net income than the former wife. The former husband appealed.

The appellate court noted “First, we agree that under section 61.08(2), Florida Statutes, in determining whether to award alimony, a trial court must make a specific factual determination about one party’s need for alimony, and the other party’s ability to pay alimony—and this determination must be based on the parties’ net incomes.” The court also agreed that the alimony award cannot leave the payor with less net income than the payee, but since the trial court did not make findings regarding the parties’ net incomes, the appellate court could not determine if this was the case. So the the matter was remanded for the trial court to make the appropriate findings and enter judgment in accordance with that.

Schedule your consultation with a Miami family law attorney to determine the next best steps in your case.