Posted by Nydia Streets of Streets Law in Florida Alimony

Florida alimony laws changed as of July 1, 2023. Most notably, permanent alimony is abolished and there are more defined guidelines as to how much alimony to award and for how long it is paid. Despite these changes, a requirement that remains is that the court makes findings concerning the alimony award. This was an issue in the case Weaver v. Weaver, 4D21-1996 (Fla. 4th DCA August 9, 2023).

This appellate opinion does not give a background of the factors in this case, but it holds “The trial court erroneously failed to include findings of fact in the order on appeal as required by section 61.08, Florida Statutes (2020), and we reverse and remand for the trial court to make these findings.” Section 61.08 of the Florida Statutes concerns alimony and requires that the court make findings as to the net incomes of the parties, the length of the marriage, the need of the spouse asking for alimony and the ability of the other spouse to pay, among other factors.

The court may take into consideration adultery as well when considering alimony, and “any resulting economic impact” of the adultery. The factors the court must consider in determining alimony are:

(a) The duration of the marriage.

(b) The standard of living established during the marriage and the anticipated needs and necessities of life for each party after the entry of the final judgment.

(c) The age, physical, mental, and emotional condition of each party, including whether either party is physically or mentally disabled and the resulting impact on either the obligee’s ability to provide for his or her own needs or the obligor’s ability to pay alimony and whether such conditions are expected to be temporary or permanent.

(d) The resources and income of each party, including the income generated from both nonmarital and marital assets.

(e) The earning capacities, educational levels, vocational skills, and employability of the parties, including the ability of either party to obtain the necessary skills or education to become self-supporting or to contribute to his or her self-support prior to the termination of the support, maintenance, or alimony award.

(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

(g) The responsibilities each party will have with regard to any minor children whom the parties have in common, with special consideration given to the need to care for a child with a mental or physical disability.

(h) Any other factor necessary for equity and justice between the parties, which shall be specifically identified in the written findings of fact. This may include a finding of a supportive relationship as provided for in s. 61.14(1)(b) or a reasonable retirement as provided for in s. 61.14(1)(c)1.

Fla. Stat. 61.08(3).

Schedule your meeting with a Miami family law attorney to understand your rights and remedies.