Posted by Nydia Streets of Streets Law in Florida Alimony

According to Florida Statute Chp. 61.08, “The court may award a combination of forms of alimony or forms of payment, including lump sum payments, to provide greater economic assistance in order to allow the obligee to achieve self-support.” A lump sum alimony payment may be desirable for both the payor and payee where it gets rid of the need for ongoing accounting of monthly payments. Lump sum alimony was an issue in the case Gutierrez v. Gutierrez, 3D23-1434 (Fla. 3d DCA August 28, 2024).

The former husband in this divorce case was ordered to pay lump sum alimony to the former wife. To enforce this payment, the trial court ordered that a corporate entity (not joined as a party to the case) sell real property and use the proceeds to pay the lump sum to the former wife. The former husband appealed.

The appellate court reversed, holding “While, on appeal, Husband challenges all of the trial court’s factual findings recited above, we need not, and do not, address those findings because, as a jurisdictional matter, the trial court was without power or authority to order the LLC to sell the Islamorada house. Ehman v. Ehman, 156 So. 3d 7, 8 (Fla. 3d DCA 2014). Because the sale of the Islamorada house was an essential component of both the trial court’s equitable distribution and alimony awards, we are compelled to reverse those findings as well.”

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