Posted by Nydia Streets of Streets Law in Florida Alimony
The Florida statutes no longer include provisions for permanent alimony. However, a party may still be required to pay alimony for a significant period of time if the following factors are considered:
1. The extent to which the obligee’s age and employability limit the obligee’s ability for self-support, either in whole or in part.
2. The extent to which the obligee’s available financial resources limit the obligee’s ability for self-support, either in whole or in part.
3. The extent to which the obligee is mentally or physically disabled or has been diagnosed with a mental or physical condition that has rendered, or will render, him or her incapable of self-support, either in whole or in part.
4. The extent to which the obligee is the caregiver to a mentally or physically disabled child, whether or not the child has attained the age of majority, who is common to the parties. Any extension terminates upon the child no longer requiring caregiving by the obligee, or upon death of the child, unless one of the other factors in this paragraph apply.
Fla. Stat. 61.08(8)(b).
Posted by Nydia Streets of Streets Law in Florida Divorce
When calculating income in a Florida divorce case, we look at the Florida Statutes to define what this means. Income is defined by Florida Statute Chp. 61.046(8) as “any form of payment to an individual, regardless of source, including, but not limited to: wages, salary, commissions and bonuses, compensation as an independent contractor, worker’s compensation, disability benefits, annuity and retirement benefits, pensions, dividends, interest, royalties, trusts, and any other payments, made by any person, private entity, federal or state government, or any unit of local government. United States Department of Veterans Affairs disability benefits and reemployment assistance or unemployment compensation, as defined in chapter 443, are excluded from this definition of income except for purposes of establishing an amount of support.”
Posted by Nydia Streets of Streets Law in Florida Alimony
Can a court award relief not requested by either party in their motions or at a hearing? Generally, no. Parties are entitled to due process in Florida family law proceedings which means they are entitled to be put on notice of what issues are being considered at a hearing before a court can rule on them. This way, parties can prepare to defend against allegations. This was an issue in the case Cruz v. Matos, 4D22-700 (Fla. 4th DCA February 8, 2023).
Posted by Nydia Streets of Streets Law in Florida Alimony
How much of a person’s monthly income can a court order be paid as alimony to a former spouse? 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. Chp. 61.08. This was an issue in the case Kirby v. Kirby, 5D21-304 (Fla. 5th DCA May 6, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
What is nominal alimony in a Florida divorce? This type of alimony is usually awarded in a small amount where the party requesting support shows a need for it, but the other party does not have the ability to pay the full amount of need at this time. Nominal alimony is awarded so that the requesting party can petition to modify the amount in the future if the payor’s circumstances change. This was an issue in the case Fabrizio v. Fabrizio, 2D21-278 (Fla. 2d DCA February 25, 2022).
Posted by Nydia Streets of Streets Law in Florida Alimony
A spouse who is disabled may qualify for permanent alimony in Florida even if the marriage is not considered a long-term marriage. A court awarding permanent alimony in a short or moderate term marriage must make a finding that no other type of alimony is appropriate under the circumstances. This would usually apply in a case in which a spouse became permanently, severely disabled and unable to work. This was an issue in the case Gardi v. Gardi, 4D19-194 (Fla. 4th DCA June 9, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
When alimony is ordered to be paid by one spouse to the other in a Florida divorce, the paying spouse cannot be left with significantly less net income than the recipient spouse absent a finding of exceptional circumstances. Alimony can take the form of direct cash payments to a spouse and/or payments made on behalf of a spouse such as health insurance premiums, rent, etc. In the case Rabadan v. Rabadan, 4D19-3219 (Fla. 4th DCA March 31, 2021), the court considered the former husband’s appeal of an alimony judgment forcing him to pay over $8,000.00 per month.
Posted by Nydia Streets of Streets Law in Florida Alimony
In Florida, permanent alimony is presumed appropriate in a marriage of 17 or more years. This presumption is rebuttable based on factors listed in Florida Statute 61.08. Factors a Florida divorce court will consider in awarding alimony is the ages of the parties, the contributions of each spouse to the marriage, and more. In Speigner v. Speigner, 1D20-1712 (Fla. 1st DCA March 24, 2021), the former wife appealed an award of durational alimony which she argued should be permanent instead.
Posted by Nydia Streets of Streets Law in Florida Alimony
Permanent alimony in Florida is usually reserved for long-term marriages of 17 years or more. Permanent alimony may still be awarded in marriages of shorter duration when there is a finding of exceptional circumstances. For example, if a spouse in a shorter marriage becomes disabled and unable to work, this may be a factor that supports granting permanent alimony. This discussion is highlighted in the case Odom v. Odom, 1D20-2154 (Fla. 1st DCA March 18, 2021).
Posted by Nydia Streets of Streets Law in Florida Alimony
What is nominal alimony in Florida and when is it appropriate to award it? This issue arose in the case Shaw v. Shaw, 2D18-331 (Fla. 2d DCA May 31, 2019) in which the former wife, a veterinarian, appealed the trial court’s decision to deny her permanent nominal alimony in her Florida divorce.
Posted by Nydia Streets of Streets Law in Florida Alimony
When parties enter a marital settlement agreement or a final judgment is entered in a Florida divorce, the court will enforce the express terms of the agreement or order. So it is important that terms in the agreement or order are unambiguous and not open to different interpretations. Otherwise, the parties could find themselves embroiled in expensive and lengthy post-judgment litigation.
Posted by Nydia Streets of Streets Law in Florida Alimony
When a party who is ordered to pay alimony retires, he or she may be able to seek a modification or termination of the alimony obligation. This issue was discussed in the case Holder v. Lopez, 1D18-1870 (Fla. 1st DCA June 7, 2019) in which the trial court denied the former husband’s petition to terminate alimony after he retired at age 65.
Posted by Nydia Streets of Streets Law in Florida Alimony
What is enough to overcome a presumption for permanent alimony in a long-term marriage? An analysis of the factors listed in Florida Statute Chp. 61.08 is what the court must consider in determining how much alimony to award and for how long. In the case Gilliand v. Gilliand, 5D17-4100 (Fla. 5th DCA, March 15, 2019), the former wife appealed the trial court’s decision to award her durational alimony rather than permanent alimony based primarily on her age, good health and work history.
Posted by Nydia Streets of Streets Law in Florida Alimony
Imputing income to a party for purposes of calculating support is a process which requires specific proof and findings. In the case Frerking v. Stacy, 5D18-2327 (Fla. 5th DCA March 15, 2019), we review a trial court’s decision to award durational, rather than permanent, alimony in a long-term marriage based in part on speculated employment opportunities for the former wife.
