Florida Court Addresses Factors When Making Alimony Awards

Alimony recently went through a legislative overhaul. The legislature did away with permanent alimony and changed some of the factors used when calculating alimony. The courts, however, still weigh similar factors when determining whether alimony should be awarded. In this article, the Orlando divorce lawyers at Greater Orlando Family Law will discuss a Florida family law case in which the court addressed several factors when calculating alimony.

Background of the case 

In the case of Giegold v. Giegold 6th District Court of Appeal of Florida, No. 6D2023-2666 (September 20, 2024), the trial court awarded permanent and retroactive alimony to the former wife. The husband appealed the award, raising several challenges.

Firstly, he argued that the court failed to make specific findings regarding the net incomes of both parties. Second, he contended that the award was improperly based on gross income rather than net income. Lastly, he asserted that retroactive alimony was granted without factual findings regarding the wife’s need for alimony and the husband’s ability to pay for the retroactive period.

Under Florida Statutes § 61.08, courts follow a comprehensive, two-part framework for alimony determinations.

• First, the court must establish that the requesting spouse has a financial need and that the paying spouse has the ability to pay.
• Second, when the need and ability are demonstrated, the court must assess the relevant statutory factors, such as the duration of the marriage, the couple’s standard of living, both spouses’ contributions to the marriage, and the health and earning capacity of the spouse.

The appeal 

In this case, the appellate court’s review centered on whether the trial court’s final judgment properly applied the statutory framework and documented its factual findings to support both permanent alimony and retroactive alimony awards.

The Sixth District Court of Appeal held that the judgment lacked the requisite specificity of factual findings. Specifically, the court held that:

• No detailed findings on net income figures were made. Instead, the trial court relied on gross income.
• There were no findings concerning the wife’s financial need or the husband’s ability to pay for retroactive alimony.

Such omissions undermined the appellate court’s ability to verify whether the statutory standards were met. Thus, the Sixth District Court of Appeal reversed the award of permanent and retroactive alimony. The case was remanded to the trial court with instructions to conduct further proceedings and issue a revised judgment. The trial court was tasked with:

• Calculating net (not gross) income for both parties
• Making specific findings regarding the wife’s need and the husband’s ability to pay
• And address the relevant statutory factors under § 61.08(2) in awarding alimony

Talk to an Orlando, FL, Divorce Lawyer Today 

Greater Orlando Family Law represents the interests of Orlando residents during their divorce. Call our Orlando family lawyers today to schedule an appointment, and we can begin addressing your goals and concerns right away.

Source:

caselaw.findlaw.com/court/dis-crt-app-flo-six-dis/116579604.html