Florida Court Reexamines Alimony Award After Changes To State Law

One often disputed issue in family law is alimony. The courts are challenged to ensure that there is a balance between the financial needs of the recipient and the payment capacity of the payor in light of Florida’s ever-changing alimony statutes. In this article, the Orlando, FL, divorce lawyers at Greater Orlando Family Law will discuss a real case involving a contested alimony award. 

Background of the case 

In the aforementioned case, the parties were married for over 20 years. In the course of their divorce proceedings, one party requested alimony. The trial court evaluated the economic status of the parties and eventually awarded the recipient alimony. The other party was required to make monthly payments supporting the other spouse.

In this case, the former husband was required to pay his former wife’s living expenses. He appealed the decision, arguing that the court failed to properly consider the evidence on the economic condition of the parties presented during the trial. Moreover, by the time the case made it to the appeal state, the state had already adopted major amendments to its alimony statutes, eliminating the possibility of granting permanent alimony.

Thus, the order for the payment of alimony under the outdated statute became inconsistent with the current legislation prohibiting permanent alimony. The former husband appealed the decision in the hopes of vacating the alimony award. 

The appeal 

On appeal, the court focused on whether the trial court had made adequate findings in relation to Florida’s alimony statute. Under Florida law, the court is required to provide adequate findings about two critical matters: first, the need for alimony on the part of the recipient, and second, the ability of the other spouse to pay the alimony award. It is equally important to conduct a careful analysis of the financial standing of both parties.

The appellate court found several flaws in the ruling of the lower court. First, the granting of permanent alimony was inconsistent with the new statutory framework of the state, according to which permanent alimony was no longer considered a viable alternative in divorce cases.

The third problem concerned the assessment of income and the financial capacity of the spouse who should pay alimony. This is critically important since wrong income assessments can lead to excessive or insufficient awards.

For all of these reasons, the alimony ruling was reversed, and the case was remanded back to the lower court for reconsideration. 

Key takeaways 

For an alimony award to go through, the trial court must reach certain conclusions about the finances of each party. If the award is to hold up on appellate review, the court must determine whether or not the recipient has a genuine need for financial support and whether the payer can afford to make monthly payments. In this case, the court neglected to do so, so the verdict was overturned on appeal. 

Talk to an Orlando, FL, Divorce Attorney Today 

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