How Florida Courts Review Contested Alimony Awards

It is not uncommon for Florida trial courts to award alimony to one spouse that is paid for by the other. The courts must make determinations based on the paying spouse’s financial capacity to pay the alimony award, and the courts must find that the receiving spouse has a genuine need for financial support. Although trial courts enjoy broad discretion to make these decisions, they must make specific factual findings. A recent Florida appellate court decision provides a guide for discussing how alimony payments are determined and challenged. In this article, we’ll discuss that case and how it applies to Florida family law.

Background of the case 

In this particular case, the husband and wife ended their marriage after a considerable span of time. During the process of divorce, the wife petitioned the court to award her alimony.  The husband, on the other hand, opposed paying the wife alimony despite her request. The husband’s argument was that the wife had the ability to support herself, and there was no good reason for him to support her financially.

Upon examining all of the financial affidavits and testimony, the trial court determined the award of durational alimony to the wife was right and proper. The trial court found that the wife demonstrated that she had a need, and the husband was able to provide support. The husband, still upset, appealed the decision.

The appeal 

On appeal, the husband contended that the trial court abused its discretion by ordering alimony without enough evidence. His argument was that the trial court misjudged the earning capacity of the wife and exaggerated his ability to pay. The husband further alleged that the trial court did not sufficiently state its basis for arriving at its order regarding the nature and extent of the alimony.

As such, rather than reweighing the evidence that had already been presented, the appeals court looked to see whether the trial court complied with Florida’s alimony law.

Key takeaways from the case 

The appeals court reiterated that trial courts exercise a great deal of discretion in matters related to alimony, especially when they properly evaluate the financial evidence submitted by both parties. Nevertheless, trial courts must base their decisions on evidence and follow Florida’s alimony law. If income is contested, courts can impute income based on job history and potential earning capacity.

In this particular appeal, the appellate court ruled that the trial court had sufficiently articulated its reasoning for awarding the wife alimony. There was nothing that the trial court had done or failed to do that made the decision untenable.

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 discussing your next steps right away.

Source:

caselaw.findlaw.com/court/fl-district-court-of-appeal/117796880.html