Articles Posted in Alimony
March 31, 2025
by SmartSites
A durational alimony case was recently decided by the Florida Court of Appeal in a case captioned Rhoden v. Rhoden. In this case the husband filed a Petition for Dissolution of a thirty-five year marriage. The husband denied that wife required alimony, and denied that he was able to pay it. The Court stated that the wife had several illnesses, and probably would not have been employable if she had not worked for her husband. The Florida Statutes enable trial courts to award several different types of alimony. In awarding alimony, a court must first find that one party has a need for support and that the other party has the ability to pay. Once the court makes this initial determination, the Court is required to consider other factors set forth in the Florida Statutes. In this case, the trial court awarded the wife durational alimony.
The Florida Court of Appeal found that the parties’ marriage was a long term marriage. A long-term marriage is a marriage having a duration of 17 years or more. When there is a long-term marriage, there is a rebuttable presumption that permanent alimony is appropriate. In this case, the trial court awarded the wife durational alimony, instead of awarding her permanent alimony. Durational alimony supplies the recipient with support for a set period of time when there is not an ongoing need for support on a long-term basis. Durational alimony can be awarded when permanent alimony is not appropriate. In this case, the Florida Court of Appeal reversed the trial court’s ruling because the trial court did not make a finding that permanent periodic alimony was inappropriate, and because the former wife did had an ongoing need for support.
To speak with an alimony attorney in Wellington, Florida, contact the Lane Law Firm, P.A. at (561) 363-3400.
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March 31, 2025
by SmartSites
An alimony case involving imputation of income was recently decided by the Florida Court of Appeal in a case captioned Jorgensen v. Tagarelli. In this case the wife appealed a final judgment in which the lower court incorrectly imputed income. In the case at bar, the wife earned $118,000, in 2016. The parties separated, and the wife voluntarily left her job and began working as a self-employed insurance broker, where she earned approximately $38,000. The husband asked the trial court to impute income to the wife based upon his contention that the wife intentionally caused the reduction her income.
The Florida Court of Appeal began by pointing out that parties asserting that their spouses are voluntarily underemployed or unemployed bear the burden of proof. The appellate court then stated that trial courts are required to impute income if they find that spouses are voluntarily underemployed or unemployed. In imputing income, courts are to determine the parties’ probable earnings and employment potential based upon their occupational qualifications, recent work history, and the prevailing earnings level for similarly qualified employees in the community.
Regarding alimony, the Florida Court of Appeal found that there was substantial, competent evidence that the wife was voluntarily underemployed. However, the lower court erred in imputing income solely based on the wife’s past earnings. The Court of Appeal stated that the trial court should have imputed income based upon the wife’s current employability and the availability of jobs in her field. Trial courts should impute income based upon the salaries that are currently being paid for available jobs in the relevant geographical area for which employees are qualified. Therefore, the trial court’s final judgment was reversed, and the case was remanded to the lower court for rehearing in order to calculate the proper amount of alimony.
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March 31, 2025
by SmartSites
A durational alimony case was recently decided by the Florida Court of Appeal in a case captioned Johnson v. Johnson. In this case, the husband and wife were married in 2006. They have two children. The husband worked in retail, and the wife was an auditor. The wife’s income substantially exceeded the Husband’s. In 2011, the husband stopped working in order to raise the children. In 2017, the husband returned to work. In the divorce proceeding, the Husband sought alimony from the wife. The lower court awarded durational alimony to the husband for a period of sixty months.
The wife appealed the trial court’s ruling. The Florida Court of Appeal reversed the trial court’s decision. The appellate court pointed out that the purpose of durational alimony is to provide funds for a set period of time. In awarding alimony, a trial judge is required to first make a determination as to the recipient’s need and the payor’s ability to pay. Once the court determines need and ability to pay, the trial court is to consider the following factors: (i) the parties’ standard of living during the course of the marriage; (ii) the length of the marriage; (iii) the parties’ ages and physical and emotional condition; (iv) each party’s financial resources; (v) the parties’ earning capacities; (vi) the parties’ contribution to the marriage; (vii) the responsibilities for parenting that each party will have after the divorce; (viii) the tax consequences of the award; (ix) income available to each of the parties from all sources; and (x) any other factor that the court deems just.
In awarding alimony, a trial court should follow a four-step procedure in which it decides: (a) a recipient’s need for support; (b) a payor’s ability to pay; (c) the appropriate type of alimony; and (d) the amount to be awarded. In the case at bar, the Florida Court of Appeal held that the trial court’s ruling was not grounded in competent, substantial evidence. Accordingly, the appellate court reversed the decision of the trial court.
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March 31, 2025
by SmartSites
An alimony case was recently decided by the Florida Court of Appeal in a case captioned Baron v. Baron. In Barron v. Barron, the Wife appealed a Final Judgment of Dissolution of Marriage that denied her request for permanent periodic alimony. The parties were married for twenty years. Rather than awarding the former wife permanent support, the trial court awarded her durational alimony for twelve months.
In reaching its decision, the Florida Court of Appeal pointed out that a long-term marriage is a marriage that lasts 17 or more years. Where there is a long-term marriage, there is a rebuttable presumption in favor of awarding permanent support. The purpose of durational alimony is to provide a payee with support for a specific period of time, when there is a long term marriage and there is no need for ongoing support on a permanent basis.
In the alimony case at bar, the Final Judgment of Dissolution of Marriage failed to provide an explanation as to why permanent support was inappropriate. The Florida Court of Appeal ruled that it is an abuse of the trial court’s discretion not to award permanent alimony for this long-term marriage, absent a finding that the presumption favoring permanent periodic alimony was overcome by substantial competent evidence.
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March 31, 2025
by SmartSites
In a recently decided alimony case captioned Harkness v. Harkness, the wife appealed the final judgment dissolving her marriage and awarding her durational alimony. The husband and wife were married for more than nineteen years. During the marriage, the husband worked full time, and the wife was a stay at home mother raising the parties’ children. After the wife petitioned for dissolution of marriage, she found a job earning substantially less than her husband. In the Final Judgment dissolving the marriage, the trial court ruled that there was no basis for awarding permanent alimony to the wife because she has the capacity to financially sustain herself. Therefore, the trial court awarded her durational alimony for five years. The Florida Court of Appeal reversed this decision.
In reaching its determination, the Florida Court of Appeal stated that in deciding whether or not to award alimony, the trial court is required to first make a determination as to whether one of the parties has a need for alimony, and the other party has the ability to pay. After making this determination, the trial court is to decide which type of alimony is most appropriate. There is a rebuttable presumption that a marriage of seventeen (17) years or longer is a long-term marriage. There is also a rebuttable presumption that a trial court should award permanent alimony for a long-term marriage.
The purpose of permanent alimony is to provide for the necessities and needs of the recipient as they were established during the course of the marriage. It is not intended to divide the parties’ future income in order to create financial equality. Permanent alimony is inappropriate when there is not a permanent inability on the part of the recipient to become self-sustaining. Alimony is intended to avoid, when possible, having a former spouse pass from always having more than enough, to having only enough to pay for the essentials of shelter, clothing, and food.
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March 31, 2025
by SmartSites
In an alimony case captioned Waldera v. Waldera, the trial court was presented with evidence concerning the Husband’s income during the previous ten years. However, the trial court only considered the Husband’s income during the one year period that preceded the entry of the Final Judgment. The Florida Court of Appeal ruled that this was error.
Calculating alimony was recently discussed by the Florida Court of Appeal in a case captioned Waldera v. Waldera. In Waldera v. Waldera the case, the Wife appealed the amount of the alimony that was awarded to her by the trial court in the Final Judgment of Dissolution of Marriage. She argued that the trial judge reached an erroneous alimony determination, by improperly calculating her Husband’s income. In reaching its calculation, the trial court relied solely on the Husband’s income for one year. The Florida Court of Appeal agreed with the Wife that this was an error.
The appellate court pointed out that in making an alimony determination, a trial court is required look at all sources of income that are available to both parties. For purposes of determining alimony, income is considered to be any type of payment, regardless of the source. Income includes salary, bonuses, commissions, and earnings as an independent contractor. In awarding alimony, courts are required to consider all economic factors, including income, past earnings, net worth, and the parties’ assets. In this case, although the trial court was presented with evidence concerning the Husband’s income between 2009 and 2016, the trial court only considered the income that Husband earned during the year preceding the entry of the Final Judgment for Dissolution of Marriage. The appellate court pointed out that there is a presumption that a payor will continue to earn the same amount that he or she has historically earned, unless there is evidence to the contrary.
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March 31, 2025
by SmartSites
In a recently decided alimony case captioned Ritacco v. Ritacco, the Husband and Wife were married for more than twenty-two years. The Husband was the sole income provider during the marriage. The Wife raised the parties’ daughters, and did not work outside of the home. The Husband receives a salary, a pension, and owns a DROP account. The Florida Court of Appeal decided four alimony issues.
First, the appellate court pointed out that there is a rebuttable presumption that the trial court should award permanent alimony when there is a long term marriage. A long-term marriage is a marriage that exceeds seventeen years.
Second, the Court of Appeal recognized that a trial court should impute income that can reasonably be received from a party’s liquid assets. Where a party receives an award of equitable distribution that will result in immediate income, this income will be included in making an alimony calculation. However, in the case at bar, the amount of income was so small that the court declined to impute it as income.
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March 27, 2025
by SmartSites
In making an alimony award, adultery and infidelity can only be considered by the trial judge when the adulterous conduct involves the dissipation of marital assets. In a case captioned Keyser v. Keyser, the parties were married for twenty-years. This is considered a long term marriage. When there is a long term marriage, there is an initial presumption that an award of permanent alimony is appropriate. It was also alleged in Keyser v. Keyser that one of the spouses engaged in marital infidelity.
The Florida Court of Appeal recently stated that in making an alimony award, a trial judge is permitted to consider a spouse’s infidelity. The Florida Court of Appeal pointed out that Florida Statutes Section 61.08(1), allows the trial judge to consider adultery in making an alimony award. However, the Court stated that without a showing that marital assets were used to support the allegedly adulterous behavior, infidelity is not an appropriate basis for awarding a larger share of the parties’ marital assets to the innocent spouse. The Appellate Court also stated that adultery is not a sufficient basis to deny an award of alimony to the other spouse. Finally, even if adultery does take place, the payor’s ability to pay and the payee’s need are the primary factors that the trial court should consider in making an alimony award 61.08. In making an alimony award the trial court must first determine whether the payor has the ability to pay alimony and whether the recipient has an actual need for alimony before it considers the other statutory factors set out in Florida Statutes Section 61.08.
To speak with an alimony attorney in Palm Beach County, contact Matthew Lane & Associates, P.A. at (561) 363-3400.
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March 27, 2025
by SmartSites
In a recently decided alimony case captioned Jimenez v. Jimenez, the Florida Court of Appeal stated that in reaching a decision concerning alimony, a trial court is required to consider every one of the factors set forth in the Florida Statutes. In deciding whether or not to award alimony, a trial court is required to decide whether one of the parties has the ability to pay alimony and whether the other party has the need for alimony. If a court determines that one party has the ability to pay alimony and that the other party has the need for alimony, the court is required to consider all of the following ten factors. First, the standard of living established by the parties during the marriage. Second, the length of the marriage. Third, the physical and emotional condition of each of the parties and the age of the parties. Fourth, each parties assets and liabilities. Fifth, the parties’ earning capacities and the need for additional training and education. Sixth, each of the parties’ contribution to the marriage. Seventh, the need to stay home with any minor children. Eighth, the tax consequences of an award of alimony. Ninth, each parties’ sources of income from employment or investments. Tenth, any other factor that the court considers is necessary to reach a fair and just resolution of the matter.
In the event that the trial court fails to consider all of the alimony factors, the case will be reversed on appeal. At that point the case will be remanded to the trial court to retry the case.
To speak with an alimony attorney in Wellington and Palm Beach Gardens, Florida, contact Matthew Lane & Associates, P.A. at (561) 363-3400.
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March 27, 2025
by SmartSites
In a modification of alimony case, a payor’s alimony obligation can be reduced when the recipient voluntarily reduces their needs. In a recently decided case captioned Regan v. Regan, the trial court granted the Husband’s petition for modification. The trial court permitted a reduction of the Husband’s alimony obligation from $9,000 per month to $7,800 a month. When the parties were divorced, they agreed that the Husband would pay $9,000 per month. The wife also received retirement accounts and investment accounts as part of the settlement. After the divorce, the wife significantly reduced her expenses by moving to another state, selling the marital house, and purchasing a smaller home. The trial court found that these reductions constituted a substantial change of circumstances and warranted a modification of alimony.
The Florida Court of Appeal held that where a party is required by the court to make alimony payments and the financial ability of either of the parties changes, either party is entitled to apply to the court for a modification of alimony. The trial court has the authority to make changes that equity requires, taking into account the parties’ changed financial ability or the circumstances of the parties. The trial court has the authority to increase or decrease alimony. In order for a modification to be granted there must be a substantial change in circumstances that was not contemplated at the time of the divorce which is material, sufficient, involuntary and permanent. The involuntary aspect has been applied where a party’s ability to pay is reduced. Where a recipient voluntarily reduces his or her living expenses, a reduction in alimony may also be granted. Where, as here, the recipient spouse’s expenses are reduced by more than one half as a result of her reducing the size of her home and moving out-of-state, the Husband’s alimony obligation may be reduced.
To speak with a modification of alimony attorney in Palm Beach Gardens, Florida, contact Matthew Lane & Associates, P.A. at (561) 363-3400.
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