In some marriages, one spouse relies on the other for financial support. As such, if a couple with disparate income decides to divorce, the lesser earning spouse may seek alimony. The courts must assess multiple factors in determining whether alimony is appropriate, and if they fail to conduct a thorough evaluation, their rulings may be overturned. This was demonstrated in a recent Florida case, in which the appellate court vacated the trial court’s order on the grounds the trial court failed to determine if the wife was entitled to alimony. If you or your spouse intend to seek a divorce, it is advisable to confer with a Florida divorce attorney to assess how the dissolution of your marriage may impact you financially.
The Facts of the Case
Reportedly, the husband and the wife were married in 1996. In 2018, the wife filed a petition for dissolution of the marriage, in which she sought rehabilitative alimony, bridge-the-gap alimony, and permanent alimony due to the length of the marriage. She asked the court to require the husband to maintain a life insurance policy naming her as a beneficiary as well.
It is alleged that the court found that the husband’s total monthly expenses were close to $7,000, while the wife’s total expenses were slightly less than $3,000. Further, the court noted that the wife had amassed some savings while the husband had none. Thus, the court found that the husband lacked the ability to pay alimony and denied the wife’s request. It also declined to require the husband to maintain life insurance. The wife appealed. Continue reading ›