Articles Posted in Alimony

A North Florida trial court’s decision to award an ex-wife only enough alimony to cover her insurance expenses was recently thrown out by the 1st District Court of Appeal as not proper under the requirements of the Florida Statutes. In this wife’s case, failing to award enough alimony to cover her shelter and medications required reversal. The ruling reminds those involved in divorce matters that the law demands consideration of all of the recipient’s necessities as established during the couple’s marriage, and it also serves a clear warning of the potential risks of proceeding without legal counsel.

The couple, J.R. (husband) and T.R. (wife) from Clay County, recently divorced after a long-term marriage. The husband had an income of more than $78,000 per year. The wife, who did not have a high-school degree, had an annual income of less than $16,500. When the trial court came to address the issue of alimony, the judge concluded that the wife’s needs consisted only of her insurance, including both auto and health. The cost for these expenses was $600 per month, so the trial court awarded the wife $600 monthly in permanent alimony.

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A Central Florida wife will receive a second chance to make her case for an award of alimony, thanks to a recent decision issued by the 5th District Court of Appeal. The appeals court threw out an Osceola County trial court ruling that had given the wife zero alimony. One of the key errors that led to this reversal was the trial court’s conclusion that the couple’s marriage was one of “moderate” duration, despite the fact that the spouses had been married for more than 17 years when the husband filed for divorce.

In this case, Mr. J.Q. (husband) filed for divorce from his wife, Ms. J.Q. (wife), shortly after the couple’s 17th wedding anniversary. The couple’s divorce trial, though, did not take place until six years later. When the trial court issued its ruling, the judge stated that, taking into consideration each spouse’s relative income along with the fact that the couple’s was a marriage of moderate duration, the wife was not entitled to receive alimony.

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A Florida trial court’s award of alimony to a wife was thrown out recently by the 2d District Court of Appeal for being too low. The appeals court concluded that the trial court’s outcome, if put into action, would leave too great a disparity between the ex-spouses and would force the wife into a lifestyle below that which she enjoyed during the couple’s marriage.

A couple decided to end their 28-year marriage in 2011. Although the wife had a master’s degree and had been the primary earner through much of the marriage, her job at the time of the divorce paid only $29,000 annually. The husband was making $280,000 per year by 2011.
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When faced with the possibility of awarding alimony, courts have a variety of options. The appropriate option may depend on various factors, including how long you were married. Whether you are the spouse paying alimony or the one receiving alimony, it is very important to understand what the law does (and does not) allow courts to do when it comes to an alimony award. Two Florida appeals court decisions from this year serve as examples of these limitations.

In a very recent decision, Diaz v. Diaz, the 3d District Court of Appeal ruled in favor of a husband’s appeal and overturned a trial court’s ruling with regard to the husband’s payment of alimony. The trial court in that case ordered the husband to pay the wife durational (temporary) alimony each month for 48 months. The flaw with this award was that the couple’s marriage had only lasted for a little more than three years (40 months.) Section 61.08(7) of the Florida Statutes says that durational alimony “may not be modified except under exceptional circumstances and may not exceed the length of the marriage.”
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Sometimes, courts decide to award alimony to one spouse in a divorce based on that spouse having a much smaller income than the other spouse. The 2d District Court of Appeal received a case like this and reversed the trial court’s ruling requiring the husband to pay alimony. That’s because evidence of income disparity alone is not enough to justify an alimony award. The law requires proof of the recipient spouse’s need and the payor spouse’s ability to pay. The evidence in the case showed the husband did not have the ability to pay, so awarding alimony was erroneous.

M’s family law case was one similar to many people’s situations. While married, M and his now-former wife, T, had a child. They also reportedly racked up a considerable amount of debt, including credit card balances exceeding $10,000. Eventually, the couple decided to dissolve their marriage. By the time they split up, each spouse was  in a very problematic financial state, since each had debt obligations allegedly exceeding their incomes.
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