Fort Lauderdale Divorce Lawyer Blog
In Florida, alimony determinations require careful application of a statutory two-step analysis designed to protect both parties’ financial rights while maintaining consistency with equitable principles. The process begins with a clear determination of each party’s actual financial need and the other party’s ability to pay. A recent decision from a Florida court demonstrates how improperly blending these analytical steps can lead to reversible error. If you are involved in a divorce proceeding where alimony is at issue, a Miami family law attorney can help ensure your rights are safeguarded through every phase of the litigation.
Factual Background and Trial Court Proceedings
It is reported that the parties’ marriage was dissolved by final judgment, during which the trial court evaluated alimony and other financial matters. The trial court found that the wife had a reasonable monthly need of $4,000 based on her testimony and documentary evidence. However, despite this explicit finding, the trial court immediately concluded that she had failed to demonstrate a need for alimony.
It is alleged that the court justified this conclusion by pointing to the wife’s physical ability to work and the substantial assets she received through equitable distribution. These findings appeared to contradict the initial recognition of a $4,000 monthly need.
It is further reported that the trial court determined the husband lacked the ability to pay alimony. According to the court, the husband earned approximately $2,980.58 per month but had monthly expenses exceeding $6,700, creating a significant deficit. However, the financial affidavit introduced at trial stated that all of the husband’s personal expenses were being paid by his business.
This raised a factual inconsistency as the court treated those business-paid expenses as if they reduced the husband’s personal ability to pay. The wife challenged the trial court’s denial of alimony, asserting that the court erred in calculating both her need for support and the husband’s ability to pay.
Factors Weighed in Alimony Cases
On appeal, the court reversed the trial court’s denial of alimony, finding clear legal error in the misapplication of section 61.08(2), Florida Statutes. The appellate court emphasized that the statutory framework for awarding alimony entails two distinct steps. First, the trial court must determine whether one party has a financial need and whether the other has the ability to pay. Second, if both need and ability are established, the court must then consider a series of statutory factors to decide the type and amount of alimony to award.
The court held that the trial court erred by blending these two steps. The court’s initial recognition of the wife’s monthly need of $4,000 should have concluded the first-step inquiry into need. By subsequently denying alimony based on factors related to employability, equitable distribution, and the wife’s general capabilities, the court prematurely injected second-step considerations into the need determination.
As to the husband’s ability to pay, the appellate court noted that Florida law requires courts to consider net income after reasonable expenses. Citing the decision in Reese v. Reese, 363 So. 3d 1202 (Fla. 6th DCA 2023), the court reiterated that the ability to pay must be based on actual expenses borne by the payor. Because the husband’s own financial affidavit acknowledged that his expenses were paid by his business, the trial court’s finding that he ran a monthly deficit was not supported by competent, substantial evidence.
Consequently, the court reversed the trial court’s denial of alimony and remanded the case for reconsideration. Additionally, because the alimony ruling directly affected the wife’s need for child support, the court also reversed the related child support determination, directing the trial court to recalculate it if alimony is ultimately awarded.
Consult a Skilled Miami Alimony Attorney
If you need assistance with an alimony dispute, it is advisable to consult an attorney. At The Law Offices of Sandy T. Fox, P.A., our experienced Miami alimony attorneys possess the skills needed to navigate complex cases, and if you hire us, we will work tirelessly on your behalf. You can call us at 800-596-0579 or contact us online to schedule a confidential consultation. We represent clients throughout Miami and South Florida.