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Florida Court Explains When Durational Alimony is Appropriate

While many people assume that women are the primary caregivers for their children, it is not unusual for a husband and wife to decide that the husband will stay at home to care for the children while the wife works. As a result, if a marriage terminates because the husband does not work, the husband has the right to claim alimony from the wife. In a recent divorce case in Florida, the court explored when alimony is acceptable and what considerations should be considered when deciding whether it should be granted. If you or your spouse intends to file for divorce, consult with an experienced Florida family law attorney to see how the breakdown of your marriage will affect your finances.

History of the Case

It alleged that the husband and wife married in 2006 and had two children. From 2011 until 2017, the couple decided that the husband would stay at home and care for the children, and he did not work. He acquired a job in retail when he returned to work, earning around $1,400.00 per month. The wife worked as an auditor and got annual payments from a family trust fund, earning roughly $9,000.00 each month.

According to reports, the wife petitioned for divorce in 2017 and the husband counter-petitioned for alimony. The court awarded the husband $2,000.00 per month in alimony for sixty months and ordered the woman to pay child support to the husband in the final decision released in 2018. The wife filed an appeal, claiming that the trial court erred in giving the husband durational alimony.

Grounds for Granting Alimony for a Set Period of Time

Durational alimony is a type of alimony that can be awarded in Florida to help a person financially for a defined period of time. A court must first make a particular factual judgment regarding the requirements of the party requesting alimony as well as the ability of the party seeking alimony to pay before deciding whether to grant durational alimony. If the court decides that alimony is appropriate, it must analyze the relevant considerations laid out in Florida legislation in order to determine the proper amount and type of alimony.

The appellate court ruled that the evidence supported the trial court’s decision that the husband was entitled to alimony and that the wife had the ability to pay, but that the amount of alimony owing was incorrectly calculated. Furthermore, other than the argument that the husband had been out of work for sixty months, the trial court did not establish a justification for the duration of the alimony. The durational alimony ruling was thus overturned, and the matter was remanded for further proceedings.

Meet with an Assertive Miami Divorce Lawyer

When a marriage ends, one spouse will often seek alimony, but whether or not this is awarded is contingent on a number of criteria. If you want to end your marriage but you and your spouse have dissimilar incomes, you should consult an attorney about your options. The assertive Miami attorneys of the Law Offices of Sandy T. Fox, P.A., are mindful of the financial ramifications divorce can have, and if we represent you, we will fight to help you seek a favorable outcome. We have an office in Aventura, and we frequently represent people in divorce cases in Miami. You can contact us through our online form or at 800-596-0579 to set up a meeting.

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