Fort Lauderdale Divorce Lawyer Blog
Under Florida law, alimony determinations must be supported by specific factual findings regarding both parties’ financial circumstances. This means, in part, that courts must carefully assess the needs of the receiving spouse and the ability of the paying spouse to meet those needs. The importance of adhering to statutory guidelines and making detailed findings in alimony awards was highlighted by a recent Florida decision. If you are involved in a divorce case with alimony disputes, consulting a Miami family law attorney can help protect your interests and ensure proper adjudication.
Case Setting and History
It is reported that the husband and the wife divorced. The parties’ dissolution of marriage proceeding included disputes over the amount and duration of alimony. The trial court awarded the wife permanent alimony based on the parties’ gross incomes and retroactive alimony for a specific period.
It is alleged that the husband appealed, arguing that the trial court failed to make the required specific findings regarding the parties’ net incomes, improperly based the alimony award on gross rather than net incomes, and awarded retroactive alimony without determining the former wife’s need for support or the husband’s ability to pay during the retroactive period.
Retroactive Alimony in Florida Divorce Actions
On appeal, the court reviewed whether the trial court’s alimony awards complied with Florida law, which requires specific findings regarding the financial needs of the receiving spouse and the financial ability of the paying spouse. The court cited recent precedents emphasizing that alimony awards must be based on net incomes, not gross incomes, and supported by findings regarding the parties’ financial circumstances.
The court agreed with the former husband on all three points. First, it found that the trial court failed to make specific findings about the parties’ net incomes, which are critical to determining the appropriateness and amount of alimony. Second, it ruled that the trial court erred in basing the permanent alimony award on the parties’ gross incomes. Third, the court concluded that the award of retroactive alimony was improper because the trial court did not make findings regarding the former wife’s financial need or the former husband’s ability to pay during the retroactive period.
The court reversed the awards of permanent and retroactive alimony and remanded the case for further proceedings. It instructed the trial court to reassess the alimony awards in compliance with statutory requirements and recent case law, specifically addressing the errors identified on appeal.
Confer with a Knowledgeable Miami Family Law Attorney
Alimony awards require precise legal and factual analysis to ensure compliance with Florida law. If you are involved in a divorce case and you anticipate that you or your estranged spouse intend to seek alimony, consulting a skilled family law attorney is essential to protect your financial future. The experienced Miami family law attorneys at the Law Offices of Sandy T. Fox, P.A. can provide the advocacy and guidance you need to navigate your case effectively. You can reach us at 800-596-0579 or use our online form to schedule a consultation.