Court Discusses Factors Weighed When Awarding Alimony

When deciding to award alimony to one spouse, the Florida courts weigh several factors. These factors can be found under Florida Statutes § 61.08. The court is required to weigh these factors and come to a decision involving whether or not the spouse should receive alimony payments. In the case of Reese v. Reese, 363 So. 3d 1202 (Fla. 6th DCA 2023) the former husband was forced to pay his former wife alimony for an extended period of time. He tried to appeal the case. In this article, we’ll discuss the Reese case and how it played out.

Background of the case 

In this case, the parties divorced after a long marriage. During the dissolution proceeding, the trial court awarded alimony to the former wife, concluding that she had a need for financial support and that the husband had the ability to pay. The trial court calculated the husband’s ability to pay using his gross income (total earnings before expenses), without fully accounting for his reasonable monthly expenses.

The former husband proceeded to appeal the alimony award. He argued that the trial court erred by:

• Using his gross income instead of net income (income minus reasonable expenses) to determine his ability to pay.
• Failing to make adequate factual findings regarding his actual ability to pay alimony under § 61.08.

The issue then became: Did the trial court err in awarding alimony by calculating the husband’s ability to pay based on gross income rather than net income, and by failing to make sufficient findings of fact.

The appeal 

In this case, the Sixth District Court of Appeal reversed the decision to award the former wife alimony and remanded the case for further proceedings. Why?

Under Fla. Stat. § 61.08, courts must first determine whether:

• The requesting spouse has a genuine need for alimony, and
• The other spouse has the ability to pay.

The “ability to pay” analysis is based on the litigant’s net income (not their gross income), because gross income figures tend to ignore necessary expenses.

By relying on gross income, the trial court overestimated the husband’s ability to pay and failed to make adequate written findings that are required by the statute. Since the findings were insufficient, the appellate court could not meaningfully review the award.

Understanding the law 

In Florida, alimony awards must be based on net income after accounting for reasonable and necessary expenses. Courts are required to make specific findings and write those into the record. In the aforementioned case, the court neglected to do so, causing the wife’s alimony award to be reversed on appeal.

Talk to a Tampa, FL, Divorce Lawyer Today 

Faulkner Law Group, PLLC, represents the interests of Florida residents during their divorce. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

casemine.com/judgement/us/646156a896286752ef038aa6