Contested Alimony Awards in Florida: Appealing an Alimony Award

One of the most contentious aspects of a Florida divorce case is the matter of alimony. The courts have to make a decision based on two main factors: whether or not a spouse has a need for support and whether or not the other spouse has the ability to pay. Even though trial courts have a wide range of discretion when it comes to deciding alimony awards, they have to make these decisions based on evidence that has been introduced in the case. In this article, we’ll discuss a real Florida family law case in which alimony awarded by the trial court was contested on appeal.

Background of the case 

In the aforementioned case, the parties were married for 50 years, which, under Florida law, is considered a “long-term” marriage. As such, there were considerable alimony issues at stake in the case, especially considering how low the former wife’s income was without the support of her husband.

At the time of the divorce, the former wife was 76 years of age and legally blind. She had been blind for decades and, as such, could not see or read. The wife’s age and disability meant she could not contribute to the household through her earnings. Financial data presented to the court showed that she received $1,228 monthly in Social Security payments.

The court also noted that the wife’s reasonable monthly expenses were around $2,477; however, she still had a financial deficit to cover.

In comparison to the wife’s financial situation, the former husband received an income of around $3,847 monthly. After deducting the expenses of the former husband, he still had a financial surplus of around $949 monthly.

Despite these findings, the trial court only awarded the wife durational alimony of $500 monthly. This is despite the fact that the husband had the financial ability to pay more than the awarded amount to cover the wife’s financial deficit.

The appeal

In this case, the former wife appealed the alimony decision by stating that the trial court had abused its discretion by deciding an amount that was inconsistent with its findings of fact.

A Florida court must consider several statutory factors when deciding alimony under Florida Statute Section 61.08. These factors include the financial resources of the spouses, the duration of the marriage, and the age and health of the spouses.

The appellate court scrutinized the calculations of the trial court. The court had found that 35 percent of the difference in the net income of the spouses was roughly $909. This amount was much higher than the $500 that was ultimately awarded. The Fourth District Court of Appeal found that the decision of the trial court was not supported by the findings.

Florida law recognizes that one spouse should not have to deplete their assets to pay living expenses of the other spouse. The appellate court found that the evidence showed that there was a financial need by the wife and that the husband had the financial ability to pay more in spousal support. Hence, the appellate court found that the alimony award was inadequate and reversed the decision of the trial court, remanding the case for further proceedings.

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