Former Wife Successfully Appeals Amount of Alimony Award

In the case of Farley v. Farley, the former wife asked the appeals court to review the amended final judgment of dissolution of marriage with regard to her periodic permanent alimony payments. The trial court had awarded the wife $2350 per month in permanent periodic alimony. The appeals court found cause to reverse in part and remand the matter for the trial court to enter an award of alimony in the amount of $3350 per month.

Award of permanent periodic alimony 

Florida legislators have recently passed new rules essentially doing away with permanent alimony. However, these cases are still precedential in a number of matters regardless of the current law. If you, as a litigant to divorce, are awarded less alimony than you believe you deserve, you can file an appeal to recover more given that certain conditions are met. In this case, that’s exactly what happened.

The trial court entered a final judgment of the dissolution of marriage in 2000. The parties had been married for 24 years (making it a “long” marriage). Under the previous rules, the courts presumed that during a long marriage one spouse would have a presumptive need for alimony. In this case, the wife didn’t hold a job in the workforce and instead was a stay-at-home mom. The trial court ultimately awarded the wife $2350 in permanent periodic alimony. To support the award, the court made the following findings:

• Income should be imputed to the former wife in the amount of $1250 per month
• The former wife’s “baseline expenses” were $3600 per month
• The former husband had the ability to pay and the former wife had the need for alimony in the amount of $2350 per month

The former wife appealed the trial court’s award of alimony. The appeals court reversed and remanded “for entry of a final judgment of dissolution of marriage containing the required statutory findings to support the award of alimony.” The appeals court found that the final judgment of dissolution did not address the standard of living that the parties enjoyed during their marriage. Nor did the final judgment state the former husband’s income, and did not consider the former wife’s post-dissolution expenses.

The primary consideration that the courts make when determining alimony is the needs of the spouse who is requesting alimony versus the ability of the other spouse to pay for that alimony. In determining the appropriate amount of alimony, the court must also consider tax implications when such evidence is presented. In this case, the appellate court found cause to reverse the award because the award did not allow the wife to maintain a similar standard of living she enjoyed during the marriage. The court saw fit to adjust the award to cure this error.

Talk to a Tampa, FL Family Law Attorney Today 

Westchase Law, P.A. helps Tampa, FL residents apply for alimony during divorce proceedings. We can ensure that you are justly compensated based on the length of your marriage, your financial need, and your spouse’s ability to pay. Call our Tampa family lawyers today to schedule an appointment, and learn more about how we can help.

Source:

casetext.com/case/farley-v-farley-10