Farley v. Farley — Contested Alimony in Florida

Alimony in Florida is often hotly contested, especially when the parties disagree about the amount, duration, or even whether it should be awarded at all. Farley v. Farley illustrates how an appellate court scrutinizes alimony awards, particularly long-term, and why trial courts must make clear, statutorily required findings.

Background of the case 

In Farley v. Farley, the trial court awarded the former wife — who had spent the couple’s 24-year marriage as a full-time homemaker — permanent periodic alimony of $2,350 per month as part of the final divorce judgment.

Given both the length of the marriage and the wife’s lack of earning capacity, the court’s decision appeared to acknowledge a presumed need for ongoing support under the law in effect at the time. However, the husband disputed the amount, claiming it failed to accurately reflect the lifestyle they had maintained during the marriage, and did not properly weigh the statutory factors relevant to alimony awards.

The appeal

On appeal, the appellate court agreed that the trial court erred. It reversed in part and remanded for a new alimony determination, instructing the trial court to enter a final judgment containing the required statutory findings to support the alimony award. Specifically, the court found that the original judgment failed to sufficiently account for the “standard of living established during the marriage, which is a critical benchmark under Florida law for alimony.

As a result, the appellate court directed the trial court to reconsider and award a higher amount: $3,350 per month, which reflected a more adequate maintenance figure based on the couple’s standard of living.

Key takeaways from the case 

• Marital standard of living matters – An alimony award, especially permanent periodic alimony, must reflect the standard of living established during the marriage. Courts can err when they base awards on post-separation living conditions instead. Farley demonstrates that discrepancy can lead to reversal.
• Statutory findings are required – Trial courts must spell out the statutory bases for alimony awards: need, ability to pay, duration of the marriage, and standard of living. A bare award without findings is vulnerable on appeal. Farley was remanded because the final judgment lacked those required findings.
• Long-term marriages often trigger a strong presumption for support – In long marriages with a dependent spouse or a spouse who sacrificed earning potential, courts can expect a proportional alimony award to preserve lifestyle, not minimal subsistence. Farley appellate willingness to correct inadequate awards.
• Alimony remains discretionary, but must be justified – Even though alimony is not automatic, when awarded, it must be carefully and transparently justified, taking into account all statutory factors.

Talk to a Clearwater, FL, Divorce Attorney Today

Cairns Law, P.A., represents the interests of Clearwater residents during their divorce. Call our Clearwater family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

law.justia.com/cases/florida/second-district-court-of-appeal/2001/2d00-5346.html