Florida Court Addresses Contested Alimony Award

One of the most contested issues in Florida divorce cases is the award of alimony to one of the spouses. Even if both parties have agreed that the marriage is no longer working, they may have differing opinions on the awarding of support, the amount of support, and the type of alimony. The Florida courts have broad discretion when it comes to awarding alimony; however, there is a key requirement that must be met by the court: the court’s reasoning and findings of fact must be stated. In this article, the Largo, FL, divorce lawyers at Cairns Law, P.A., will discuss a case involving a contested alimony award. 

Background of the case 

In the aforementioned case, the couple went through a dissolution of marriage, which involved a number of contested financial issues, including alimony. A final judgment was made by the trial court that granted permanent periodic alimony, a type of alimony that is granted for a long time depending on the length of the marriage.

Although the trial court made a judgment on the alimony, the former wife felt that it was not legally sufficient since it did not sufficiently explain how the court made its decision. According to Florida law, an alimony judgment is not supposed to be made based on impressions or assumptions. Rather, it is supposed to be based on an evaluation of various statutory elements, which include the standard of living during the marriage, the need for support, and the ability of the other spouse to pay.

The former wife felt that the judgment was not sufficient since it did not clearly spell out how the court made its judgment on the alimony.

The appeal 

The former wife appealed the case to Florida’s Second District Court of Appeal. In this case, the main issue that the Second DCA had to deal with in reviewing the case was not necessarily whether the award of alimony was “right” or “wrong.” Rather, the main question was whether or not the final judgment included the specific findings that the Florida Statute section 61.08(2) requires.

As the Second DCA noted in this case, “Florida law requires the trial court to make factual findings in support of the award of alimony, including the findings regarding the statutory factors.” These findings are important for two reasons: first, they help the parties understand the rationale for the trial judge’s decision, and second, they allow the appellate court to review the trial judge’s decision.

As the Second DCA noted, the final judgment does not include the necessary findings to support the trial court’s award of permanent periodic alimony. Without these findings, the Second DCA could not properly review the trial judge’s decision to determine if the trial judge had properly exercised his discretion in the case.

As a result of the Second DCA’s decision, the court reversed the trial judge’s findings regarding the award of alimony and remanded the case back to the trial court for review.

Talk to a Largo, FL, Divorce Attorney Today

Cairns Law, P.A., represents the interests of Largo residents who need to file for divorce. Call our Largo 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