Posted by Nydia Streets of Streets Law in Florida Alimony
When a party requests temporary alimony in a Florida divorce, the court usually has more discretion in making the award than it does a final alimony determination. This is because temporary awards only last until the final judgment is entered, and therefore can be modified more easily than a final award. A temporary alimony order was an issue in the case Kennedy v. Kennedy, 4D20-2773 (Fla. 4th DCA November 3, 2021).
As part of their pending divorce, the wife sought temporary alimony and attorney’s fees. The parties were separated for 14 years by the time a divorce petition was filed. During this time, the husband reportedly paid voluntary support to the wife. The wife had not worked for 25 years. The trial court imputed the wife to minimum wage after finding she was physically and mentally capable of working. The wife appealed this issue, along with the amount of attorney’s fees awarded to her.
The appellate court first agreed with the wife that it was error for the court to impute income to her when the husband had not requested it and the wife was not on notice that this would be done. Therefore, the imputation of income was reversed. The court affirmed on the issue of fees, holding “Although the attorney’s fees award was less than the full anticipated fees and costs to litigate the case through trial, the court awarded substantially more suit money than the wife had already incurred. The trial court was not required to award the full anticipated costs of litigating the case through trial in the temporary relief order. Further, the trial court’s failure to make specific findings in a temporary fee award is not per se reversible error. Piluso v. Piluso, 622 So. 2d 117, 118 (Fla. 4th DCA 1993). This is not a case where specific findings are necessary for meaningful review. [internal citation omitted]. Record evidence supports the amounts awarded to date and nothing precludes the wife from asking for additional litigation funds as the need arises.”
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