Posted by Nydia Streets of Streets Law in Florida Alimony
A spouse who is disabled may qualify for permanent alimony in Florida even if the marriage is not considered a long-term marriage. A court awarding permanent alimony in a short or moderate term marriage must make a finding that no other type of alimony is appropriate under the circumstances. This would usually apply in a case in which a spouse became permanently, severely disabled and unable to work. This was an issue in the case Gardi v. Gardi, 4D19-194 (Fla. 4th DCA June 9, 2021).
The former wife filed for divorce after the parties were married for 8 years. At the time, the former wife was working while the former husband received social security disability income of $1,221 per month. The former husband testified that he could, and did perform some work, but he was limited in what he could earn due to his disability benefits. He also testified that he intended to become employed. The former husband was awarded temporary use of the marital home and during this time, he allowed friends to stay there rent-free. There were some discrepancies on his financial affidavit as to his monthly expenses. Ultimately, the trial court awarded the former husband durational alimony of $3,000 per month for three years. Additionally, since the court found the former husband’s tenants should have been paying rent and used this as an offset to the former wife’s alimony obligation, the court ordered that the offset rent would be lump sum alimony. Finally, the court ordered that if the home were to be sold or refinanced, the former husband would receive all equity in the home as lump sum alimony, but the parties would split any deficit. The former husband appealed.
The appellate court summarily disagreed with the former husband, holding “Having reviewed the trial court’s fifteen-page order, we affirm. Contrary to the former husband’s arguments, the trial court heard the testimony and considered each of the requisite statutory factors in determining alimony. The court found the former husband in need of durational alimony but did not find he was entitled to permanent alimony from this eight-year marriage. The trial court was skeptical of the former husband’s suggestion that he could not work. The former husband himself testified regarding his intent to return to work. The trial court awarded the former husband all the equity in the home, thereby providing him with the court’s stated intent to provide lump sum alimony. This lump sum alimony also came in the form of forgiveness of the lost rent the former husband failed to charge others who lived in the marital residence. While there is no specific language in the decretal portion of the judgment that designates lump sum alimony, the judgment does provide lump sums of money to the former husband as outlined above.”
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