Posted by Nydia Streets of Streets Law in Florida Alimony
What does a court look at to determine if permanent alimony should be paid in a Florida divorce case? Some factors that must be considered are the length of the marriage, the respective financial positions of both parties, and the age and health of both parties. In the case Murkerson v. Murkerson, 1D20-2248 (Fla. 1st DCA August 17, 2021), the former wife appealed the length of her alimony award, among other issues.
The parties were married for 14 years and had three minor children. After a trial a final judgment of divorce was entered granting the former wife exclusive use and possession of the marital home until 2023, and rehabilitative alimony. The former wife appealed, arguing it was error to end her exclusive use and possession of the home before the youngest child turned 18 and that she should have been awarded permanent alimony based on the disparity in income between the parties.
With regard to exclusive use and possession of the home, the appellate court disagreed, holding that although the former wife was the primary custodial parent of the children, the evidence showed the former husband could not purchase a home for himself while also being responsible for the mortgage on the marital home. The appellate court also noted the former wife “would have sufficient income and equity needed to refinance the marital home for herself before the temporary possession period expires.” Therefore, the court found no abuse of discretion in the trial court’s ruling on exclusive use and possession of the marital home.
On the issue of alimony, while the court agreed with the former wife that there were insufficient findings as to each party’s need for and ability to pay alimony (and the case was remanded to the trial court to address this), the court disagreed with the former wife that she should have been awarded permanent alimony. The court held “Wife primarily argues that permanent alimony was warranted because of the parties’ disparity in income. But this Court has recognized that a ‘[s]imple disparity in income will not support an award of permanent periodic alimony.’” (internal citations omitted).
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