Posted by Nydia Streets of Streets Law in Florida Alimony
How much of a person’s monthly income can a court order be paid as alimony to a former spouse? According to the Florida Statutes “The award of alimony may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances.” Fla. Stat. Chp. 61.08. This was an issue in the case Kirby v. Kirby, 5D21-304 (Fla. 5th DCA May 6, 2022).
The parties were married for about twenty years by the time a petition for divorce was filed, and there was no dispute that the former wife was entitled to permanent alimony. The trial court awarded the former wife $8,000 per month in permanent alimony based on the former husband’s past gross incomes. The only reference to the former husband’s net income was for child support purposes. The former husband appealed.
The appellate court held “Although the Amended Final Judgment set forth numerous findings of fact regarding the parties' gross incomes, the only reference to Former Husband's net monthly income specifically states that that figure was for child support purposes only. The Amended Final Judgment made no other findings of fact related to Former Husband's net income for purposes of calculating alimony. Thus, it appears that the trial court relied on Former Husband's gross income when calculating his alimony obligation. This is reversible error. [. . .] Moreover, if we rely on Former Husband's monthly net income that the trial court used for child support purposes, his alimony obligation equals approximately 60% of his monthly net income. However, the trial court did not make any findings regarding Former Husband's ability to pay $8,000 per month in alimony and it is unclear from the record whether he has the ability to make this payment and still afford to pay his own living expenses. This too requires reversal.”
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