Posted by Nydia Streets of Streets Law in Florida Alimony
Calculating alimony in Florida is a process requiring consideration of multiple factors. The length of the marriage, the relative financial circumstances of the parties, and the ages and health of the parties are some of these factors. Alimony is governed by Fla. Stat. 61.08.
In the case Guimbellot v. Guimbellot, 1D20-2444 (Fla. 1st DCA December 22, 2022), the final judgment of divorce included equitable distribution, alimony and attorney’s fees. The former husband was ordered to pay the former wife $5,500 per month in permanent alimony. The former husband’s business interests were also equitably distributed and he was ordered to pay the former wife’s attorney’s fees. The former husband appealed on all issues.
As to the alimony, the appellate court reversed, holding there was insufficient and conflicting evidence as to the former husband’s ability to pay $5,500 per month. Also the court took issue with the fact that there was no required finding in the judgment that no other form of alimony was appropriate besides permanent. Regarding equitable distribution, the court held “We also reverse the trial court’s determination of equitable distribution because the valuation of Appellant’s business included only business assets and failed to take liabilities into account. On remand, the final order must recalculate the equitable distribution after properly accounting for the business’s liabilities.”
Turning to attorney’s fees, the Court held “The order awarding trial court attorney’s fees references certain hourly rates and total amounts of fees to which the parties apparently stipulated during a November 24, 2020, hearing. The transcript of this hearing is not in the record on appeal. However, because the order does not make the specific findings required by Fla. Patient’s Comp. Fund v. Rowe, 472 So. 2d 1145, 1151–52 (Fla. 1985), including the hourly rate, the number of hours reasonably expended, and any appropriate reduction or enhancement factors, we reverse. Additionally, the trial court must reconsider the appropriateness of an attorney’s fees award after it reconsiders equitable distribution and alimony and considers any changes to the parties’ relative financial circumstances. Because the purpose of awarding attorney’s fees is to ensure that the parties have a similar ability to obtain competent counsel, if equitable distribution places the parties in substantially similar financial positions, it is an abuse of discretion to award attorney’s fees to one party.”
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