Posted by Nydia Streets of Streets Law in Florida Alimony
When calculating income in a Florida divorce case, we look at the Florida Statutes to define what this means. Income is defined by Florida Statute Chp. 61.046(8) as “any form of payment to an individual, regardless of source, including, but not limited to: wages, salary, commissions and bonuses, compensation as an independent contractor, worker’s compensation, disability benefits, annuity and retirement benefits, pensions, dividends, interest, royalties, trusts, and any other payments, made by any person, private entity, federal or state government, or any unit of local government. United States Department of Veterans Affairs disability benefits and reemployment assistance or unemployment compensation, as defined in chapter 443, are excluded from this definition of income except for purposes of establishing an amount of support.”
In the case Goldberg v. Goldberg, 4D21-3459 (Fla. 4th DCA February 15, 2023), the court awarded alimony to the former wife based on a finding that the former husband’s annual income was $200,000. The former husband appealed, arguing it was error to base the alimony award on his gross income rather than his net income.
The appellate court agreed with the former husband, holding “it appears that the trial court erred in using a gross income figure for determining alimony. Ability to pay alimony must be based on a party’s net income, rather than gross income, as net income is the measure of funds available to the party. See Whittaker v. Whittaker, 331 So. 3d 719, 721 (Fla. 4th DCA 2021); Conlin v. Conlin, 212 So. 3d 487, 488 (Fla. 2d DCA 2017). Where ‘it is not apparent that the trial court based its alimony calculations on net income,’ an appellate court will reverse and remand for the trial court to make the required findings and to modify the award if necessary. Rentel v. Rentel, 124 So. 3d 993, 994 (Fla. 4th DCA 2013).”
Schedule your meeting with a Miami family law attorney to understand how the law may apply to your case.