Posted by Nydia Streets of Streets Law in Florida Alimony

If a party’s ability to pay alimony is non-existent due to temporary factors, a Florida court may be able to award nominal alimony in a divorce case. This was an issue in the case Atkinson v. Atkinson, 4D2025-1154 (Fla. 4th DCA February 18, 2026).

The parties to this divorce case were married for 18 years. The former husband worked and earned six figures while the former wife worked part-time only to maintain health insurance. At trial, testimony and evidence was presented which indicated the deficit stated by the former husband on his financial affidavit was due to expenses that were very likely to be reduced or eliminated in the near future. For example, the mortgage amount stated on his affidavit would change because there was testimony that the house was being sold. Nonetheless, the trial court ruled no alimony would be awarded. The former wife appealed.

The appellate court noted “Florida’s courts have permitted nominal alimony only in narrow circumstances, where a spouse would be entitled to alimony but for the paying spouse’s temporary inability to pay, which is reasonably foreseeable to change in the future. [internal citations omitted] ‘The rule, generally, is that where there is a likelihood of a change in circumstances in the future that would warrant an award of alimony, the court should retain jurisdiction.’ O’Brien v. O’Brien, 396 So. 3d 585, 589 (Fla. 4th DCA 2024).”

The court concluded “[T]he testimony here was that former husband’s financial circumstances would improve when the marital home was sold, and he would have a less expensive mortgage. Former husband also would no longer need a storage unit after the home’s sale. Under the circumstances of this case and consistent with our precedent, we conclude that the circuit court erred when it denied former wife nominal alimony. Accordingly, we reverse and remand for the circuit court to award nominal alimony to former wife and to reserve jurisdiction should a future basis arise to revisit alimony. In all other respects, the final judgment is affirmed.”

Nothing in this article is legal advice. Schedule your meeting with a Miami family law attorney to determine the next best steps in your case.