Matthew Lane & Associates, P.A.
Palm Beach Gardens, West Palm Beach And Wellington, Florida Offices 561-328-1095

Alimony in Jupiter, Florida - Imputation of Income

In calculating an alimony award, the amount of income that a spouse may be able to earn is a factor that the court should consider. The court should look at the impecunious spouses' work history, occupational qualifications, and the prevailing earnings in the community for the type of jobs for which the spouse is qualified. The amount of income a spouse may be able to earn is a factor that the court should consider in determining an alimony award. The court should consider the wife's work history, her occupational qualifications, and the prevailing earnings in the community for the type of jobs for which the wife is qualified. In Adelberg v. Adelberg, the Florida Court of Appeal recently stated: "We review imputation of income based on whether it is supported by competent, substantial evidence. Marshall-Beasley v. Beasley, 11 So.3d751,755 (Fla.4th DCA 2011).

"'[T]he amount of income a spouse may be able to earn is a factor the courts should consider in determining an alimony award.'" Green v. Green, 126 So.3d 1112,1114 (FIa. 4th DCA 2012)(quoting Schram v. Schram, 724 So. 2d 679, 682 (Fla. 4th DCA 1999)) (emphasis in original). " 'A court may impute income where a party is willfully earning less and the party has the capability to earn more by the use of his [or her] best efforts.'" Marshall-Beasley, 11 So. 3d at 756 (quoting Schram v. Schram, 932 So. 2d 245, 249 (Fla. 4th DCA 2005)). The court should consider the wife's work history, her occupational qualifications, and the prevailing earnings in the community for the type of jobs for which the wife is qualified. Zarycki-Weig v. Weig, 25 So. 3d 573, 575 (Fla. 4th DCA 2009). Here, the couple had been married for seventeen years. The former wife was unemployed when the petition for dissolution was filed. To impute a specific amount of income, it is unnecessary to prove that an employer would actually hire the spouse. Middleton v. Middleton, 79 So. 3d 836, 836-37 (Fla. 5th DCA 2012)." 

To speak with a divorce attorney in Jupiter, Florida contact Matthew Lane & Associates, P.A. at (561) 651-7273.

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