Palm Beach Florida Divorce & Family Law Blog

In an alimony case that was recently decided by the Florida Court of Appeal the Florida Court of Appeal stated that permanent alimony can be awarded to provide for the recipient's needs, as they were established during the course of the marriage, if the recipient lacks the ability to meet his or her financial needs after the parties are divorced. In Weininger v. Weininger the Florida Court of Appeal stated that in a long-term marriage there is a rebuttable presumption that permanent alimony should be awarded. A long-term marriage is a marriage having a duration of 17 years or more. The party that is seeking an award of alimony has the burden to prove the payor's ability to pay and the payee's financial need.

Child Custody and Visitation in Florida was recently addressed by the Florida Court of Appeal in a case captioned Beck v. Lewis. In this case the father appealed the temporary order of the court which created a temporary timesharing schedule for the parents. The trial court granted temporary primary custody of the child to the mother. The Court of Appeal affirmed this temporary order. The temporary order terminated a prior court order that awarded temporary timesharing to the child's grandmother.

The trial court order terminated the grandmother's timesharing, establishing the mother as the primary custodian of the child, and awarding transportation expenses. The order provided for the father to have timesharing with the child one weekend per month, during the summer and during holidays. The father works on weekends as a DJ. The father challenged the trial court's order based upon the fact that the timesharing schedule impairs his ability to earn a living on weekends.

In awarding alimony, the trial court is required to take into account the payor's living expenses. In a recently decided case before the Florida Court of Appeal captioned Will v. Will, the husband appealed the lower court's award of alimony. The husband challenged the alimony award, because the trial court erred in determining his ability to pay without taking into account his living expenses. The Florida Court of Appeal reversed the lower court's alimony award. The Florida Court of Appeal stated that when a trial court calculates alimony, it is required to take into account the payor's living expenses when determining the payor's ability to pay. In determining a payor's ability to pay, a court must consider the payor's necessary and reasonable living expenses. An award of support must take into account the payor's living expenses. An award of alimony shouldn't substantially endanger a payor's economic status. Since the lower court failed to take into account the husband's living expenses, the Florida Court of Appeal reversed the award and ordered the court to consider the husband's living expenses and his current income in calculating the appropriate alimony award.

In a recently decided divorce case, the Florida Court of Appeal decided who gets to keep the family home when there is a divorce. In a case captioned Walker v. Walker, the Florida Court of Appeal stated that as a general rule, absent special circumstances, the trial court should award to the primary residential parent exclusive use and possession of the marital home until the youngest child reaches the age of majority or is emancipated, or the primary residential parent remarries. Special circumstances include where the parties' combined incomes are insufficient to meet their normal living expenses, obligations, debts and the cost of maintaining the marital home. Exclusive use and occupancy will not be awarded where the former husband and former wife do not have a sufficient combined income to maintain the marital home and meet their obligations. Florida statutes require courts to assess the desirability of maintaining the marital home as a place for the children to live when it is equitable to do so, it is financially feasible, and it is in the children's best interest. In reaching this decision, divorce courts are to first decide whether it is in the best interest of the children to stay in the marital home, and, if not, whether other equities are served by giving the other spouse exclusive use and possession of the parties' marital home.