Retroactive Alimony | Petition for Dissolution | Lane & Associates

Alimony Parties can recover alimony retroactive to date of the filing of the Petition for Dissolution. “This does not negate the fact that the Wife may be entitled to an alimony award retroactive to the March 15, 2007, filing of the petition. See Valentine v. VanSickle, 35 Fla. L. Weekly D1663 (Fla. 2d DCA Jul. 28, 2010)…On remand, the trial court must consider the Wife’s need and the Husband’s ability to pay during that time period in determining whether the Wife’s retroactive alimony request is appropriate. See id. at D1665 (“[A]n award of retroactive alimony must be based on the receiving spouse’s need for alimony and the paying spouse’s ability to pay.”); see also Alpert v. Alpert, 886 So. 2d 999, 1002 (Fla. 2d DCA 2004) (reversing retroactive alimony award for trial court’s failure to make “findings concerning the sources…of the [h]usband’s income during th[e] critical time-frame,” which this court identified as “the twenty-one-month period of the pendency of the proceedings for dissolution of marriage”). Gremel v. Gremel