Alimony in Palm Beach County, Florida

In Melton v. Melton, the Florida Court of Appeal stated that in calculating ability to pay, courts must factor in voluntary contributions that are made to investments. The Court state that…

“Additionally, trial courts must factor in the paying spouse’s voluntary contributions to investments, savings, and retirement plans in making the “ability-to-pay alimony calculation.” Geoghegan v, Geoghegan, 969 So. 2d 482, 486 (Fla. 5th DCA 2007); see also Martinez v. Abinader, 37 So. 3d 944, 947 (Fla. 2d DCA2010) (reversing in part because trial court failed to address husband’s voluntary contributions to AARP 401(k) plan or the fact that husband was making payments on investment property that he purchased after parties’ separation). Trial courts may also consider “any other factor necessary to do equity and justice between the parties.” § 61.08(2).”  

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