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

Alimony, Palm Beach Gardens, Durational Alimony

In awarding durational alimony, the Court should consider the disparity in the parties' incomes and the parties' proximity to retirement. In Packo v. Packo, the Florida Court of Appeal stated that: "The former husband, Richard G. Packo, appeals the final judgment that dissolved his marriage to the former wife, Kimberly S. Packo. We reverse and remand for the trial court to make the necessary valuations for the equitable distribution of marital assets and to reconsider the life insurance obligation imposed on the former husband or support such obligation with the requisite findings. We affirm the final judgment in all other respects. We review the trial court's final judgment dissolving the parties' marriage for an abuse of discretion. Vitalis v. Vitalis,799 So.2d 1127, 1130 (Fla. 5th DCA 2001). The trial court's discretion, however, is curtailed by certain statutory and judicially created requirements. E.g., id. at 1131 (reversing final judgment of dissolution for failure to make statutorily required findings). 

Section 61.08 requires the trial court to consider the parties' need for alimony and their ability to pay, § 61.08(2), Fla. Stat. (2010), taking into account the financial resources of each party and all sources of income available to either party. See § 61.08(2)(d),(i), Fla. Stat. (2010). In the final judgment, the trial court made no findings regarding the parties' income. But the record established that the husband's monthly income is $4,690 while the wife's is $545. There are no findings explaining the court's arrival at the figure of $700 per month for alimony, given the disparity between the parties' incomes or explaining the three-year limit in a case where both parties' working lives may well be nearing an end."

Durational alimony is intended 'to provide a party with economic assistance for a set period of time.' § 61.08(7), Fla. Stat. (2010). Because the record does not make clear that the trial court considered the disparity in the parties' incomes and the financial resources of both parties, we remand for findings of fact relating to the award of alimony. See Kemmet v. Kemmet, 885 So. 2d408, 409 (Fla. 1st DCA 2004)"

To speak with a Palm Beach Gardens alimony attorney contact Matthew Lane & Associates, P.A. at (561) 651-7273.

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