Matthew Lane & Associates, P.A.

Alimony in North Palm Beach, Florida

In awarding alimony, income from property being distributed should be used in determining need and ability to pay. In Hodge v. Hodge, the Florida Court of Appeal recently stated: "The Amended Final Judgment does not indicate that the trial court's calculation of the Appellee's income included any investment income attributable to the assets divided in the equitable distribution scheme....

Failing to attribute the income from property being distributed to that party when determining need and ability to pay is reversible error. See Acker v. Acker, 904 So. 2d 384, 386-87 (Fla. 2005). The supreme court held that section 61.08(2), Florida Statutes, requires a trial court to consider all sources of income-including equitably-distributed assets-when determining alimony awards. Id. at 388-89 (citing Lauro v. Lauro, 757 So. 2d 523, 524-25 (Fla. 4th DCA2000)). In the present case, the trial court failed to consider how the equitable distribution scheme disposed of income-earning assets. Appellant argued below that the parties' incomes after equitable distribution were significantly different than the estimates employed by the lower court's award...In the Amended Final Judgment...The lower court also failed to include equitably-distributed property in its estimate of Appellee's income. After reviewing the Amended Final Judgment, we conclude that the lower court's conclusions are not based on competent, substantial evidence...In light of Acker, both parties' income estimates must be revised to reflect the equitable distribution of income-earning assets. We reverse the lower court's findings with regard to the calculation of both parties' income and remand for a determination of an appropriate alimony award."

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

No Comments

Leave a comment
Comment Information

Request Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response

Palm Beach Gardens Office
The Financial Center at the Gardens
3801 PGA Boulevard
Suite 600
Palm Beach Gardens, Florida 33410

Toll Free: 800-411-3434
Phone: 407-917-5005
Phone: (561) 328-1111
Fax: (561) 472-1568
Map & Directions

Wellington Office
Wellington Reserve
1035 South State Road 7
Suite 315
Wellington, Florida 33414

Toll Free: 800-411-3434
Phone: 407-917-5005
Fax: (561) 472-1568
Map & Directions

West Palm Beach Office
Phillips Point
777 South Flagler Drive
Suite 800
West Palm Beach, Florida 33401

Toll Free: 800-411-3434
Phone: 407-917-5005
Fax: (561) 472-1568
Map & Directions

Boca Raton Office
One Boca Place
2255 Glades Road
Suite 324A
Boca Raton, Florida 33431

Toll Free: 800-411-3434
Phone: 407-917-5005
Fax: (561) 472-1568
Map & Directions