Alimony in Jupiter, Florida

In making an alimony award, a court’s failure to make findings of fact relative to all of the statutory factors is reversible error. In Julia v. Julia, the Florida Court of Appeal recently stated: “[I]n imputing income to the Wife in the amount of $45,000 per year, the trial court neglected to make any findings with respect to whether the Wife’s unemployment at the time of the hearing was “voluntary,” nor did the court address the Wife’s evidence that she has been making “diligent and bona fide efforts to find employment.” See Durand v. Durand, 16 So. 3d 982, 985 (Fla. 4th DCA 2009) (quoting Leonard v. Leonard, 91 So. 2d 263, 265 (Fla. 1st DCA 2008)). This court has determined that both inquiries are necessary in imputing income and that”the spouse claiming income should be imputed to the unemployed or underemployed spouse bears the burden of showing both employability and that jobs are available.” Id. 

Sixth, the trial court failed to make the required findings to support its award of durational, rather than permanent, alimony. The trial court’s failure to make findings of fact relative to all the statutory factors for an alimony award is reversible error. See Ondrejack v. Ondrejack, 839 So. 2d 867, 870 (Fla. 4th DCA 2003). Although the trial court listed the statutory factors in the final judgment of support, it failed to list any factual findings relating to those factors or to the conclusion that the Wife has a need for alimony and the Husband has an ability to pay. This was an abuse of discretion that needs to be rectified on remand.”

To speak with a divorce attorney in Jupiter, Florida, contact Matthew Lane & Associates, P.A. at (561) 651-7273.

Archives

FindLaw Network