In awarding alimony, the trial court is required to consider 10 factors. These are: the payee’s need and the payor’s ability to pay in light of the standard of living established during the marriage, the length of the marriage, the age and the physical and emotional condition of the parties, the financial resources of the parties, the time necessary for either party to receive training and education to find employment, each party’s contribution to the marriage, responsibilities for minor children, the tax consequences of an alimony award, each party’s sources of income, and any other factor necessary to dispense justice between the parties. The Florida Court of Appeal recently held in a case captioned Badgley v. Sanchez. In this case, the husband challenged a final judgment of divorce which granted the wife a 60/40 distribution of the parties’ assets and liabilities and awarded the wife durational alimony for a period of 54 months. The husband challenged the 60/40 distribution and the alimony award.
The court held that the 60/40 distribution was not supported by adequate factual findings and that the alimony award was not supported by adequate factual findings.
In reaching this decision, the Court of Appeal held that the trial court must make findings of fact regarding each of the alimony factors listed above. The failure to consider all of these factors in awarding alimony is reversible error. The trial court is required to look to the parties’ net incomes in assessing need and ability to pay. Alimony awards should be based on current existing circumstances, and not on possibilities likely but as yet unrealized.
If you have questions about alimony in Boynton Beach, Florida contact Matthew Lane & Associates, P.A. at (561) 651-7273.