Calculation of alimony was recently discussed by the Florida Court of Appeal in a case captioned Reyes v. Fernandez. The court stated that permanent alimony is intended to provide for the needs and the necessities of life of the former spouse, as they were established during the course of their marriage. The two primary factors are the needs of the recipient spouse and the ability of the payor to provide the required funds.
Imputation of alimony was recently discussed by the Florida Court of Appeal in a case captioned Frerking v. Stacy. In this case, the former wife appealed a trial court's decision that denied her request for permanent alimony and imputed income to her. The parties were married for nineteen years. The Florida Court of appeal pointed out that permanent alimony is intended to provide for the needs and necessities of life as they were established during the course of the marriage. Permanent alimony is presumed to be appropriate after a long-term marriage. A marriage that lasts seventeen years or more is considered to be a long-term marriage. A trial court errs when it fails to award permanent alimony where there has been a long-term marriage, unless the presumption favoring this award is overcome by competent substantial evidence.