Imputation for purposes of alimony was recently decided by the Florida Court of Appeal in a case captioned Cura v. Cura. In Cura v. Cura, the Husband filed an appeal challenging an order awarding temporary alimony and child support. After a seventeen year marriage, the husband and wife separated. When the parties separated they were living at the husband's mother's home in Palm Beach County, Florida. The wife obtained her own residence and filed for divorce. She sought an award of temporary alimony and child support. During the course of the marriage, the parties enjoyed a lavish lifestyle. Immediately before the filing for divorce, the parties sold a valuable piece of property. The husband then sold a second piece of property. Finally, the husband took out a large mortgage on a third piece of property. The husband also sold a number of investments.
Alimony
In an alimony case that was recently decided by the Florida Court of Appeal the Florida Court of Appeal stated that permanent alimony can be awarded to provide for the recipient's needs, as they were established during the course of the marriage, if the recipient lacks the ability to meet his or her financial needs after the parties are divorced. In Weininger v. Weininger the Florida Court of Appeal stated that in a long-term marriage there is a rebuttable presumption that permanent alimony should be awarded. A long-term marriage is a marriage having a duration of 17 years or more. The party that is seeking an award of alimony has the burden to prove the payor's ability to pay and the payee's financial need.
