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.
A trial court can overcome the presumption that permanent alimony should be awarded by making detailed findings regarding a spouse’s ability to pay, the other spouse’s need, and considering all the relevant statutory factors. In Weininger v. Weininger the wife acquired her own assets during the marriage. She had an individual IRA and received a substantial award as a result of a lawsuit based on her father’s capture and death during the Bay of Pigs invasion. In contrast, her husband was forced to retire. The Florida Court of Appeal denied the wife’s request for permanent alimony based on the fact that the wife had a large amount of income from a trust, she received a significant equitable distribution, and she was educated and able to work. The Court found that the wife failed to prove that she had an actual need for money. In contrast, her husband was forced to retire. Accordingly, the Court denied the Wife’s request for alimony.
To speak with an alimony attorney, contact Matthew Lane & Associates, P.A. at (561) 328-1111.