In a recently decided alimony case captioned Hua v. Tsung, the husband filed an action for divorce. The parties were married for 17½ years. The Husband and wife were in their early forties. The Husband was the primary breadwinner and wife was a homemaker and stay-at-home mother. The Husband owned several businesses during the marriage. The Husband owned part of a restaurant. The Husband also allegedly owned shares in a company named DSC Holdings Limited. At the time of the divorce, the husband lived with a new girlfriend and their two minor children in Brazil. The Wife lived in Broward County, Florida, and took care of the parties’ minor children. During the marriage, the wife and the husband received generous gifts from the husband’s parents. The husband’s father bought them a home in California. When the parties moved to Florida, the Husband’s parents bought them a home in Broward County. The Broward County home was valued between $650,000 to $700,000. The parties also bought a rental property. The parties’ comfortable lifestyle was due in large part to the Husband’s father. The wife earned no income.
The Court of Appeal stated that in awarding alimony, the trial court must first make a specific factual determination concerning whether one party has an actual need for alimony and whether the other party has the ability to pay alimony. After making these two factual determinations, the trial court must then determine what type of alimony to award. The alimony statute sets forth several factors for the trial court to consider in choosing the type of alimony to award, including, but not limited to, the age of the parties, the duration of the marriage, the earning capacities of the parties, the financial resources of the parties, the employability of the parties, and the contribution of the parties to the marriage. A rebuttable presumption exists in the alimony statutes that a marriage lasting more than 17 years is a long-term marriage. An award of permanent alimony is appropriate after the dissolution of a long-term marriage.
To speak with an alimony attorney in Jupiter, Florida, contact Matthew Lane & Associates, P.A. at (561) 363-3400.