CopyCited 2268 times | Published | Supreme Court of Florida
...ds of the wife."
356 So.2d at 860. Finally, the district court concluded that the award of attorney's fees was improper because the wife had the ability to pay for the services of her attorney. We reject each of these holdings by the district court. Section
61.08, Florida Statutes, authorizes the trial judge to: grant alimony to either party, which alimony may be rehabilitative or permanent in nature....
...perty interest of a spouse. See Ball v. Ball,
335 So.2d 5 (Fla. 1976); Eakin v. Eakin ; Heath v. Heath . In granting lump sum alimony, the trial court should be guided by all relevant circumstances to ensure "equity and justice between the parties." §
61.08, Fla....
CopyCited 120 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 280
...While reduction to present value may often best ensure an equitable distribution of property, we cannot say it would do so in every case. As in calculating an award of alimony or maintenance, "[t]he court may consider any other factor necessary to do equity and justice between the parties." § 61.08, Fla....
CopyCited 63 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2891417
...court erred in failing to value certain marital property when making the equitable distribution determination. She argues that these findings are statutorily required and that therefore the trial court's failure to include them is reversible error. Section
61.08, Florida Statutes (2004), sets forth the factors for a trial court to consider in determining a proper award of alimony. "The statute requires the trial court to include findings of fact *1264 relative to the . . . factors" set forth in the statute. Milo v. Milo,
718 So.2d 343, 344 (Fla. 2d DCA 1998); see §
61.08(1), Fla. Stat. "Failure to include findings of fact as required by section
61.08 is reversible error." Farley v....
..."Failure to include the statutorily required findings of fact makes appellate review of the distribution scheme difficult, if not impossible, and requires reversal." Id. Here, the judgment does not contain any factual findings regarding the alimony factors. See § 61.08(2)(a)-(g)....
...Valley Oak Homeowners' Ass'n at the Vineyards, Inc.,
891 So.2d 1063, 1065-66 (Fla. 2d DCA 2004); Bayer v. Global Renaissance Arts, Inc.,
869 So.2d 1232, 1232 (Fla. 2d DCA 2004). We have not, however, held that an order which lacks a finding required under section
61.08 or
61.075 is fundamentally erroneous simply by virtue of the technical deficiency in the trial court's findings....
..."[T]he two primary considerations in the award of permanent alimony are need and ability to pay. As to the need, the court must consider the standard of living enjoyed during the marriage and each party's age, health, and earning ability. " O'Connor v. O'Connor,
782 So.2d 502, 503 (Fla. 2d DCA 2001) (emphasis added). Section
61.08(2)(g) specifically requires consideration of "[a]ll sources of income available to either party." The trial court thus must consider the "ability [of the party seeking alimony] to contribute to her own support." O'Connor,
782 So.2d at 504; see also Shrove v....
...Shrove,
724 So.2d 679, 682 (Fla. 4th DCA 1999) ("As to the imputation of income to the [spouse seeking alimony], the amount of income a spouse [seeking alimony] may be able to earn is a factor the court should consider in determining an alimony award." (citing §
61.08(2)(d), (g), Fla....
CopyCited 61 times | Published | Supreme Court of Florida
...rida appellate courts. Article V, Section 3(b)(3), Florida Constitution. Here there is none. The trial court had the responsibility to exercise its discretionary authority to consider all facts necessary to do equity and justice between the parties. Section 61.08(2), Florida Statutes (1974)....
CopyCited 53 times | Published | Florida 1st District Court of Appeal
...the concept of rehabilitative alimony. Rehabilitative means the restoration of property that has been lost. The concept of rehabilitative alimony appeared in the statutory scheme of this state in 1971 when the legislature made a major change in F.S. § 61.08. The salient provisions are: "61.08 ......
...ay with permanent alimony, but it specifically authorized either rehabilitative or permanent alimony and provided: "In determining a proper award of alimony, the court may consider any factor necessary to do equity and justice between the parties." [Section 61.08(2), Florida Statutes] The legislature made little change in the law relating to alimony other than to add (or we might say to suggest) rehabilitative alimony in proper cases and to authorize the grant of alimony to either spouse....
CopyCited 49 times | Published | Florida 4th District Court of Appeal | 2003 WL 1038986
...and, thereafter, $715.80 per month. Finally, the husband was ordered to pay the wife's reasonable attorney's fees and costs, excluding her accountant's fee. II. THE TRIAL COURT ERRED BY NOT CONSIDERING ALL OF THE APPROPRIATE STATUTORY FACTORS UNDER SECTION 61.08(2), FLORIDA STATUTES, AS A PREDICATE TO AWARDING PERIODIC REHABILITATIVE ALIMONY RATHER THAN PERMANENT ALIMONY....
...However, "[w]here a trial judge fails to apply the correct legal rule ... the action is erroneous as a matter of law." Kennedy v. Kennedy,
622 So.2d 1033, 1034 (Fla. 5th DCA 1993). In the instant case, the trial court erred by not considering all of the appropriate statutory factors under section
61.08(2), Florida Statutes, as a predicate to awarding periodic rehabilitative alimony rather than permanent alimony. Section
61.08(1), Florida Statutes (2002) mandates that the court include findings of fact relative to the factors enumerated in subsection 2....
...was impossible for the court to assess the reasonableness of the permanent alimony award); Medlin v. Medlin,
656 So.2d 528 (Fla. 4th DCA 1995)(reversing award of lump sum alimony where judgment considers some but not all of the factors listed under
61.08(2)); Kennedy,
622 So.2d at 1033 (holding that the trial court erred in its application of the law when it failed to consider all of the statutory factors). Here, the final judgment indicates the trial court considered some but not all of the appropriate factors. The final judgment read in part: In accordance with Florida Statute Section
61.08(2), the court makes the following findings regarding the request of the Wife for alimony: A....
CopyCited 46 times | Published | Florida 4th District Court of Appeal
...Moreover, in Oliver, it would appear that the misconduct was gross, for the wife claiming alimony was all the time drunk, repeatedly threatened to kill her husband and made no effort whatever to keep house. The Oliver court permitted such testimony to be considered by the chancellor below on the basis of Florida Statute § 61.08(2) (1975), which says: In determining a proper award of alimony, the court may consider any factor necessary to do equity and justice between the parties....
CopyCited 45 times | Published | Florida 2nd District Court of Appeal | 2008 WL 80224
...Wife to satisfy the equitable distribution award was "in the nature of support" and that "same shall be non-dischargeable in any bankruptcy proceeding." This provision must be stricken for two reasons. First, after analyzing the factors set forth in section 61.08, the trial court specifically denied the Wife's claim for alimony, finding that this was a short-term marriage, that the Wife was in generally good physical and emotional condition, and that the Wife had presented no testimony or other evidence concerning the need for alimony....
CopyCited 43 times | Published | Florida 4th District Court of Appeal
...ard of the entire marital dwelling to the wife. CROSS and OWEN, JJ., concur. NOTES [1] For example, Section 9 of House Bill 17C, amending F.S. Section
61.071, F.S.A., permits either party to claim alimony pendente lite; Section 10, which amends F.S. Section
61.08, F.S.A., permits the court to grant alimony to either party; under Section 15, amending F.S....
CopyCited 42 times | Published | Supreme Court of Florida | 1989 WL 33245
...The principal issue before this Court is whether a party obligated to pay alimony may be ordered to maintain life insurance as security for the alimony award without limiting the insurance obligation and the payment of insurance proceeds to accrued alimony arrearages. Section 61.08(3), Florida Statutes (1985), which governs this situation, provides: *1154 To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance poli...
...In this case, the wife is concerned that if the husband passed away before the minor child reached majority, she would have the financial burden of providing for herself and the child, as well as satisfying a $50,000.00 mortgage. [1] She argues that section 61.08(3) should be interpreted to protect against that type of situation, in addition to arrearage. The statute is ambiguous and subject to both reasonable interpretations. Section 61.08(3) does not expressly limit the protection to include only arrearage, nor does it expressly extend protection beyond arrearage....
...onstrued and applied to further those purposes. §
61.001(1), Fla. Stat. (1985). This preamble sets the tone for how the judiciary should interpret the provisions of chapter 61. Therefore, we find the spirit of this act supports a broader reading of section
61.08(3) than that given by the district court. Accordingly, we hold that section
61.08(3), Florida Statutes (1985), permits the trial court, as an integral part of the equitable distribution and support scheme, to order an obligated spouse to purchase life insurance or other security to protect the financial well being of the other spouse, as well as any arrearage owing from alimony obligations....
...beneficiary. In this case the insurance company would pay the proceeds to the wife upon the death of the husband. Neither the husband nor his estate would be obligated to make any payments to the wife. Thus, the concern that a broad construction of section
61.08(3) would permit postmortem alimony is unfounded. Fiveash,
523 So.2d at 765; Clark,
509 So.2d at 365. We therefore hold that section
61.08(3) permits the trial court to order an obligated *1155 spouse, as an integral part of the equitable distribution and support scheme, to purchase life insurance or other security either to satisfy arrearages or to otherwise protect the receiving spouse in appropriate circumstances....
...to the trial court for proceedings consistent with this opinion. It is so ordered. OVERTON, McDONALD, SHAW, BARKETT and GRIMES, JJ., concur. EHRLICH, C.J., concurs specially with an opinion. EHRLICH, Chief Justice, concurring specially. I agree that section 61.08(3), Florida Statutes (1985), should not be read restrictively to permit the trial court to order an obligated spouse to purchase life insurance only to secure payment of arrearages in alimony....
...What would be unacceptable, in my view, would be for the trial court to equitably distribute the marital assets, order the payment of alimony, and then order the obligated spouse to purchase life insurance over and above that amount. I would therefore hold that section 61.08(3) permits the trial court to order an obligated spouse, as an integral part of the equitable distribution and support scheme, to purchase life insurance or other security either to satisfy arrearages or to otherwise protect the receiving spouse in appropriate circumstances....
CopyCited 41 times | Published | Florida 4th District Court of Appeal | 1998 WL 130021
...ngs required by section
61.075(3)). Upon remand, the trial court is directed to specifically identify and equitably distribute the parties' marital liabilities. III. THE TRIAL COURT ABUSED ITS DISCRETION IN ITS AWARD OF PERMANENT ALIMONY TO THE WIFE Section
61.08(1), Florida Statutes (1993), directs the trial court to "include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony." Although the court's final *987 judgment tracked the language of section
61.08(2) in discussing the factors it considered, it failed to make findings of fact relative to those factors....
...In the absence of sufficient factual findings concerning the statutory factors, it is impossible for this court to assess the reasonableness of the permanent alimony award. See Benters v. Benters,
655 So.2d 1243, 1244 (Fla. 5th DCA 1995)(court required to make sufficient findings of fact relative to statutory factors in section
61.08(2) to support permanent alimony award); Woodard v....
CopyCited 41 times | Published | Supreme Court of Florida
...ourt. First, the District Court found that the award of $100,000 in the form of lump sum alimony to Mrs. Bosem in addition to substantial periodic alimony represented an abuse of discretion on the part of the trial judge. We cannot agree. Fla. Stat. § 61.08, F.S.A....
CopyCited 37 times | Published | Florida 5th District Court of Appeal | 1993 WL 274013
...The issue in this case, simply stated, is whether the trial court erred in its decision to equalize the parties' incomes under the facts of this case. We find that it did and reverse. The record in the instant case shows that the trial judge felt that consideration of the first two factors enumerated in section 61.08(2) i.e., the standard of living established during the marriage and the duration of the marriage required that he equalize the incomes of the parties, not simply as a discretionary matter but as a legally obligatory one....
...the action is erroneous as a matter of law. This is not an abuse of discretion. The appellate court in reviewing such a situation is correcting an erroneous application of a known rule of law. Canakaris at 1202. Although the effective date of the amendment to section 61.08(1) (which specifically requires the findings of fact) was July 1, 1991, it applies to this case since the final judgment was not rendered until August, 1991....
...Kennedy made minimal, at best, contributions to the education of her husband; Mr. Bujarski, through his income, was the sole support of Mrs. Bujarski while she received both a bachelor's and a master's degree. It appears, therefore, that under the section 61.08(2) factors, an equal division of income in Bujarski would be far more appropriate than in Kennedy....
...SHARP, J., concurs. DIAMANTIS, J., dissents, with opinion, in which W. SHARP and GRIFFIN, JJ., concur and in which GOSHORN, J., concurs in result. COBB, Judge, concurring and concurring specially. I concur with the majority opinion. The provisions of section
61.08(1) and (2), Florida Statutes (1991) require findings of fact by the trial court relative to the enumerated factors set forth in subsection (2) thereof. Clearly, the trial judge in this case did not comply with that requirement. Contrary to Judge Diamantis' dissenting opinion, the requirement for factual findings imposed on a trial judge by the 1991 legislation in section
61.08(1) cannot be ignored by merely citing to the broad discretion afforded a trial judge by the 1980 opinion of the Florida Supreme Court in Canakaris v. Canakaris,
382 So.2d 1197 (Fla. 1980). We recently reversed a judgment awarding permanent alimony because of the trial judge's failure to comply with section
61.08, and remanded for appropriate findings of fact. See Moreno v. Moreno,
606 So.2d 1280 (Fla. 5th DCA 1992). Judge Diamantis joined in that opinion, even though the issue was not raised by the appellant. This court should consistently apply the mandate of section
61.08 to all appeals, not merely to some of them on an ad hoc basis....
...THOMPSON, Judge, concurring specially. I agree with the majority that this case should be remanded to the trial court for findings of fact and an entry of an amended final judgment of dissolution consistent with the trial court's findings of fact. See section
61.08(2), Florida Statutes (1991). I only write separately to clarify two points. First, the findings of fact should be in writing. I see no distinction in the practical impact between section
61.08(2) and section
61.075(3)....
...ts course and the value of the parties' estates. (emphasis added).
382 So.2d at 1201-1202. I submit, further, the trial court's statements in the record indicate it considered appropriate economic factors in making an alimony award as are set out in section
61.08(2), although the requirement to make *1039 findings in the 1991 statute is not applicable to this case....
...have reached the conclusion it did. That strikes me as untenable. If governed by the statute, the trial court need only consider the factors listed which are "relevant", plus "any other factor necessary to do equity and justice between the parties." § 61.08(2), Fla. Stat. (1991). Here, the trial judge orally, and on the record, considered (a), (b), (d), (f) and (g) of section 61.08(2), although he made no formal "findings." I find no error in this regard in this case because of the effective date of the statute....
...dded). That statement reflects our recognition that the discretionary authority granted trial judges in dissolution matters is necessary because such cases are not susceptible to fixed patterns. Walter,
464 So.2d at 540. The legislature, by enacting section
61.08(2), Florida Statutes (1991), has also recognized the broad discretion which trial courts possess in awarding alimony....
...ributed to each party, and all sources of income available to either party. The statute further provides that the trial court "may consider any other factor necessary to do equity and justice between the parties." Clearly, the legislative mandate of section
61.08 reaffirms the ruling in Canakaris. See Canakaris,
382 So.2d at 1201-1202. A majority concludes that the trial court's award of permanent alimony is improper because the court failed to apply all of the factors set forth in section
61.08 and to make the requisite findings of fact....
...court by appellant. On appeal, appellant only contends that the trial court abused its discretion in awarding alimony. In any event, the trial court specifically considered and made findings on the record as to factors (a), (b), (d), (f), and (g) of section 61.08(2)....
...s that the trial court was aware of the statute and, if the trial court considered those two factors relevant, it would have made specific findings relative thereto. [2] Additionally, this case was tried *1044 in June 1991, prior to the amendment to section 61.08(1), effective July 1, 1991, which requires trial courts to make "findings of fact relative to the factors enumerated in [section 61.08(2)]." § 61.08(1), Fla....
...5th DCA 1988). This makes alimony nothing less than an annuity giving one spouse an interest in the other spouse's income up to the amount necessary to assure equal incomes. This is not the traditional concept of alimony nor is it consistent with Canakaris nor section 61.08....
...e of a thirty-year marriage, who worked her husband's way through college, then stayed home to care for the home and raise children and then enter the job market only after the children were old enough to care for themselves. The factors mandated by section 61.08(2) would indicate that there should be a difference....
...She said: "I felt like I wanted to stay home and he wanted me to stay home." She received almost all the $15,000 buy out owed her from Pan Am. She put it into their joint savings and they spent a substantial amount for living expenses, and split the balance after the dissolution. [3] The effective date of section
61.08(1) is July 1, 1991. This case was tried prior to that date. [4] Although no cases have specifically spoken to the retroactive application of section
61.08(1) and (2), in Larrauri v. Larrauri,
584 So.2d 31, 32 (Fla. 3d DCA 1991), decided July 2, 1991 (one day after the effective date of section
61.08(1) and (2), the third district affirmed that portion of a judgment which awarded alimony based on consideration of the factors set forth in Canakaris v. Canakaris,
382 So.2d 1197 (Fla. 1980) and in section
61.08(1). Also analogous is section
61.075 which has been applied only prospectively. [5] See Bujarski v. Bujarski,
530 So.2d 953 (Fla. 5th DCA 1988) (Sharp, W., J., dissenting). [1] Section
61.08(2) provides in pertinent part:
61.08 Alimony....
...to, services rendered in homemaking, child care, education, and career building of the other party. (g) All sources of income available to either party. The court may consider any other factor necessary to do equity and justice between the parties. § 61.08(2), Fla. Stat. (1991). [2] Section 61.08(1), Florida Statutes (1991), does not specifically require that these findings be set forth in the final judgment; therefore, oral findings made on the record are sufficient....
...elative to the distribution of marital assets and liabilities in a contested dissolution action. §
61.075(3), Fla. Stat. (1991) (emphasis added). But see Jacques v. Jacques,
609 So.2d 74 (Fla. 1st DCA 1992) (requiring written findings of fact under section
61.08(1) without discussing the distinction between the two statutes). [3] The final judgment was entered on July 13, 1991, nunc pro tunc to June 14, 1991. The judgment was recorded in August 1991. The husband, in his motion for rehearing, did not request specific findings under section
61.08(1)....
CopyCited 35 times | Published | Supreme Court of Florida | 11 Fla. L. Weekly 325
...with Claughton v. Claughton,
344 So.2d 944 (Fla. 3d DCA 1977), and Escobar v. Escobar,
300 So.2d 702 (Fla. 3d DCA 1974), both of which explicitly dealt with that issue. Our discussion in Williamson of Escobar centered on the proper interpretation of section
61.08(1), Florida Statutes (1973), which provided, in relevant part: The court may consider the adultery of a spouse and the circumstances thereof in determining whether alimony shall be awarded to such spouse and the amount of alimony, if any, to be awarded to such spouse....
...court to refuse to consider the adultery of a non-alimony seeking spouse when this evidence is offered by an alimony seeking spouse solely to obtain or increase an award of alimony.
367 So.2d at 1018. Claughton involved the proper interpretation of section
61.08(2), Florida Statutes (1975), which permits the trial court to "consider any ......
...ry appeal. Before the district court, the husband, relying on Escobar, contended that he should not be required to answer the questions as he was not the spouse seeking alimony. Id. at 945-46. The district court rejected this argument, and held that section 61.08(2) was applicable to the case as it would be a "manifest injustice" to allow the husband to utilize section 61.08(1) as a defense to the payment of alimony based on the wife's single affair, while the husband's activities "went unnoticed." Id....
...ay.... [A]limony is not a weapon to be used solely to punish an errant spouse.
367 So.2d at 1018. See also Claughton,
344 So.2d at 946; Escobar,
300 So.2d at 703. We candidly acknowledge that although Florida has a so-called no-fault divorce system, section
61.08(1) does appear to retain a vestige of fault by allowing the trial court to consider the adultery of an alimony-seeking spouse....
CopyCited 31 times | Published | Florida 2nd District Court of Appeal
...[2] In truth, the concept does little more than articulate that which the courts have long been attempting to do otherwise through the device of lump sum alimony, payable in installments, by which device also the courts have often settled property rights. [3] Section 61.08, F.S....
CopyCited 31 times | Published | Florida 1st District Court of Appeal | 1994 WL 7456
...An equal distribution of the marital assets will not, based upon the parties' current situations, fully provide for Ms. Zeigler's well-being. In making a determination of whether or not to award alimony the Court has considered all the statutory factors required pursuant to Florida Statutes § 61.08....
...In determining whether to award permanent periodic alimony, the court must consider the needs of the spouse requesting the alimony and the ability of the other spouse to make alimony payments. Adams v. Adams,
604 So.2d 494, 495 (Fla. 3d *54 DCA 1992). In accordance with section
61.08, Florida Statutes, the criteria to be used in making this determination include earning ability, age, health, duration of the marriage, and the value of the parties' estate....
CopyCited 31 times | Published | Florida 2nd District Court of Appeal | 1997 WL 154284
...ent's needs were not met by initial award due to payor's then-existing financial inability to meet those needs). Mr. Ritter also argues that the final judgment is legally insufficient because it fails to make specific factual findings required under section 61.08(2)(a)-(g), Florida Statutes (1993), supporting the award of alimony to the wife....
...We disagree. We first note that Mr. Ritter stipulated that his wife was entitled to an award of permanent, periodic alimony; only the amount of the award was in dispute. The husband correctly points out that the court must make the required findings under section 61.08(2). § 61.08(1), Fla.Stat....
CopyCited 29 times | Published | Supreme Court of Florida
...itioner suggests. In Escobar, the District Court of Appeal, Third District, affirmed a trial court's ruling refusing to hear testimony about the husband's alleged adultery from a wife *1018 seeking alimony. The district court's decision was based on section 61.08(1), Florida Statutes (1973), which, in pertinent part, provided: The court may consider the adultery of a spouse and the circumstances thereof in determining whether alimony shall be awarded to such spouse and the amount of alimony, if any, to be awarded to such spouse....
...uestions from his wife about his alleged adulterous activities. In that case, however, the husband had previously charged the wife with adultery in an attempt to defeat her request for alimony. The district court held that, under such circumstances, section 61.08(2), Florida Statutes (1975), which permits a trial judge to "consider any factor necessary to do equity and justice between the parties" in determining a proper alimony award, requires that a spouse seeking alimony be allowed to offer evidence of the adultery of the spouse not seeking alimony in defense or mitigation of his or her own alleged adulterous conduct. We agree with the analysis of the District Court of Appeal, Third District. The legislature has expressly provided in section 61.08(1), Florida Statutes (1975), that a trial court may consider evidence of adultery in determining a proper award of alimony. This section permits, but does not require, a trial judge to consider evidence of adulterous activities by a spouse seeking alimony as a mitigating defense to an award of alimony and the amount thereof. Likewise, we concur that section 61.08(2) requires, as a matter of equity, that a trial judge who does consider evidence of adulterous activity by a spouse seeking alimony must also consider evidence of adulterous conduct by the spouse not seeking alimony in mitigation or defense of the conduct of the spouse seeking alimony....
...Therefore, it would be manifestly unfair for one spouse to be allowed to defend against an alimony claim by charging the other spouse with adultery when the spouse not seeking alimony may be equally guilty of the same misconduct. Although we construe section 61.08, Florida Statutes (1975), to permit, and in some instances require, the consideration of evidence of adulterous conduct in a proceeding to determine a proper alimony award, it must be remembered that the primary standards to be used in...
...marital misconduct of the parties would be a step backward to the days of threats and insinuations which plagued our courts before our no-fault system was enacted and would be directly contrary to express legislative policy. Therefore, we hold that section 61.08(2), Florida Statutes (1975), which permits a trial court to consider "any factor to do equity and justice between the parties," does not permit a court to conduct an inquiry into every aspect of the marital conduct of the parties as a matter of course....
...Today we hold only that where an analysis of the need of one spouse and the ability of the other to pay demonstrates that both parties will suffer economic hardship as a result of any division of available resources the court might make, the court may then consider, as an equitable circumstance under section 61.08(2), Florida Statutes (1975), any conduct of either party which may have caused the difficult economic situation in which they stand before the court....
CopyCited 28 times | Published | Florida 5th District Court of Appeal | 1994 WL 106575
...ital asset. We reverse. *783 It might well be that permanent alimony is appropriate in this case; it is impossible, however, to determine that from the Final Judgment the trial court entered. The only consideration of the seven factors enumerated in section 61.08(2) made by the trial court were that the parties had been married for ten years and that their "standard of living" had been "supported in large part by the husband's income." This analysis falls far short of the legislative directive t...
...rity opinion in *784 Kennedy v. Kennedy,
622 So.2d 1033 (Fla. 5th DCA 1993), rev. granted,
634 So.2d 625 (Fla. 1994), from which I dissented but am obliged to follow, requires that a trial court make findings concerning all the factors enumerated in section
61.08(2), Florida Statutes (1993), and that this court will reverse any award of alimony if all of the factors are not given explicit consideration....
...incomes of the parties for a period of four years prior to separation, and the trial court's judgment reflects that there were two children born of the marriage. On remand, the trial court should specifically address all seven factors enumerated in section 61.08(2) and may consider, pursuant to the statute, "any other factors necessary to do equity and justice between the parties." I agree with the majority that on remand the trial court is not precluded from awarding alimony....
CopyCited 28 times | Published | Florida 4th District Court of Appeal | 1999 WL 17921
...to the wife and in imputing too much income to him by inclusion of his bonuses. As to the imputation of income to the wife, the amount of income a spouse may be able to earn is a factor the court should consider in determining an alimony award. See § 61.08(2)(d) & (g), Fla....
...4th DCA 1994). Nevertheless, we hold that the trial court did not err in including the husband's bonuses in the calculation of his income. Section
61.30(2)(a)1 requires the inclusion of bonuses in a spouse's income for purposes of child support, and section
61.08(2)(g) requires the consideration of all sources of income available to either spouse in the computation of an award of alimony....
CopyCited 27 times | Published | Supreme Court of Florida | 2000 WL 1707166
...The district court affirmed the award and held that "Florida law does not recognize a species of alimony entitled `savings alimony,'" but that in determining the amount of permanent alimony, trial courts "may properly consider a `savings component' if the evidence shows it to be a relevant economic factor pursuant to subsection
61.08(2), Florida Statutes (1995)." Mallard,
750 So.2d at 43....
...Zeigler,
635 So.2d 50 (Fla. 1st DCA 1994). Thus, the alimony award should permit each party to enjoy the prior lifestyle of the marriage, given the availability of financial resources, another major factor. See Laz v. Laz,
727 So.2d 966 (Fla. 2d DCA 1998). Among section
61.08(2)'s suggested relevant economic factors are the "financial resources" of the parties and " any other factor necessary to do equity and justice between the parties." By using such broad language, the legislature intended the trial court to consider the totality of the parties' economic lifestyle....
...App.4th 1926, 10 Cal.Rptr.2d 225, 228 (1992). [3] The alimony award fashioned by the trial judge in this case recognized the totality of the parties' lifestyles and, as required by statute, "any other factor necessary to do equity and justice between the parties." § 61.08(2), Fla....
...In Boyett, this Court interpreted the equitable distribution statute and, in particular, the statutory definition of marital assets pursuant to section
61.075(5)(a), Florida Statutes (1993). In this case, we are considering the separate question of the interpretation of the alimony statute, specifically section
61.08(2), Florida Statutes (1995), and the policy implications of allowing the couple's savings pattern to be considered as part of the parties' lifestyle in calculating alimony....
CopyCited 27 times | Published | Florida 2nd District Court of Appeal | 1996 WL 629807
...oing so. See §
61.075(1)(a)(j), Fla.Stat. (1993). The award of alimony to Mrs. Harreld in the present final order suffers from the same lack of factual findings. A trial court "shall include findings of fact relative to the factors enumerated in [section
61.08(2)] supporting an award or denial of alimony." §
61.08(1), Fla.Stat....
CopyCited 27 times | Published | Florida 3rd District Court of Appeal
...[4] This ruling does not disturb the husband's obligation for the appellant's college expenses which is properly treated as a well justified award of rehabilitative alimony, in addition to the permanent award required by our decision. See Garrison v. Garrison,
351 So.2d 1104 (Fla. 4th DCA 1977); §
61.08, Fla....
CopyCited 27 times | Published | Supreme Court of Florida
...just the spouses. For example, the wife in the present action seeks damages for her alleged improper commitment. The commitment, in turn, is directly related to the custodial dispute and the wife's ability to care for her child. Consider, too, that section 61.08, Florida Statutes (1977), directs the trial judge in a dissolution proceeding to consider "the physical and emotional condition of the spouse" in determining the appropriate amount of alimony support....
...ding spouse to pay the necessary medical expenses not covered by insurance and the judge's authority to consider any permanent injury, disfigurement, or loss of earning capacity caused by an intentional tort in establishing appropriate alimony under section 61.08, particularly that provision which provides "the court may consider any other factor necessary to do equity and justice between the parties." For the reasons expressed, we approve the decision of the district court of appeal in this case....
...39 (1894); McCurdy, Personal Injury Torts Between Spouses, 4 Vill.L.Rev. 303 (1959); McCurdy, Torts Between Persons in Domestic Relation, 43 Harv.L.Rev. 1030 (1930); Williams, The Legal Unity of Husband and Wife, 10 Mod.L.Rev. 16 (1947); Woodward, Legal Evolution of Married Woman, 61 Alb.L.J. 213 (1900). [4] See §§ 61.08, .09, .11, .13, Fla....
CopyCited 25 times | Published | Supreme Court of Florida | 2005 WL 2230403
...Chapter 61 governs dissolution of marriage, support, and child custody proceedings. In evaluating the amount of alimony, where applicable, the trial court is instructed to consider and make findings regarding, inter alia, "[a]ll sources of income available to either party." § 61.08(2)(g), Fla. Stat. (2004). [7] In addition, the trial court must consider the "financial resources of each party," § 61.08(2)(d), Fla. Stat. (2004), and may consider "any other factor necessary to do equity and justice between the parties." § 61.08(2), Fla....
...Volusia County,
679 So.2d 729, 730 n. 1 (Fla.1996) (stating that the doctrine of in pari materia requires courts to construe related statutes together so that they are harmonized). *1230 We conclude that construed together, sections
61.046(7),
61.30(2)(a)(3),
61.08(2)(g),
61.30(6), and
61.16(1), reflect legislative intent that trial courts consider only that portion of a spouse's income that is available to the spouse. In fact, both section
61.08(2)(g), which concerns alimony, and section
61.30(6), which concerns child support, expressly refer to income that is available to a spouse. See §
61.08(2)(g) (stating that the trial court is to consider "all sources of income available to either party") (emphasis supplied); §
61.30(6) (stating that the trial court is to consider the parties' "combined monthly available income") (emphasis supplied)....
...This conclusion is consistent with our observation in Rosen v. Rosen,
696 So.2d 697, 700 (Fla.1997), that "proceedings under chapter 61 are in equity and governed by basic rules of fairness." See also §
61.011, Fla. Stat. (2004) ("Proceedings under this chapter are in chancery."). In fact, section
61.08(2) expressly allows a trial court to "consider any factor necessary to do equity and justice between the parties" when determining whether alimony is appropriate....
CopyCited 25 times | Published | Florida 1st District Court of Appeal | 1999 WL 560268
...The statute governing the various options relating to alimony requires the trial court to include findings of fact relative to "all relevant economic factors," including "[a]ll sources of income available to either party" and "any other factor necessary to do equity and justice between the parties." § 61.08, Fla....
CopyCited 24 times | Published | Florida 2nd District Court of Appeal
...The Wife's relative youth was the first reason cited by the trial court. At the time of the final hearing, the Wife was only 32. The age of each party is one of the statutory factors that must be considered as supporting an award or a denial of alimony. § 61.08(2)(c), Fla....
...The trial court used an incorrect legal standard in reaching its decision to deny the Wife's claim for permanent alimony. In addition, except as mentioned in the three rationales reviewed above, the trial court failed to make specific findings concerning the various factors listed in section 61.08(2)....
...Therefore, we reverse this aspect of the final judgment, and we remand this case with directions for the trial court to reconsider the evidence presented at the final hearing and revisit the question of the Wife's entitlement to permanent alimony. As noted, the pertinent inquiry when applying the factors of section 61.08(2) to the parties' short-term marriage is whether there would be any genuine inequity created by the dissolution of the marriage without permanent alimony, or, to define the inquiry further, whether the Wife is without the means of self-support as a result of anything that has transpired during the marriage....
...03, but the Husband shall receive a credit against such award for the amount of all "bridge the gap" alimony payments received by the Wife. In any event, the trial court shall make specific findings of fact concerning each of the factors outlined in section 61.08(2) in order to facilitate appellate review of the ruling on permanent alimony....
...Life Insurance The Wife argues that the trial court should be instructed on remand to order the Husband to obtain a policy of life insurance to secure payment of any alimony that may be awarded to her. Trial courts may require that alimony awards be secured by life insurance on the life of the payor spouse. § 61.08(3); Sobelman v....
CopyCited 22 times | Published | Florida 3rd District Court of Appeal
...and justice. Hartzell v. Hartzell,
434 So.2d 353 (Fla. 4th DCA 1983). In doing so, the trial court should consider the husband's education in arriving at the distribution of other assets and in determining the propriety and/or amount of alimony. See Section
61.08(2)(f). [1] Reversed and remanded. NOTES [1] Section
61.08 ......
CopyCited 22 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 10015, 2010 WL 2695646
...Nelson,
721 So.2d 388, 388 (Fla. 4th DCA 1998); Reynolds v. Reynolds,
668 So.2d 245, 248 (Fla. 1st DCA 1996). When a marriage falls within the "gray area," a determination of entitlement to permanent alimony is based on a review of the factors set forth in section
61.08(2), Florida Statutes....
...See Zeigler v. Zeigler,
635 So.2d 50, 54 (Fla. 1st DCA 1994) (citing Gregoire v. Gregoire,
615 So.2d 694 (Fla. 2d DCA 1992); Ghen v. Ghen,
575 So.2d 1342 (Fla. 4th DCA 1991)). Here, the final judgment sets forth findings concerning the factors listed in section
61.08(2)(a)-(g)....
...pport for these findings. As a result, since the final judgment is presumed correct and the permanent *251 alimony award is not facially erroneous, we affirm that award without further discussion. The court also awarded bridge-the-gap alimony. While section 61.08, Florida Statutes (2009), does not specifically provide for this form of alimony, every district court of appeal in Florida, except for this Court, has expressly recognized it....
...In Price , Judge Lawson, writing for the Court, concisely set forth the legal theories that support bridge-the-gap alimony: As for the legal authority to make a "bridge-the-gap" temporary alimony award, we see at least three compelling arguments for reading section 61.08 as providing trial judges with discretion to make such an award in appropriate cases....
...In summary, Borchard explains why it is clear that lump-sum alimony can be ordered in "installments, to help one spouse adjust financially to life after marriage."
730 So.2d at 749. The third argument, though not as precise, is just as compelling. In section
61.08, Florida Statutes, the Legislature has expressly directed trial courts to consider all factors necessary to do "equity and justice between the parties." It would be contrary to this language to hold that in a short-term marriage where one spouse has the ability to pay and the other has a compelling need for short-term support to transition into single life, section
61.08 must be construed narrowly as depriving the trial court of authority to make the needed short-term award.
951 So.2d at 60. While each of these views has its merits, we need not determine which view should prevail. We need only conclude that "section
61.08 is properly read as granting trial courts the discretion to award a short-term alimony award ......
CopyCited 21 times | Published | Florida 4th District Court of Appeal | 2005 WL 2219160
...Given former husband's occupation as an airline pilot who flies regularly on international trips to Europe and South America and the increased threats associated with flying since the September 11, 2001 attacks, former wife demonstrated a need for protection. See § 61.08(3), Fla....
CopyCited 21 times | Published | Florida 3rd District Court of Appeal | 1995 WL 539671
...Meek,
591 So.2d 1044 (Fla. 1st DCA 1991); Lewis v. Lewis,
569 So.2d 1342 (Fla. 1st DCA 1990), review denied,
581 So.2d 165 (Fla. 1991). Finally, we also reverse the court's denial of the former wife's request for alimony. The court did not make the findings required in section
61.08(1), Fla....
CopyCited 21 times | Published | Florida 5th District Court of Appeal | 1996 WL 354655
...The record supports a finding that the former wife needed rehabilitative alimony paid periodically even though it was mislabeled "transitional alimony" by the former husband during trial. By placing only the issue of amount and duration before the trial court, the parties have stipulated to the findings of fact required by section 61.08, Florida Statutes (1993)....
CopyCited 21 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22927241
...The final judgment does not contain any findings of fact regarding the former wife's needs or give any indication as to how the court arrived at the amount of alimony it awarded. Nor can we discern from the record how the trial court arrived at the amount it awarded. Failure to include findings of fact as required by section 61.08, Florida Statutes (2000), is reversible error....
CopyCited 20 times | Published | Florida 2nd District Court of Appeal | 2004 WL 573847
...Without the required findings of fact, we cannot adequately review the equitability of the lump sum alimony award. If the lump sum alimony was awarded for support, the final judgment remains deficient for a lack of statutorily required findings of fact. Pursuant to section 61.08(2), Florida Statutes (2002), in determining a proper award of alimony the court shall consider all relevant economic factors, including the marital standard of living, the duration of the marriage, the age and condition of each party, t...
...Without these statutorily required findings, this court cannot conduct an adequate review of the alimony award, and failure to include such findings is reversible error. Farley v. Farley,
800 So.2d 710 (Fla. 2d DCA 2001). In this case, the final judgment does not contain any findings regarding section
61.08 factors other than the duration of the marriage....
CopyCited 20 times | Published | Florida 2nd District Court of Appeal | 1999 WL 128625
...installments, to help one spouse adjust financially to life after marriage. Like any other award of alimony, the trial court's decision to use such lump sum alimony must be a reasoned, discretionary decision compatible with the factors delineated in section 61.08(2), Florida Statutes (1997)....
...ransition to being a single mom." There is no question that Mr. Borchard has the ability to pay this alimony and Mrs. Borchard needs this money. The only issue is whether the trial court had the authority to make this award. We conclude that it did. Section 61.08, Florida Statutes (1997), is the statutory authorization for alimony....
...Thus, the case law in which lump sum alimony actually functions as a form of equitable distribution is of little or no value. Because the legislature has continued to give judges the power to order lump sum payment of permanent or rehabilitative alimony in section
61.08 after creating section
61.075, the legislature must intend for lump sum payments to have a function separate and apart from equitable distribution....
...1st DCA 1991), Mattera v. Mattera,
629 So.2d 1106 (Fla. 4th DCA 1994). If lump sum alimony were only used as a tool of support and not as a method to distribute assets, much of this confusion would disappear. [4] When equitable distribution was created, the factors in section
61.08(2) were amended to require the judge to consider the distribution of assets and liabilities when determining alimony. See ch. 88-98, § 2, Laws of Fla.; §
61.08(2)(d), Fla....
CopyCited 20 times | Published | Court of Appeals for the Eleventh Circuit | 32 I.E.R. Cas. (BNA) 994, 2011 A.M.C. 1819, 2011 U.S. App. LEXIS 15658, 2011 WL 3207771
...added).
There plainly is no evidence that FMT and Able Body contemplated BBC
exercising authoritative control over Langfitt.
Second, as Langfitt concedes, FMT had the right to terminate Langfitt’s
employment with FMT. See Larson, supra, § 61.08[1], at 61-22 (“The power to
fire ....
CopyCited 20 times | Published | Supreme Court of Florida | 2005 WL 851010
...Acker's argument that the trial court's decision is in conflict with a correct application of this Court's decision in Diffenderfer. Rather, we approve the Third District Court of Appeal's opinion in respect to Diffenderfer and the court's application of sections
61.075 and
61.08, Florida Statutes....
...o do equity between the parties. Canakaris v. Canakaris,
382 So.2d 1197, 1202 (Fla.1980). This discretionary authority is guided by the specific considerations provided by the Legislature. We agree with the Third District that in sections
61.075 and
61.08, Florida Statutes, the Legislature provided the guidelines that courts are to follow in determining an equitable distribution of marital property and in determining whether to require a reasonable amount of alimony....
...d on his financial situation after equitable distribution, not before. Similarly, the needs of the wife in this case should be based on her financial situation after equitable distribution, not before. That would include her income from the pension. Section
61.08(2)(d), Florida Statutes (1997), requires trial courts to consider, when fashioning awards of alimony, "all relevant economic factors, including but not limited to: ... the financial resources of each party, the non-marital and the marital assets and liabilities distributed to each." Section
61.08(2)(g) requires the court to consider "all sources of income available to either party." Lauro,
757 So.2d at 524-25....
...considered by the court when determining Mr. Acker's continued ability to pay alimony. The resolution of this issue is controlled by Florida's equitable-distribution and alimony statutes. See §§
61.075, Fla. Stat. (2003) (equitable distribution);
61.08, Fla....
...The question then becomes whether such benefits, after they are distributed *392 and once they begin to produce a stream of income, can be considered as a source of funds reflecting the pension-receiving party's ability to pay alimony. This question is answered by section 61.08(2), which provides that "[i]n determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to ... [t]he financial resources of each party, [including]... the marital assets ... distributed to each[, and] ... [a]ll sources of income available to either party." § 61.08(2)(d), (g), Fla....
...Contrary to New Jersey, Florida's statutory scheme expressly provides that among the relevant economic factors to be considered in fashioning an appropriate amount of alimony are "[t]he financial resources of each party, [including] ... the marital assets ... distributed to each, " § 61.08(2)(d), Fla. Stat. (2003) (emphasis added), and "[a]ll sources of income available to either party." § 61.08(2)(g), Fla....
...r counsel, and Florida courts have relied thereon for almost twenty years. Moreover, the Third District, in Acker, asserted that its discussion of Diffenderfer was merely "academic" because the Legislature subsequently enacted sections
61.075(8) and
61.08(2) of the Florida Statutes in 1988, which effectively superseded this Court's Diffenderfer holding. See Acker,
821 So.2d at 1091-92. The majority here approves the Third District's application of sections
61.075(8) and
61.08(2). See majority op. at 389. However, as recognized by Judge Gersten in his dissent in Acker below, with which I totally agree, Florida's equitable distribution statute (section
61.075) and alimony statute (section
61.08) do not at all conflict with this Court's Diffenderfer holding....
...See Acker,
821 So.2d at 1094-95 (Gersten, J., dissenting). Judge Gersten noted in his dissent *398 that "[c]onsiderations in the initial dissolution proceedings are distinct from those raised in a post-dissolution scenario." Id. at 1095. While sections
61.075 and
61.08 pertain to initial dissolution proceedings, here we are faced with a post-dissolution action. Sections
61.075 and
61.08 are not controlling here and the generalizations contained therein do not even attempt to address the specific true issue with which we are confronted in this case....
...(8) The court may provide for equitable distribution of the marital assets and liabilities without regard to alimony for either party. After the determination of an equitable distribution of the marital assets and liabilities, the court shall consider whether a judgment for alimony shall be made. [2] Section 61.08, Florida Statutes (1993), provided in pertinent part: (1) In a proceeding for dissolution of marriage, the court may grant alimony to either party which alimony may be rehabilitative or permanent in nature....
...4th DCA 1990) ("[I]n [ Diffenderfer ], the supreme court held that a pension... may be considered as a source of marital property subject to equitable distribution or as a source of payment of alimony but not as both."). [4] The fact that this is a post-dissolution modification proceeding does not affect the application of section 61.08(2)....
...In this case, that burden would fall on Mr. Acker. But if the court finds that the prerequisites are met, the court must then determine to what extent the alimony award should be increased or decreased. This determination must be made in accordance with section 61.08(2)....
CopyCited 19 times | Published | Florida 5th District Court of Appeal | 2001 WL 43014
...Alimony Wife argues that the trial court erred in denying her request for permanent periodic alimony, in failing to set forth findings of fact as to the denial of permanent periodic alimony, and in awarding rehabilitative alimony absent any evidence related thereto. Section 61.08 of the Florida Statutes (1999) states that in all dissolution actions the court shall include findings of fact relative to the following factors to support its award or denial of alimony: 61.08 Alimony. * * * (2) In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to: (a) The standard of living established during the marriage....
CopyCited 19 times | Published | Florida 4th District Court of Appeal
...ersa. See Roffe v. Roffe,
404 So.2d 1095 (Fla. 3d DCA 1981); Ingram v. Ingram,
379 So.2d 955 (Fla. 1980). As to the standards to be used to effectuate equitable distribution, the court in Canakaris contented itself with quoting the last paragraph of Section
61.08, Florida Statutes (1979) which says: The court may consider any other factor necessary to do equity and justice between the parties....
...We are apparently now holding equitable distribution to be a totally new vehicle, but I am not at all certain how it differs from the "more traditional" concepts of alimony and special equities. Strangely, the guidelines suggested by the majority opinion are a simple reference to Section 61.08, Florida Statutes (1979), which is the statute governing awards of alimony....
CopyCited 19 times | Published | Florida 4th District Court of Appeal | 2003 WL 1877542
...the marriage, age and physical and emotional condition of the parties, financial resources of each party, time necessary to acquire sufficient education or training, contribution to the marriage, and all sources of income available to either party. § 61.08(2)(a)-(g), Fla....
CopyCited 18 times | Published | Florida 5th District Court of Appeal | 2004 WL 2479630
...alue them, and designate which spouse is entitled to distribution of each asset, supported by fact findings. This court has held in many cases, that unless the trial court makes the findings required by section
61.075(3) as well as those outlined in section
61.08(2), in granting or denying alimony awards, appellate review is defeated, and we must reverse and remand for the appropriate findings....
CopyCited 18 times | Published | Florida 5th District Court of Appeal | 1993 WL 452142
...respect to the values of the significant marital assets. [1] The absence of those findings frustrates meaningful appellate review and we must remand this case to the trial court for findings consistent with the requirements of sections
61.075(3) and
61.08(1), Florida Statutes (1991)....
...s. It involves a combination of such remedies as lump sum *1322 alimony, permanent periodic alimony, and exclusive use of property."), reversed,
583 So.2d 654 (Fla. 1991). We also note that a court may secure payment of alimony by appropriate means. §
61.08(3), Fla....
CopyCited 18 times | Published | Florida 3rd District Court of Appeal
...h. Calligarich v. Calligarich,
256 So.2d 60 (Fla. 4th DCA 1971); Jones v. Jones,
330 So.2d 536, 538 (Fla. 1st DCA 1976); Cann v. Cann,
334 So.2d 325, 328 (Fla. 1st DCA 1976). Lump sum alimony may be made payable in installments. Cann v. Cann, supra; Section
61.08, Florida Statutes (1975)....
...Cann, supra. Even where payable in installments, however, the lump sum is a fixed amount vested in the wife, and the husband's obligation to pay it has every element of finality. Yandell v. Yandell, supra, page 556. The award in this case is consistent with Section 61.08, Florida Statutes (1973), which provides in pertinent part that, "......
CopyCited 18 times | Published | Florida 5th District Court of Appeal | 2006 WL 846737
...Although an alimony award is not usually reversed absent an abuse of discretion, an award is erroneous as a matter of law where the trial judge fails to apply the correct rule. Ondrejack v. Ondrejack,
839 So.2d 867, 870 (Fla. 4th DCA 2003). "The trial court's failure to consider all appropriate factors under section
61.08(2) in determining alimony is such an error." Id. Section
61.08(1), Florida Statutes (2004), requires a court granting alimony to include fact-findings regarding relevant economic factors supporting the award....
CopyCited 18 times | Published | Florida 1st District Court of Appeal | 2001 WL 288696
...t until October 8, 2000. The former husband challenges the award of permanent periodic alimony, arguing that the trial court's failure to make any findings of fact on the statutory factors regarding entitlement to and amount of alimony enumerated in section 61.08, Florida Statutes, requires reversal....
...Here, however, appellant argues that the lack of a transcript is not fatal because reversible error is apparent from the face of the order on appeal. Specifically, he argues that this Court need not look beyond the face of the order on appeal because the trial court's failure to make factual findings pursuant to section 61.08(1), Florida Statutes, constitutes reversible error....
...indings" as to various aspects concerning identification and distribution of marital assets. See §
61.075(3)(a)-(d), Fla. Stat. (1993). We see no reason why an appellate court should not conduct a similar analysis of an award of alimony pursuant to section
61.08, Florida Statutes, which contains a similar requirement....
CopyCited 18 times | Published | Florida 4th District Court of Appeal | 1993 WL 74287
...written judgments, it knew how to say so. E.g., §
61.075(3), Fla. Stat. (1991) ("The distribution of all marital assets and marital liabilities, whether equal or unequal, shall include specific written findings of fact as to the following * * *."); §
61.08(1), Fla....
CopyCited 18 times | Published | Florida 5th District Court of Appeal | 1989 WL 34499
...Pan American Bank of Orlando,
384 So.2d 1258 (Fla. 1980); Gregg v. Gregg,
474 So.2d 262 (Fla. 3d DCA 1985); Mahan v. Mahan,
415 So.2d 146 (Fla. 2d DCA), rev. denied,
424 So.2d 762 (Fla. 1982); Eagan v. Eagan,
392 So.2d 988 (Fla. 5th DCA 1981). No such agreement exists in this case. However, section
61.08(3) provides: (3) To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets which may be suitable for that purpose. §
61.08(3), Fla....
...ut reverse and remand the equitable distribution of marital assets for reconsideration within the parameters of this opinion. We also direct that the trial court reconsider and revise its provision for life insurance so as to achieve compliance with section 61.08(3)....
CopyCited 17 times | Published | Florida 2nd District Court of Appeal | 2004 WL 2308889
...uring the twenty-one-month period of the pendency of the proceedings for dissolution of marriage. Nevertheless, the trial court made no findings concerning the sources and amount of the Husband's income during this critical time-frame as required by section 61.08, Florida Statutes (2001)....
CopyCited 17 times | Published | Florida 5th District Court of Appeal
...de of the marital relationship, most was commingled in a joint account and was used for living expenses. In granting lump sum alimony, the trial court should be guided by all relevant circumstances to ensure "equity and justice between the parties." § 61.08, Fla....
CopyCited 17 times | Published | Florida 3rd District Court of Appeal
...It *15 was unrelated either to the breakup of the marriage, or to any of the financial relationships and obligations between the parties with which this dissolution proceeding, in common with most, was really concerned. Of course, under the specific provisions of Section 61.08 Fla....
CopyCited 17 times | Published | Florida 2nd District Court of Appeal | 1998 WL 256695
...Compare Burrill v. Burrill,
701 So.2d 354 (Fla. 1st DCA 1997) (no such presumption arises for sixteen year marriage which is in grey area). A trial court is required to include findings of fact relative to the factors to consider in awarding or denying alimony. See §
61.08(1) and (2)....
CopyCited 17 times | Published | Florida 5th District Court of Appeal | 1990 WL 121
...In respect to alimony, the trial court held that the former wife's age, adverse physical and emotional condition, long absence from the work place, "and other factors" all showed that the former wife lacked the capacity for self-support. In respect to equitable distribution, the trial court considered the criteria in section 61.08, Florida Statutes (1987)....
CopyCited 17 times | Published | Florida 2nd District Court of Appeal | 2001 WL 109181
...The trial court acknowledged that if the parties had divorced before 1997, the wife would have been entitled to permanent periodic alimony because of the length of the marriage, the historical incomes of the parties, and the other factors set forth in section 61.08, Florida Statutes (1999)....
CopyCited 17 times | Published | Florida 5th District Court of Appeal | 2003 WL 553768
...In the instant case, the trial court failed to make any findings necessary to justify requiring the former husband to maintain his pre-existing life insurance policy. In Sobelman v. Sobelman,
541 So.2d 1153, 1154-55 (Fla.1989), the supreme court held that section
61.08(3) permits the trial court to order an obligated spouse to purchase life insurance or other security to satisfy arrearages or to otherwise protect the receiving spouse in appropriate circumstances....
...Accordingly, that standard will be applied. [1] The evidence indicated that she would have earned approximately $40,000 if she was working full-time. [2] The duration of the marriage is but one factor to be considered in determining whether an award of permanent alimony is appropriate. See § 61.08; Canakaris v....
CopyCited 16 times | Published | Florida 3rd District Court of Appeal
...eet the "reasonable" test. In exercising its broad discretion concerning whether to award lump sum or permanent periodic alimony, the trial court was required to consider all circumstances in order to insure "equity and justice between the parties." § 61.08, Fla....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal
...roperty. B. Alimony The trial court went on to award Mrs. Ruberg $18,000 in permanent monthly alimony. The final judgment contains an extensive discussion of the testimony adduced by the parties concerning the economic factors to be considered under section 61.08(2), Florida Statutes (2001), in determining alimony....
...While the final judgment discusses some of the alimony evidence presented by the partiesand the quality thereof-it does not make express factual findings as to Mrs. Ruberg's need to support the $18,000 award. The trial court thus failed to comply with the requirement of section 61.08(1), that "[i]n all dissolution actions[] the court shall include findings of fact relative to [the statutory factors] supporting an award or denial of alimony." A trial court's failure to make specific factual findings with regard to al...
...long as he is obligated to pay Mrs. Ruberg permanent alimony." Mr. Ruberg argues there is no basis for the life insurance requirement and that the payment of $1,000,000 at his death in essence requires him to continue paying alimony from the grave. Section 61.08(3) provides: To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with other assets which may be suitable for that purpose....
...We conclude that the requirements of the statute have not been met because the instant record contains nothing to establish that the $1,000,000 life insurance policy was "necessary to protect [the] award of alimony." In Sobelman v. Sobelman,
541 So.2d 1153, 1154-55 (Fla.1989), the supreme court held "that section
61.08(3) permits the trial court to order an obligated spouse, as an integral part of the equitable distribution and support schemes, to purchase life insurance or other security either to satisfy [arrears] or to otherwise protect the receivi...
...tomary in dissolution proceedings whenever periodic alimony is awarded. The presence of special circumstances is thus required to establish that the provision of life insurance or other security is "necessary to protect [the] award of alimony" under section 61.08(3)....
CopyCited 16 times | Published | Florida 5th District Court of Appeal | 2001 WL 1438466
...5th DCA 1984) (citing Kuvin v. Kuvin,
442 So.2d 203 (Fla.1983)). The husband argues that the wife is not entitled to an award of rehabilitative and/or permanent alimony because the final judgment failed to contain the express findings of fact required by section
61.08, Florida Statutes (2000). Section
61.08(1) requires the trial court to make findings of fact regarding the factors enumerated in subsection (2) supporting the award or denial of alimony....
...to, services rendered in homemaking, child care, education, and career building of the other party. (g) All sources of income available to either party. The court may consider any other factor necessary to do equity and justice between the parties. § 61.08(2), Fla....
...The Wife has shown a need to attend school so that she can obtain employment suitable to care for herself and Dylan. The Wife has the need for rehabilitative alimony and the Husband has the ability to pay same. This court has consistently held that a trial court's failure to make findings of fact, as required by section 61.08, constitutes reversible error....
CopyCited 16 times | Published | Florida 4th District Court of Appeal | 2006 WL 3077748
...We hold that the evidence supports the trial court's determination in this regard and leave it undisturbed. Turning, therefore, to the question of any amount that might be newly fixed, the trial judge held that he was not required to apply the criteria of section
61.08(2) to determine a modified amount of alimony. [2] In holding these criteria inapplicable, the trial judge said he thought it "inexplicable why, in a post-judgment modification proceeding, the court should once again consider many of the factors under section
61.08(2)." In Mirsky v. Mirsky,
474 So.2d 9, 9 (Fla. 5th DCA 1985), the Fifth District held that it was an abuse of discretion not to consider the section
61.08(2) criteria in determining the amount by which permanent alimony should be modified. We do not think this requirement incomprehensible. For one thing, it is apparent that the legislature has used specified "factors" or "circumstances" in chapter 61 to create standards governing the exercise of trial court discretion. These section
61.08(2) factors operate to direct and circumscribe all awards of alimony, thereby making outcomes more predictable. Nothing in any statute purports to eliminate these "relevant economic factors" when modifying alimony under section
61.14. Indeed section
61.08(2) specifies that it applies whenever the court is "determining a proper award of alimony" under the statute. [3] We therefore join the Fifth District in holding that all applicable section
61.08(2) factors must be considered in modification proceedings under section
61.14....
...determining what alimony is proper. [4] We interpret that command to recognize that some factors may not relate to the actual issues in a given case but the trial court should consider all those that are relevant to the facts and issues. Two of the section 61.08(2) factors seem always relevant in both an original award and any modification: (d) The financial resources of each party, the nonmarital and the marital assets and liabilities distributed to each....
...n the case. The opinion in Tinsley makes apparent that in spite of the sums the recipient gave to the children, the paying spouse had not shown that her needs had decreased by reason of any other incomethe essential difference in the present case. Section 61.08 makes clear that in determining any need for alimony, whether original or modification, the entire financial resources and income of the party seeking the award must be considered....
...Reversed and Remanded with Instructions. GUNTHER, J., and KRATHEN, DAVID H., Associate Judge, concur. NOTES [1] For prior entries, see Donoff v. Donoff,
777 So.2d 1078 (Fla. 4th DCA 2001), and Donoff v. Donoff,
691 So.2d 1091 (Fla. 4th DCA 1997). [2] §
61.08(2) Fla. Stat. (2005). [3] §
61.08(2) Fla. Stat. (2005). [4] §
61.08(2), Fla....
...Springstead thus remade the Phillippi holding into a statement of principle that the purpose to which the alimony is put is irrelevant. That is obviously not the holding in Phillippi. As here, such purposes could be relevant in determining whether the alimony claimant has a need for such assistance. [7] § 61.08(2)(a), Fla....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal | 1995 WL 96798
...A teaching income would provide only a small percentage of the income normally expended by this family during the last decade. See Steinberg,
614 So.2d 1127; Carr v. Carr,
522 So.2d 880 (Fla. 1st DCA 1988). Second, in assessing the sources of income available to the husband under section
61.08(2)(g), Florida Statutes (1993), the trial court determined that Dr....
...More important, the trial court assumed that she will convert a pension plan into an asset producing a present annual income of $50,000. When a party receives an asset in equitable distribution that will result in immediate investment income, we see no reason for that income to be excluded from consideration under section 61.08(2)(g)....
...of discretion to force Mrs. McLean to forego future security in order to support a present lifestyle. On remand, the trial court must award permanent alimony, and may also, if appropriate, award rehabilitative alimony, using the factors described in section 61.08 to determine the specific amount of such awards....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2668800
...d remand for the trial court to reconsider this issue. It is well-established that the trial court must determine each spouse's income for purposes of alimony and child support. See Pavese v. Pavese,
932 So.2d 1269, 1270 (Fla. 2d DCA 2006) (citing §§
61.08(2)(g), .30(2), Fla....
...Considering the circumstances here, including the Wife's disability, a permanent alimony award of only $400 per month would leave the Wife substantially unable to meet her basic needs. In addition, on remand the trial court must make the findings required by section 61.08(2), Florida Statutes (2005)....
CopyCited 16 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 1622
...While reduction to present value may often best ensure an equitable distribution of property, we cannot say it would do so in every case. As in calculating an award of alimony or maintenance, `[t]he court may consider any other factor necessary to do equity and justice between the parties.' § 61.08, Fla....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal
...This has been most notable in the area of the maintenance and support, traditionally seen as a duty only of the male partner to the marital contract. In 1971, almost a decade ago, the legislature saw fit to overhaul Chapter 61 by changing all references therein from "husband" and "wife" to "spouse" or "party." Section 61.08, Florida Statutes (1979), most significantly was amended to provide that the court could grant alimony to either party thus recognizing that in some instances the male partner may be unable to fund his necessaries, including hospitalization and medical expenses....
CopyCited 16 times | Published | Florida 3rd District Court of Appeal
...Bosem,
279 So.2d 863 (Fla. 1973); Lee v. Lee,
309 So.2d 26 (Fla. 2d DCA 1975). The so-called "no fault" divorce law enacted by the Florida Legislature in 1971, represents a significant, but not totally radical departure from the historic conception of alimony. Section
61.08, Florida Statutes (1975) provides as follows: "(1) In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be rehabilitative or permanent in nature....
CopyCited 15 times | Published | Florida 3rd District Court of Appeal | 56 U.S.L.W. 2203
...Accordingly, on remand, the trial court is to exercise its discretion in order "to do equity and justice between the parties" in such a way as to ensure both that Mr. Weisfeld is able to continue his occupation and that Mrs. Weisfeld is not plunged into misfortune. [4] § 61.08, Fla....
CopyCited 15 times | Published | Florida 5th District Court of Appeal
...We emphasize that any award made in this instance would be based on her equitable share of the assets resulting from her marital contribution rather than her need for support. (emphasis supplied).
393 So.2d at 1062. We find nothing in Canakaris that purports to abolish the use of lump sum alimony for support purposes. See section
61.08, Florida Statutes (1981)....
...able tool for support purposes, in addition to which it may also be used as a vehicle by which one spouse may be awarded an equitable share of the assets of the marriage resulting from his or her marital contribution. Using the criteria set forth in section 61.08, Florida Statutes (1981), [1] to determine *237 whether the trial court properly awarded the lump sum alimony award, it is important for the court to consider all relevant economic factors....
...COWART, J., concurs specially with opinion. COWART, Judge, concurring specially: I fully concur in Judge Orfinger's opinion. However, compare, and also see the cases cited in the dissent in Sanders v. Sanders,
435 So.2d 372 (Fla. 5th DCA 1983). NOTES [1] §
61.08 provides in part: (2) In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to: (a) The standard of living established during the marriage....
CopyCited 15 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 581, 1995 Fla. LEXIS 1953, 1995 WL 689537
...The court must be able to write down facts that prove this. When filled out, the financial affidavit shows the court what your bills are and how much money there is to pay them. The court must make specific, written findings of fact that address the factors listed in section 61.08, Florida Statutes, when granting or denying a request for alimony....
...____ The court will distribute the parties' pension/retirement benefits by a qualified domestic relations order which is attached. D. SPOUSAL SUPPORT (ALIMONY) THE COURT MUST MAKE SPECIFIC, WRITTEN FINDINGS OF FACT THAT ADDRESS THE FACTORS LISTED IN SECTION 61.08, FLORIDA STATUTES, WHEN GRANTING OR DENYING A REQUEST FOR ALIMONY. [ you must fill in 1 or 2 below] *1238 1. ____ The spousal support/alimony request is DENIED. The basis for denying this award pursuant to section 61.08, Florida Statutes is: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________...
...______________________________________________________________________ ____________________________________________________________________________ 2. ____ The spousal support/alimony request is GRANTED. The basis for granting this award pursuant to section 61.08, Florida Statutes is: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________...
...will distribute the parties' pension/retirement benefits by a qualified domestic relations order which is attached. D. SPOUSAL SUPPORT (ALIMONY) THE COURT MUST MAKE SPECIFIC, WRITTEN FINDINGS OF FACT THAT ADDRESS THE FACTORS LISTED IN SECTION *1250 61.08, FLORIDA STATUTES, WHEN GRANTING OR DENYING A REQUEST FOR ALIMONY. [ you must fill in 1 or 2 below] 1. ____ The spousal support/alimony request is DENIED. The basis for denying this award pursuant to section 61.08, Florida Statutes is: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________...
...______________________________________________________________________ ____________________________________________________________________________ 2. ____ The spousal support/alimony request is GRANTED. The basis for granting this award pursuant to section 61.08, Florida Statutes is: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________...
...________________________________________________________________ ___________________________________________________________________________ C. SPOUSAL SUPPORT THE COURT MUST MAKE SPECIFIC, WRITTEN FINDINGS OF FACT THAT ADDRESS THE FACTORS LISTED IN SECTION 61.08, FLORIDA STATUTES, WHEN GRANTING OR DENYING A REQUEST FOR ALIMONY. [ you must fill in 1 or 2 below] 1. ____ The spousal support/alimony request is DENIED. The basis for denying this award pursuant to section 61.08, Florida Statute is: ___________________________________________________________________________ ___________________________________________________________________________ _______________________________________________________________...
..._______________________________________________________________________ ___________________________________________________________________________ 2. ____ The spousal support/alimony request is GRANTED. The basis for granting this award pursuant to section 61.08, Florida Statute is: ___________________________________________________________________________ ___________________________________________________________________________ _______________________________________________________________...
...The contribution of either spouse to the marriage, including but not limited to, services rendered in homemaking, child care, education, or career building. g. All sources of income available to either party. h. Any other factor needed to be considered to do justice between the spouses. See section 61.08, Florida Statutes for more information....
CopyCited 15 times | Published | Florida 5th District Court of Appeal | 2005 WL 497271
...nity; however, the court may refuse to impute income to a primary residential parent if the court finds it necessary for the parent to stay home with the child. Unlike section
61.30(2)(b), the statutory provisions that govern alimony awards found in section
61.08, Florida Statutes (2003), do not specifically provide for imputation of income to a spouse. When determining whether to award alimony based on imputation of income to a spouse, some decisions advert to the provisions of section
61.08(2)(d) and (g), Florida Statutes (2003), which state that "the court shall consider all relevant economic factors," which include "[t]he financial resources of each party" and "[a]ll sources of income available to either party." See Tarnawski v....
...ate review impossible and requires reversal of the wife's award of permanent alimony and lump sum alimony.") (citations omitted); Parenteau v. Parenteau,
795 So.2d 1124 (Fla. 5th DCA 2001). [3] See Farley v. Farley,
800 So.2d 710 (Fla. 2d DCA 2001); §
61.08(1), Fla. Stat. (2003) (requiring the trial court to include findings of fact in the final judgment relative to the factors enumerated in section
61.08(2)); Smith v. Smith,
689 So.2d 1312 (Fla. 5th DCA 1997); Rausch v. Rausch,
680 So.2d 624, 624 (Fla. 5th DCA 1996) ("We vacate the alimony award because the dissolution judgment fails to include the specific findings of fact required under section
61.08(1), Florida Statutes (1993).").
CopyCited 15 times | Published | Florida 2nd District Court of Appeal
...all relevant economic factors be considered in determining an alimony award, including those specific factors listed in the statute, and to permit the trial judge to consider "any other factor necessary to do equity and justice between the parties." § 61.08, Fla....
CopyCited 15 times | Published | Florida 4th District Court of Appeal | 2005 WL 1750697
...mony and the ability of the other spouse to make alimony payments." Segall v. Segall,
708 So.2d 983, 987 (Fla. 4th DCA 1998) (citing Canakaris v. Canakaris,
382 So.2d 1197 (Fla.1980)). The trial court is required to consider the statutory factors of section
61.08(2), Florida Statutes, and the failure to consider these enumerated factors, or to make factual findings related to these factors, is reversible error....
...We have written in the past, specifically in Ondrejack, that an abuse of discretion standard is not appropriate where the trial judge fails to apply the correct legal standard, such as when "the trial court erred by not considering all of the appropriate statutory factors under section
61.08(2), Florida Statutes, as a predicate to awarding periodic rehabilitative alimony rather than permanent alimony."
839 So.2d at 870....
...to become self sufficient." Presumably, the trial judge's belief that the Former Wife would become self sufficient prevented her from receiving permanent periodic alimony. This is not *623 the standard for making a determination concerning alimony. Section 61.08(2), Florida Statutes, requires the trial court to consider, inter alia, the "standard of living established during the marriage." While "the parties' standard of living during the marriage is not a useful guide in awarding alimony where the parties lived beyond their means," see Cornell v....
CopyCited 15 times | Published | Florida 1st District Court of Appeal | 1996 WL 63231
...tion
61.30(6), Florida Statutes (1993), or else to make explicit findings of fact to support its downward deviation from the support guidelines and 2) to reconsider the issue of alimony and to make specific findings of fact in support of its ruling. §
61.08(1), Fla.Stat....
...ive alimony for twelve months, and in failing to award permanent alimony. We conclude that the final judgment is deficient for lack of explicit findings to support either the award of rehabilitative alimony or the failure to award permanent alimony. § 61.08(1), Fla....
...Like the 13-½-year marriage in Zeigler, the parties' 11-year marriage is neither short- nor long-term, "but rather falls in the grey area where a determination of entitlement to permanent alimony will be decided based upon a review of the other pertinent factors [set forth in section 61.08, Florida Statutes] without the benefit of a presumption in favor or against permanent alimony." Id....
...As in Zeigler, we remand for the trial court 1) to assess the appellant's prospects of approaching the marital standard of living, 2) to reconsider the denial of permanent alimony, and 3) to make the requisite findings of fact relative to the other statutory factors enumerated in section
61.08(2), Florida Statutes (1993). §
61.08(1); Collinsworth,
624 So.2d at 291 (award of rehabilitative alimony was legally deficient where final judgment lacked explicit findings to support the award); Zeigler,
635 So.2d at 53-55. In the event the lower court finds that only rehabilitative alimony is justified, then we direct it to make statutory findings in support of the amount and duration of such award. §
61.08(1); Collinsworth; Pardue v....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal | 2008 WL 373621
...The primary factors for the trial court to consider are the needs of one spouse and the ability of the other spouse to pay. Hann v. Hann,
629 So.2d 918, 920 (Fla. 2d DCA 1993). In determining need, the trial court was obligated to, and did, consider the factors in section
61.08(2), Florida Statutes (2005), as evidenced in the trial court's oral findings and written judgment....
CopyCited 15 times | Published | Florida 2nd District Court of Appeal | 2001 WL 1538833
...ay to the wife, (2) the amount of life insurance the husband should provide the wife for the purpose of securing payment of his alimony obligation, and (3) whether the wife was entitled to payment of her attorney's fees, suit money, and court costs. Section 61.08(2), Florida Statutes (1999), provides as follows: In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to: (a) The standard of living established during the marriage....
...ducation, and career building of the other party. (g) All sources of income available to either party. The court may consider any other factor necessary to do equity and justice between the parties. Failure to include findings of fact as required by section
61.08 is reversible error. Milo v. Milo,
718 So.2d 343, 344 (Fla. 2d DCA 1998); Rausch v. Rausch,
680 So.2d 624, 625 (Fla. 5th DCA 1996). In this case, the final judgment does not contain any findings regarding factors (a) to (f) as enumerated in section
61.08(2)....
...Accordingly, upon remand we direct the trial court to consider the tax implications of the alimony award. The wife's third argument is that the trial court erred in awarding her alimony which amounted to only 19% of the parties' income. Because the record does not contain findings of fact regarding the section 61.08(2) alimony factors, it is impossible to determine whether the trial court's award of alimony was error....
CopyCited 14 times | Published | Florida 2nd District Court of Appeal | 1998 WL 654178
...The husband appeals the final judgment of dissolution of marriage, raising numerous issues. The wife cross-appeals the denial of attorney's fees and the "reasonably available" condition of the life insurance provision. In his first issue, the husband claims the trial court failed to make findings of fact required by section 61.08(1), Florida Statutes (1995), to support the award of alimony....
...ach party; financial resources of parties, and assets and liabilities distributed to each; each party's contribution to the marriage; all sources of income of either party; and any other factor necessary to do equity and justice between the parties. § 61.08(2), Fla....
...e's needs and the husband's ability to provide for those needs. See Jacques v. Jacques,
609 So.2d 74 (Fla. 1st DCA 1992). We therefore remand this cause to the trial court to set forth findings of fact to support its alimony decision, as required by section
61.08(1)....
...easonably available, because there is no evidence in the record regarding the cost of that insurance. A court may order a party who is ordered to pay alimony to maintain a life insurance policy to the extent necessary to protect an award of alimony. § 61.08(3), Fla....
CopyCited 14 times | Published | Florida 3rd District Court of Appeal | 2003 WL 22240196
...an award of permanent alimony is appropriate. The factors to be considered include the parties' earning ability, age, education, the duration of the marriage, the standard of living enjoyed during its course and the value of the parties estates. See § 61.08(2), Fla....
CopyCited 14 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 10854, 2010 WL 2925098
...And we cannot predict, and this Court will not predict what will happen to the future of either [the Husband] or [the Wife's] employment. We note that the trial court's oral ruling on the alimony issue did not include findings concerning the factors listed in section 61.08(2), Florida Statutes (2006)....
...sband has the ability to pay the $4,000 per month retroactive to the date of filing. Thus the trial court failed to make the requisite findings of fact either in its oral pronouncement or in the written final judgment. 4. Analysis In accordance with section 61.08(1), a trial court is required to support its alimony determination by making specific findings of fact concerning the factors listed in section 61.08(2)(a)-(g)....
...The failure to make the required findings may constitute harmless error when appellate review is not hampered by their absence. Id. at 608. However, the trial court in this case has failed to make specific findings concerning the financial resources of the parties. § 61.08(2)(d)....
...limony."). For these reasons, we reverse the award of permanent periodic alimony and remand for the trial court to enter an amended final judgment. On remand, the trial court shall make specific findings concerning the statutory factors set forth in section 61.08(2)(a)-(g)....
...s ability to pay, Alpert v. Alpert,
886 So.2d 999, 1002 (Fla. 2d DCA 2004). Here, as with the permanent periodic alimony award, the trial court made no findings concerning the parties' incomes during the relevant eighteen-month period as required by section
61.08, nor did it make any specific findings supporting its conclusion that the Husband had the ability to pay....
CopyCited 14 times | Published | Florida 4th District Court of Appeal | 2013 WL 3811700, 2013 Fla. App. LEXIS 11589
...ablished during the marriage of the parties. Mallard v. Mallard,
771 So.2d 1138, 1140 (Fla.2000). To award permanent alimony, the trial court must determine that no other form of alimony is fair and reasonable under the circumstances of the parties. §
61.08(8), Fla....
...However, requiring a spouse to deplete capital assets in order to maintain his or her standard of living is improper. Hanks v. Hanks,
553 So.2d 340, 343 (Fla. 4th DCA 1989). An intermediate form of alimony called “durational alimony” may be awarded when permanent alimony is inappropriate. §
61.08(7), Fla....
...e for a set period of time following a marriage of short or moderate duration or following a marriage of long duration if there is no ongoing need for support on a permanent basis.” Id. This was a “moderate-term” marriage within the meaning of section 61.08(4), Florida Statutes (2011)....
...In a gray area or moderate term marriage, the disparate earning power of the parties is a significant factor in determining whether permanent or temporary support is appropriate. Wofford v. Wofford,
20 So.3d 470, 474 (Fla. 4th DCA 2009). As a “gray area” or “moderate-term marriage” under section
61.08(4), there is no presumption for or against permanent alimony....
CopyCited 14 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21697203
...ibution scheme without identifying any further justification for the uneven split of the marital assets. 2. Alimony. No spousal support was awarded to either party. The court noted that although it did not specifically discuss the factors set out in section 61.08, it had made adequate findings throughout the final judgment to formulate a basis for its decision to award no permanent periodic alimony....
...Feger made significantly greater contributions to the marriage based on her premarital financial situation and her postmarital physical, emotional, and financial sacrifices in the care of her husband, which helped him achieve very good results from his rehabilitation program. ALIMONY Section 61.08 authorizes a trial court to award permanent alimony. In doing so, a trial court is required to consider the factors set forth in section 61.08(2) and to make findings of fact....
...2d DCA 1998). In its order on rehearing the trial court considered the significant alteration of the parties' relationship caused by Mr. Feger's stroke and his precipitous and mysterious relocation, as well as the number of years of intact marriage. See §
61.08(2); Krafchuk,
804 So.2d at 379-80....
CopyCited 14 times | Published | Florida 1st District Court of Appeal | 2008 WL 59203
...al court must consider all relevant economic factors, including `[t]he financial resources of each party, the nonmarital and marital assets and liabilities *268 distributed to each,' and `[a]ll sources of income available to either party.'" (quoting § 61.08(2)(d), (g), Fla....
CopyCited 14 times | Published | Florida 1st District Court of Appeal | 1988 WL 2627
...ollege education, or, in its discretion, *956 to reconsider the propriety of awarding her permanent alimony. The wife additionally appeals the admission of certain testimony, introduced over her objection, relating to her alleged marital infidelity. Section 61.08(1), Florida Statutes, provides that adultery is relevant in determining whether to award alimony and its amount....
CopyCited 14 times | Published | Supreme Court of Florida
...Schwartz of Horton & Schwartz and Rose & Marlow, Miami, for appellee. THORNAL, Justice. By appeal we review a final decree of divorce and related relief whereby a chancellor passed directly on the validity of a state statute. Fla. Const. art. V, § 4(2) (1968), F.S.A. We must consider the validity of Fla. Stat. § 61.08 (1967), F.S.A....
...ome. The wife's claim for alimony was denied. Pending appeal but on his own motion the chancellor stayed that portion of the decree which awarded child custody and occupancy of the home to the father. Mrs. Pacheco attacked the validity of Fla. Stat. § 61.08 (1967), F.S.A....
...Appellant seeks reversal because of the decree sustaining the statute and because of alleged errors in granting the divorce to her husband, and in awarding to him permanent custody of the children and occupancy of the home. We consider first the claim that Fla. Stat. § 61.08 (1967), F.S.A....
...an adulterous wife, for there was no duty for a husband to support an adulterous wife. See, Johnson, Family Law, ch. 8 p. 188 (2nd ed. 1965), Woodward v. Dowse (1861) 10 C.B. (N.S.) 722; Hartley v. Hartley [1955] 1 W.L.R. 384. In enacting Fla. Stat. § 61.08, F.S.A....
...No other breach of the marital contract has received such universal condemnation. These are merely added aspects of the offense which support special legislative treatment and contribute additional justification for the decree sustaining the subject statute. We therefore find that § 61.08, is a valid exercise of the State's police power and does not contravene constitutional assurances of due process and equal protection....
..., which interest was not forfeited by her infidelity. See Heath v. Heath,
103 Fla. 1071,
138 So. 796, 797. A similar ruling is expressed in Foreman v. Foreman, Fla.,
40 So.2d 560. The unconditional denial of alimony to an adulterous wife provided in Section
61.08 Florida Statutes, F.S.A....
...that would deprive the wife of her equitable interest in the accumulated wealth of the husband and the custody of her children and all financial benefits. I therefore respectfully dissent. ERVIN, Chief Justice, dissenting: It appears to me that F.S. section 61.08, F.S.A., is unconstitutional insofar as it singles out all adulterous wives, as such, to be denied alimony no matter what the circumstances of the particular divorce case may be or what the economic needs of the divorced wife may be....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal | 1999 WL 770256
...certained whether the entire policy proceeds would be paid over to the appellee in the event of appellant's death or only so much as to compensate her for alimony arrearage. Either arrangement may be appropriate, but those terms must be certain. See § 61.08(3), Fla....
...benefits from such a policy beyond those *990 necessary to indemnify her for the unpaid alimony. [2] I am inclined to believe that the legislature did not anticipate that life insurance would play a role beyond indemnity for alimony when it enacted section
61.08(3), Florida Statutes. [3] I recognize, however, that the supreme court in Sobelman v. Sobelman,
541 So.2d 1153 (Fla.1989), decided that section
61.08(3), Florida Statutes (1985), was ambiguous and allowed a trial court to order a spouse to maintain a former spouse as a beneficiary on a life insurance policy for purposes other than securing alimony payments due at the time of the death of the payor....
...NOTES [1] Monthly support began at $650 per month and was raised to $800 per month and then finally to $900 per month. [2] In this sense, life insurance to secure alimony is similar to mortgage insurance or other forms of credit life insurance. See 44 C.J. S. Insurance § 240 (1993). [3] Section 61.08(3), Florida Statutes (1997), states: "To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure...
CopyCited 13 times | Published | Supreme Court of Florida
...challenged by appeal, the closing of an estate could be delayed for years causing much hardship to the executor and beneficiaries of the estate. However, the chancellor in equity armed with Florida Statutes, Section
61.14, and with Florida Statutes, Section
61.08 F.S.A., [2] allowing for payment of alimony in a lump sum and upon appropriate application by the personal representative of the estate may reexamine the alimony award and give consideration to the awarding of a lump sum in lieu of her...
...d. At the time that decision was rendered, the statutory provision providing for alimony upon decree of divorce, Florida Statutes, Section 65.08 (1963), which subsequently was only slightly modified by Ch. 67-254, Laws of Florida, (Florida Statutes, Section 61.08, 1967), F.S.A., stated, "Alimony upon decree of divorce....
...his (or her) estate, strict application of Aldrich would result in the sudden cutting off of the infirmed spouse's sole means of support. Even though the husband (or wife) leaves a vast estate, she (or he) would be left penniless. Florida Statutes, Section 61.08 (2) allows the trial judge to consider just such a situation and to alleviate the hardship that could result and to do equity and justice between the parties....
...he reduction of alimony or child support regardless of whether or not the party applying for it has fully paid the accrued obligations to the other party at the time of the application or at the time of the order of modification. [2] Florida Statute 61.08 F.S.A....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 2017
...Once permanent alimony has been awarded the amount may be modified by a showing of the petitioning party of a substantial change of circumstances. Under Florida's present statutory and case law, adultery is not a bar to the award of alimony but is merely a factor to be considered. § 61.08(1), Fla....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 1992 WL 322989
...The Husband appeals the award of permanent periodic alimony, contending that the trial court's failure to make findings of fact renders meaningful appellate review impossible. Effective July 1, 1991, the Florida Legislature added the following sentence to section 61.08(1), Florida Statutes (1991), the statute dealing with award of alimony: In all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony....
...hasis added). Baker v. Baker,
299 So.2d 138, 139 (Fla. 3d DCA 1974), cert. denied,
307 So.2d 186 (Fla. 1975). An appellant would be hard pressed to accomplish this task if the court enunciated no findings whatsoever, as in the instant case. Based on section
61.08(1), without some findings from the trial court, we are unable to review the final judgment. Accordingly, we vacate the final judgment of dissolution to the extent of the permanent periodic alimony award and remand this cause to the trial court for findings of fact as required by section
61.08(1), Fla....
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 17668, 2010 WL 4628309
...Geddes,
530 So.2d 1011 (Fla. 4th DCA 1988)). This court reviews alimony awards for an abuse of discretion. Ryan v. Ryan,
927 So.2d 109, 112 (Fla. 4th DCA 2006). In determining a proper award of alimony, a court must consider the factors set forth in section
61.08(2), Florida Statutes....
CopyCited 13 times | Published | Florida 2nd District Court of Appeal | 2002 WL 1343737
...ould be reduced by one-third as each *714 child reaches the age of eighteen. See Weiser v. Weiser,
782 So.2d 986, 987-88 (Fla. 4th DCA 2001). The final judgment also does not include the required findings of fact as to the economic factors listed in section
61.08(2), Florida Statutes (1997)....
...rital and marital assets and liabilities to the parties, and the contribution of each party to the marriage. See Obrenski,
817 So.2d 877. In a letter to counsel for the parties, the trial court indicated that it had taken into account the factors of section
61.08, but such a statement is insufficient to meet the statutory requirements....
...o which the former wife is entitled. We do not suggest that the trial court make a particular award, but it shall determine whether permanent or rehabilitative alimony is appropriate, and whether payment is to be periodic or by lump sum or both. See § 61.08, Fla....
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 2003 WL 21749401
...ntrol." Shrove v. Shrove,
724 So.2d 679, 682 (Fla. 4th DCA 1999). In determining whether to award alimony, the court should consider, inter alia, the financial resources of the parties and all sources of income available to each party. See id.; also §
61.08(2)(d) & (g), Fla....
CopyCited 13 times | Published | Florida 5th District Court of Appeal
...pport and assist the other in obtaining a professional degree. [1] If the majority decision becomes the prevailing law on this point, the young should take note: "Putting a spouse through" will become a remarkably poor personal investment. NOTES [1] § 61.08(2)(f), Fla....
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 1999 WL 1114756
...cient. In Walter v. Walter,
464 So.2d 538, 539 (Fla.1985), the court rejected the proposition that permanent alimony should be utilized "only upon a showing of lack of capacity for self-support and only as a last resort." Instead, and as codified in section
61.08(2), Florida Statutes (1997), the wife's capacity for self-support is only one factor to consider in whether to award permanent or rehabilitative alimony....
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 1994 WL 695533
...Casella,
569 So.2d 848, 849 (Fla. 4th DCA 1990). In determining the award of alimony, the court below properly considered all relevant factors, including the financial resources of the parties, and all sources of income available to either party. See §
61.08(d), (g), Fla....
CopyCited 13 times | Published | Florida 5th District Court of Appeal | 1994 WL 406143
...fore the final judgment was entered. We agree this cause should be remanded because the trial judge failed to make the fact-findings required by section
61.075(1). [1] Further, the court also failed to make findings concerning the factors set out in section
61.08(2) in denying an award of rehabilitative alimony to the former husband....
...lop potential supportive skills." Martin,
582 So.2d at 785, citing Canakaris v. Canakaris,
382 So.2d 1197 (Fla. 1980). Thus, on remand, the trial court may reconsider this issue, and in making a final ruling it should reference the factors listed in section
61.08(2)....
CopyCited 13 times | Published | Florida 1st District Court of Appeal
...Fitzwater, Fla.App. 1st 1974,
296 So.2d 74. *64 It was not our intention that any of the above cited opinions (nor any of our other opinions on the subject) be construed as disapproving permanent alimony under appropriate circumstances. Indeed, Florida Statute
61.08 specifically allows alimony, both rehabilitative and permanent....
...A fortiori, in the absence of a stipulation, appropriate evidence must be adduced and received. In this regard we quote with approval from Oliver v. Oliver, FlaApp. 4th 1973,
285 So.2d 638, wherein our sister court of the fourth district said: "* * * It is our view that Section
61.08(2): `(2) In determining a proper award of alimony, the court may consider any factor necessary to do equity and justice between the parties,' "is dispositive of the issue and correctly so....
...The equities, circumstances and the whole marital picture furnish and form the fabric from which the award is to be cut, and if the court limits itself solely to the economics of the matter, it deprives itself of valuable factors that may aid in doing justice to the problem. "The predecessor statute, Section 61.08, F.S. 1969, F.S.A., is not materially different from the current statute, 61.08(2), supra, as both provide for alimony based upon a consideration of equity and justice....
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 1991 WL 187294
...Duncan,
379 So.2d 949 (Fla. 1980). Therefore, we affirm the award of exclusive possession of the marital home. VI. HOME EQUITY LINE OF CREDIT The trial court's order prohibits Mr. Stefanowitz from incurring any further indebtedness under the home equity line of credit. Section
61.08(3), Florida Statutes (1989), provides that the trial court may secure an alimony award with any assets which may be suitable for that purpose....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 1992 WL 279948
...There is nothing in the record to support the contention that the trial court awarded permanent alimony as a punishment to the husband for his marital indiscretions. Evidence was taken on this issue, and the trial court considered it as it is entitled to do pursuant to section 61.08(1), Florida Statutes (1989)....
...Because of the reservation of jurisdiction, the husband may in the future move for relief from these obligations should circumstances dictate. Finally, the husband argues that the trial court abused its discretion by placing a lien on all of the husband's assets to secure the wife's awards. While section 61.08(3), Florida Statutes (1989) permits the trial court to order a lien on the property of a spouse to secure an alimony award, the trial court abuses its discretion by imposing an excessive lien....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 1998 WL 821797
...Zeigler,
635 So.2d 50, 54 (Fla. 1st DCA 1994). Here, the trial court found the former husband earns over $72,000 annually, and imputed an annual income of $12,000 to the former wife. The trial court examined each of the economic factors contained in section
61.08(2), Florida Statutes (1995)....
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 2000 WL 294558
...d on his financial situation after equitable distribution, not before. Similarly, the needs of the wife in this case should be based on her financial situation after equitable distribution, not before. That would include her income from the pension. Section 61.08(2)(d), Florida Statutes (1997) requires trial courts to consider, when fashioning awards of alimony, "all relevant economic factors, including but not limited to: ... the financial resources of each party, the non-marital and the marital assets and liabilities distributed to each." Section 61.08(2)(g) requires the court to consider "all sources of income *525 available to either party." The trial court's interpretation of Diffenderfer would be directly contrary to those statutory provisions....
...McLean,
652 So.2d 1178, 1181 (Fla. 2d DCA 1995), the second district observed: When a party receives an asset in equitable distribution that will result in immediate investment income, we see no reason for that income to be excluded from consideration under section
61.08(2)(g). The income from the pension equitably distributed to the wife here is no different than income produced by any other asset equitably distributed to a spouse. It must, under section
61.08, be considered in determining alimony, just as it is in determining child support....
...sidered as a source of payment of alimony after the husband retires and begins collecting his benefits." We are not sure that the above quote, which cited Diffenderfer, is a correct interpretation of Diffenderfer. It is arguably contrary to sections 61.08(2)(d) and 61.08(2)(g), Florida Statutes....
...We remind trial courts, however, that in Diffenderfer our supreme court emphasized that it was not "establishing inflexible rules that make the achievement of equity between the parties difficult, if not impossible." Diffenderfer,
491 So.2d at 269. It also pointed out that section
61.08(2)(g) provides that, in awarding alimony, courts, "may consider any other factor necessary to do equity and justice between the parties." [2] The husband next argues that the trial court erred in including the approximately $6,000 he receives annually in per diem pay when calculating his income....
...He testified that he had worked more in 1997 in order to avoid being at home because of marital problems and earned overtime which would not be available in the future because the employer had hired additional pilots. Section
61.30(2) requires the inclusion of bonuses in a spouse's income for purposes of child support, and section
61.08(2)(g) requires consideration of all sources of income in computing alimony....
CopyCited 12 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 2199, 2009 WL 127862
...edings addressing alimony. See Swain,
932 So.2d at 1216. The parties' 22-year marriage is considered "long-term," which raises a rebuttable presumption of entitlement to alimony. See Ondrejack v. Ondrejack,
839 So.2d 867, 870-71 (Fla. 4th DCA 2003). Section
61.08(2)(g), Florida Statutes (2005), which deals with alimony, requires the trial court to consider "all relevant economic factors," including "[a]ll sources of income available to either party" as well as "any other factor necessary to do e...
CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 2017 WL 1018486, 2017 Fla. App. LEXIS 3454
...however, as there was competent evidence that (a) the Former Husband was
employable but voluntarily remained unemployed, and (b) the Former Husband’s
gambling debts and misapplications of marital funds adversely affected the
family’s financial position and lifestyle. See § 61.08(2), Fla....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal
...nt of $10,000.00 as long as the wife remained unmarried. It is undisputed that the wife and Schoenfield are not married and that common law marriages are not recognized in either New Jersey or Florida. Moreover, under present Florida law, Fla. Stat. § 61.08, adultery is not always a bar to alimony but is simply a factor to be taken into consideration....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal
...the final judgment of divorce. This post decretal order of December 6, 1972 reads in part as follows: "3. Petitioner also petitions this Court to declare that the Wife's alimony be considered to be rehabilitative in nature as contemplated by F.S.A. 61.08(1)....
...l proceedings commenced on or after July 1, 1971." F.S. §
61.191(1) F.S.A. The parties in this cause were divorced in August 1968, almost three years prior to the enactment of the newly amended Florida Chapter 61. Pursuant to the then existing F.S. §
61.08 F.S.A....
...(which had no provision for rehabilitative alimony), appellant wife was awarded $1,500 monthly as permanent alimony and it was error for the court below to declare that the wife's alimony be considered to be rehabilitative in nature as contemplated by the present F.S. § 61.08(1) F.S.A....
CopyCited 12 times | Published | Florida 2nd District Court of Appeal
...from the legal duty to support her which he assumed when they married." Friedman v. Schneider, supra, at 421; Reese v. Reese,
178 So.2d 913, 915-16 (Fla. 3d DCA 1965), rev'd on other grounds,
192 So.2d 1 (Fla. 1966). That definition was supported by Section
61.08, Florida Statutes (1969), and its predecessor statutes, which provided for alimony to the wife only. That concept was abandoned by the legislature in 1971 when it amended Section
61.08 to provide for alimony "to either party" to do equity and justice between the parties....
...The concept of rehabilitative alimony is also a recent phenomenon of the same vintage and was provided to serve purposes distinct from those to be served by permanent alimony, although there may be some overlap in terms of "support". The term "rehabilitative alimony", when first authorized by Section 61.08(1) in 1971, appeared in the provision that "the court may grant alimony to either party, which alimony may be rehabilitative or permanent in nature....
...Moreover, rehabilitative alimony serves society's and the recipient spouse's interests by encouraging that spouse to become self-supporting. Finally, the fact that rehabilitative alimony may be awarded in addition to permanent or lump sum alimony, or both, Canakaris v. Canakaris, supra ; Cann v. Cann, supra ; Section 61.08(1), Fla....
...ess of accomplishing that rehabilitation within the time frame provided, takes a new spouse who has little or no means or ability to provide any financial support to the new marriage. [5] Where rehabilitative alimony has been awarded, as required by Section 61.08, "to do equity and justice between the parties," it does not seem to us that the statute intends that a trial court, when faced with this hypothetical situation, must then turn around and terminate the award merely because the receiving...
...[3] It is also interesting to note that the court stated that "[l]ump sum alimony is justified only where it serves a reasonable purpose, such as rehabilitation... .
334 So.2d at 328. See note 2 supra. [4] Permanent or rehabilitative alimony may be payable periodically or in a lump sum. See §
61.08, Fla....
...is. There, the court was referring to a type of alimony (not a method of payment) which may be awarded "to ensure an equitable distribution of property acquired during the marriage... ."
382 So.2d at 1201. This type of alimony is not provided for in §
61.08, but has been judicially created....
CopyCited 12 times | Published | Florida 5th District Court of Appeal
...Considering the husband's depressed financial condition, the length of the marriage, the age, education, conduct and substantial assets of the wife, the trial judge did not abuse his considerable discretion in awarding lump sum alimony payable periodically. § 61.08, Fla....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal
...Henry prayed that the court correct the alleged oversight and omission and, in the alternative, alleged that there had been a change in circumstances as a result of the remarriage of Eleanor and prayed that her alimony be modified by being terminated forthwith. In his amendment to the motion, Henry alleged that §
61.08 and §
61.14, Fla....
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 1998 WL 906592
...Alimony of $350 per month was instituted. Each side was ordered to bear its own attorney's fees and costs. We first address the failure of the trial court to secure the alimony award with either the life insurance policies or the annuity. Paragraph 61.08(3), Florida Statutes, provides: To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets which may be suitable for that purpose....
...the IRA between the parties. *283 Finally, we must reverse for the trial court's failure to make express findings of fact which would allow this court to weigh the propriety of awarding the wife only $350 per month permanent alimony, contrary to subsection 61.08(1)'s direction to do so. See § 61.08(1), Fla....
CopyCited 12 times | Published | Supreme Court of Florida | 1974 Fla. LEXIS 4040
...Furthermore, this erroneous reporting is clear and convincing evidence of the negligence in certain segments of the news media in gathering the news. Gertz v. Welch, Inc., supra. Pursuant to Florida law in effect at the time of the divorce judgment (Section 61.08, Florida Statutes), a wife found guilty of adultery could not be awarded alimony....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 2007 WL 2481667
...Section
61.14(1)(b)(1) permits the trial court to reduce or terminate alimony if a "supportive relationship" exists, but it provides no guidance to the trial court concerning how to exercise its discretion should it decide to do so. Other courts have required the trial court to apply the provisions of section
61.08(2), which lists the factors the trial court must consider when determining an award of alimony, when modifying alimony under section *956
61.14....
...Bagley,
948 So.2d 841, 841 (Fla. 1st DCA 2007). As the Donoff court explained, [I]t is apparent that the legislature has used specified "factors" or "circumstances" in chapter 61 to create standards governing the exercise of trial court discretion. These section
61.08(2) factors operate to direct and circumscribe all awards of alimony, thereby making outcomes more predictable. Nothing in any statute purports to eliminate these "relevant economic factors" when modifying alimony under section
61.14. Indeed, section
61.08(2) specifies that it applies whenever the court is "determining a proper award of alimony" under the statute. Donoff,
940 So.2d at 1223. Our review of the applicable statutes leads us to agree with the First, Fourth, and Fifth Districts that section
61.08(2) applies to modification proceedings under section
61.14(1)(b). Despite the legislature's stated intent, nothing in section
61.14(1)(b) states that section
61.08(2) is inapplicable. Accordingly, on remand, the trial court must consider evidence on all of the factors listed in section
61.08(2) in determining whether to reduce or terminate the Former Wife's alimony and, if to reduce it, by how much....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 1996 WL 581929
...Donald Rausch appeals the final judgment dissolving his marriage to Terri Rausch, claiming that the trial court erred in awarding Terri rehabilitative alimony and attorneys' fees. We vacate the alimony award because the dissolution judgment fails to include the specific findings of fact required under section 61.08(1), Florida Statutes (1993). In all other respects, the final dissolution judgment is affirmed. Section 61.08(1) states that, "in all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony." [1] The failure to comply with this statutory duty req...
...Here, although evidence concerning the statutory factors was presented by the parties, the dissolution judgment must *625 be reversed because no findings of fact were set forth therein. We are aware that there are ever increasing demands being placed on the trial bench and that the requirements of section 61.08 are somewhat burdensome. Nevertheless, compliance with the statute is essential in order to ensure that litigants have access to meaningful appellate review. In this regard, without proper findings of fact, a reviewing court is unable to determine the weight given the section 61.08(2) factors, and more importantly, whether the factors were even considered....
...s that the trial court set forth findings of fact supporting the award of alimony. In all other respects, the final dissolution judgment is affirmed. AFFIRMED in PART; VACATED in PART; and REMANDED. PETERSON, C.J., and DAUKSCH, J., concur. NOTES [1] Section 61.08(2) of the Florida Statutes (1993) provides: § 61.08(2) Alimony.- * * * * * * (2) In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to: (a) The standard of living established during the marriage....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 1997 WL 731454
...ar gifts in determining income for purposes of child support. In regard to alimony, the statute provides that the court "shall consider all relevant economic factors, including but not limited to...." All sources of income available to either party. § 61.08(2)(g), Fla....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 1991 WL 70856
...the wife's request for permanent periodic alimony. In determining whether to award rehabilitative or permanent periodic alimony upon dissolution, the trial court is free to consider any factor necessary to do equity and justice between the parties. § 61.08(2), Fla....
...The standard of living established during the marriage, the husband's superior financial resources, the wife's poor health, and the devastating effects the husband's addictions have had on the marital resources weigh heavily in favor of an award of permanent periodic alimony. See § 61.08(2), Fla....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 2006 WL 739726
...Because the final judgment does not include findings that are adequate to permit us to review either the denial of alimony or the denial of attorney's fees and costs, we reverse. A trial court must support its alimony decision by including findings of fact in the final judgment. § 61.08(1), Fla....
...The final judgment here does not include findings regarding the standard of living during the marriage, the physical and emotional condition of parties, the parties' income and the sources of income available to them, or whether they have any other financial resources. § 61.08(2)....
...The failure to make the required findings may constitute harmless error when our review is not hampered by their absence; however, this is not such a case. See Klette v. Klette,
785 So.2d 562, 563 (Fla. 1st DCA 2001) (concluding that the failure to make findings pursuant to section
61.08(1) is subject to a harmless error analysis); Milo,
718 So.2d at 344-45 (concluding that the trial court's failure to make findings pursuant to section
61.08(1) was not harmless where the record contained "complicated, conflicting evidence" regarding the parties' sources of income and standard of living and the appellate court could not discern the basis for the trial court's award); Vaughn v....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 2006 WL 722174
...However, the record reflects both parties testified the timber had rotted and had no value. We remand to correct the foregoing miscalculations and possible scrivener's errors. Alimony In denying alimony, the circuit court addressed all relevant factors from section 61.08, Florida Statutes (2004)....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2005 WL 662713
...s of the spouse requesting the alimony and the ability of the other spouse to make alimony payments." Rosecan v. Springer,
845 So.2d 927, 928 (Fla. 4th DCA 2003) (quoting Zeigler v. Zeigler,
635 So.2d 50, 53 (Fla. 1st DCA 1994)) (citations omitted). Section
61.08(2), Florida Statutes (2003), sets forth the factors a trial court must consider when considering an alimony award....
...motional condition; (d) the financial resources of each party; (e) the time necessary for either party to acquire education or training; (f) the contribution of each party to the marriage; and (g) all sources of income available to either party. See § 61.08(2)(a)-(g); see also Mallard v....
CopyCited 11 times | Published | Florida 4th District Court of Appeal
...ch had been the marital domicile, title to which had been taken by the parties as tenants of an estate by the entirety. It is only this portion of the judgment which the wife attacks. Section 10 of Chapter 71-241, Laws of Florida, 1971, amended F.S. Section 61.08, F.S.A. pertaining to alimony to read as follows: "61.08 Alimony (1) In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be rehabilitative or permanent in nature....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal
...imposing reciprocal property awards in the absence of pleadings complying with Chapter 64, Florida Statutes. It is well established that upon the granting of a dissolution of marriage, the court may award the husband's interest in the marital home. § 61.08, Fla....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 8514, 2009 WL 1811811
...2d DCA 2008) (marriage of over twenty-one years); Schomburg v. Schomburg,
845 So.2d 257, 258 (Fla. 2d DCA 2003) (marriage of twenty-four years). To support its alimony determination, the trial court must include specific findings of fact in the final judgment. §
61.08(1), Fla. Stat. (2004); Williams v. Williams,
923 So.2d 606, 607 (Fla. 2d DCA 2006); Schomburg,
845 So.2d at 258. Although the final judgment contains some findings concerning the factors listed in section
61.08(2)(a)-(g), the trial court failed to make specific findings concerning the financial resources and income available to each party. See §
61.08(2)(d), (g)....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2002 WL 1369573
...of discretion. We agree and reverse. The record reflects that not all of the wife's needs were considered in arriving at the court's award of alimony and that the trial court erred in construing the limits of its discretion in awarding alimony under section 61.08, Florida Statutes....
...ss," the trial court's alimony award should not be disturbed on appeal. Canakaris v. Canakaris,
382 So.2d 1197, 1204 (Fla.1980). However, in this case, we conclude that the court's imputation of income was an abuse of discretion, requiring reversal. Section
61.08, Florida Statutes, provides: In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to: * * * (g) All sources of income available to either party....
...here is no statutory or other mandate that the trial court impute income requiring that she obtain a full-time job immediately. See Laz v. Laz,
727 So.2d 966, 967 (Fla. 2d DCA 1998); Atkins v. Atkins,
611 So.2d 570, 573 (Fla. 1st DCA 1992); see also §
61.08, Fla....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 1993 WL 217126
...Waxman, P.A., West Palm Beach, for appellant. Ronald E. Jones of Ronald E. Jones, P.A., West Palm Beach, for appellee. STONE, Judge. We reverse a final judgment of dissolution. In denying alimony, the trial *1301 court omitted the findings of fact mandated by section 61.08(1), Florida Statutes....
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 1999 WL 346110
...d effect. The amended final judgment entered July 30, 1998, contains the following with regard to lump sum alimony, the subject of this appeal: "After an evaluation of all factors affecting alimony, conducted in accordance with the requirements of F.S. 61.08(2), the court specifically finds as follows ......
...($92,736) is obviously based on her expected lifetime. The principle bedeviled by the facts in this case is the general rule on lump sum alimony. The right to lump sum alimony in dissolution of marriage cases is now rooted in Florida statutory law. Section 61.08(1) provides: "In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be rehabilitative or permanent in nature....
...s supplied] Thus by its express terms as a general matter this statute authorizes the use of both lump sum and periodic alimony. Although the legislature has not required lump sum alimony, as such, when any specific set of circumstances is shown, in section 61.08(2) it has listed a number of factors relating to alimony awards generally, the last of which is "any other factor necessary to do equity and justice between the parties." All things considered, it can be fairly said that the evident pur...
...ng for statutory alimony is "to do equity and justice between the parties," leaving it to the courts to define just what constitutes equity in cases brought under the statute. Although the power of the trial court to order alimony is now codified in section 61.08, it actually originated in the common law, where the rule was that alimony terminated upon the death of the payor....
...the term "special equity" in effecting an equitable distribution of marital property, the court stated: "In granting lump sum alimony, the trial court should be guided by all relevant circumstances to ensure `equity and justice between the parties.' § 61.08, Fla.Stat....
...both parties and the imminency of his death. Instead this particular lump sum is described as providing the recipient with support and for a period long after the payor's death, when alimony *1187 would otherwise terminate. Yet there is nothing in section 61.08 or, for that matter, in Canakaris that explicitly approves the use of lump sum alimony for the purpose of reaching beyond the payor's expected demise....
...s expressly disclaimed any interest. It must also be stressed that neither Canakaris nor Yandell involves a premarital agreement renouncing all claims to the payor's separate property and its consequent effect on the general power of the court under section 61.08 to award lump sum alimony....
CopyCited 11 times | Published | Florida 5th District Court of Appeal
...She points out that the couple accumulated all of their assets during a twenty-year marriage. In Canakaris, the supreme court observed that: In granting lump sum alimony, the trial court should be guided by all relevant circumstances to insure `equity and justice between the parties.' § 61.08, Fla....
...ithout substantially endangering his or her economic status.
382 So.2d at 1201. The husband maintains that because of the wife's "misconduct" she was awarded far in excess of what she should have been awarded. The husband did not plead adultery, see section
61.08(1), Florida Statutes (1981), and admits there was no proof of same....
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 1993 WL 5303
...uires reversal and remand. Walsh v. Walsh,
600 So.2d 1222 (Fla. 1st DCA 1992); Dyson v. Dyson,
597 So.2d 320 (Fla. 1st DCA 1992); Prom v. Prom,
589 So.2d 1363 (Fla. 1st DCA 1991). Cf. Moreno v. Moreno,
606 So.2d 1280 (Fla. 5th DCA 1992) (pursuant to section
61.08, Florida Statutes (Supp....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 1999 WL 9766
...Lowman argues that the $1,200 award of alimony is insufficient and that any permanent award should be retroactive to the date of filing. There is little question that her reasonable needs exceed this award and that Mr. Lowman has an ability to pay a larger amount. See § 61.08(02), Fla....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 1992 WL 387437
...and liabilities contravenes section
61.075, Florida Statutes (1989), thereby shortchanging the wife. We conclude that the amount of permanent periodic alimony awarded by the trial court does constitute an abuse of discretion. Therefore, we reverse. Section
61.08(2), Florida Statutes (1989), which controls in this case, reads: (2) In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to: (a) The standard of living established during the marriage....
...Antonini v. Antonini,
473 So.2d 739, 741 (1st DCA 1985), rev. den.,
484 So.2d 7 (Fla. 1986); Vandergriff v. Vandergriff,
456 So.2d 464, 466 (Fla. 1984). In deciding the alimony award, the trial court considered the "relevant economic factors" set forth in section
61.08(2), Florida Statutes (1989)....
...5th DCA 1990) (weekly income, lawn and pool care, and home repairs provided to former wife by her live-in boyfriend were sufficient to warrant downward modification of former husband's alimony obligation). Among the circumstances considered by the trial court pursuant to section 61.08(1) was the fact that Appellant "has effectively resided with Mr....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal
...Strollo v. Strollo,
365 So.2d 189 (Fla. 1st DCA 1978); Zilbert v. Zilbert,
287 So.2d 100 (Fla.3d DCA 1973). *445 In fashioning an award of alimony, a trial judge is authorized to consider any factor necessary to do equity and justice between the parties. Section
61.08, Florida Statutes (Supp....
...prayer for such relief. We believe the wife's prayer for temporary and permanent alimony was a sufficient pleading, and the proofs in this record were also sufficient, to support the action of the trial judge in choosing the form of alimony he did. Section 61.08, Florida Statutes (Supp....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1113520
...On remand we leave to the parties to argue, and the trial court to determine, the appropriate coverture fraction. See Trant,
545 So.2d 428. In addition to the equitable distribution concerns, Ingrid has raised some support-related issues, most notably the trial court's failure to consider Tim's bonus income. Section
61.08(2)(g) requires a court to consider all sources of a party's income when computing alimony, and section
61.30(2) requires a court to include bonuses when calculating child support....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 2005 WL 734958
...We note that it is unusual for a court to require a spouse to pay to insure an asset distributed to the other spouse during equitable distribution. However, such a requirement may not constitute an abuse of discretion if the trial court makes findings that would justify it. Insurance as Security for Alimony Section 61.08(3), Florida Statutes (2002), authorizes the trial court to require an obligated spouse to purchase or maintain life insurance "[t]o the extent necessary to protect an award of alimony." Under section 61.08(3), a court may require an obligated spouse to purchase or maintain life insurance to secure any arrearage owed or "to protect the financial well being of the other spouse" by providing for payment of the entire policy proceeds upon the obligor spouse's death....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 1999 WL 682602
...2d DCA 1992) (11 year marriage). This court has held that a six year marriage also falls into the gray area. Pollock v. Pollock,
722 So.2d 283 (Fla. 5th DCA 1998). But see, Green v. Green,
672 So.2d 49 (Fla. 4th DCA 1996) (6 year marriage is a short-term marriage). [10] §
61.08, Fla....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1988 WL 96107
...Pan American Bank of Orlando,
384 So.2d 1258 (Fla. 1980). This proposition and the statutes which implemented its underlying policy went virtually unchallenged until those statutes were recently amended. Laws 1984, chapter *794 84-110, section 1, added the following to section
61.08, Florida Statutes: (3) To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets which may be suitable for that purpose....
...ation. The court stated that "it is obvious that the wife's request for life insurance was to perpetuate the payment of alimony subsequent to the husband's death." Id. at 82. Also, citing Sobelman I, the court stated that "it is questionable whether section 61.08(3) legitimizes what is otherwise a prohibition against ordering a spouse to maintain life insurance as a form of `postmortem alimony.'" Id....
...m alimony payable in installments (recognizing that the latter is also a charge against the estate of a deceased former spouse). In Sobelman II the court held that the spouse seeking to have the awards protected by an insurance policy as provided by section 61.08(3), must establish the necessity (or a need) for security, and further that the terms and conditions of the insurance policy "should be limited in such manner that the receiving spouse will receive only what may reasonably be necessary...
...STONE, J., dissents in part with opinion. STONE, Judge, dissenting in part. I dissent from that portion of the opinion concerning the order that the husband maintain life insurance for the benefit of the wife. In my judgment the intent of the amendment to section 61.08 is to place the spouse who receives permanent alimony on the *796 same footing, with respect to security, as one who receives lump sum alimony....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 1996 WL 531561
...Although one could draw conclusions as to certain assets, there is a lack of evidence to support other findings the lower court must make, and there is a complete lack of findings as to any characterization of assets. The trial court also erred in failing to make the factual findings required by section 61.08, Florida Statutes (1995), with respect to the award of alimony....
...rces, the nonmarital and marital assets and liabilities distributed to each, the contribution of each party to the marriage, all sources of income available to either party and any other factor necessary to do equity and justice between the parties. § 61.08(2), Fla....
...the antenuptial agreement, as a practical matter, it has little effect on the determination of property rights here. It only affects each party's separate property acquired before the marriage to which, as a general rule, the spouse is not entitled. Section 61.08(3), Florida Statutes (1995), provides that "[t]o the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets which may be suitable for that purpose." § 61.08(3), Fla....
CopyCited 10 times | Published | Supreme Court of Florida | 1994 WL 469184
...Moreover, because the comparable fairness doctrine exists only in this isolated plurality opinion, the doctrine should not be considered the law of this state. It was the "decision" of the majority below to reverse the award of alimony to the wife in this case because the trial court failed to comply with the provisions of section 61.08, Florida Statutes (1991). Five members of the nine-judge panel agreed that the trial court erred in its application of the law by failing to consider all of the factors to be considered in determining a proper award of alimony as set forth in section 61.08(2)....
CopyCited 10 times | Published | Florida 4th District Court of Appeal
...sons inter se. To the extent that these claims are cognizable, they are properly so only insofar as they affect the "equities" to be weighed by the chancellor in determining the financial aspects of the judgment in a dissolution action. [3] See F.S. § 61.08(2)....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 2005 WL 2806677
...Thus, as to those issues, we reverse and direct the trial court to make the required findings and modifications described in this opinion. Alimony The husband argues correctly that the trial court erred in awarding permanent *704 alimony to the wife without providing the requisite findings of fact. Section 61.08, Florida Statutes (2004), requires the trial court to support its alimony decisions with factual findings: 61.08 Alimony....
...until the younger child graduates from high school or achieves the age of 18, whichever event last occurs. The trial court may order the obligor spouse to purchase or maintain life insurance as security for the payment of alimony or child support. §§
61.08(3),
61.13(1)(c), Fla....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 2002 WL 31396369
...of separation. Samuel was also ordered to pay Mary's attorney's fees and costs. This court is unable to sustain the rehabilitative alimony award given the failure of the final judgment to contain findings of fact relative to the factors set forth in section 61.08(2), Florida Statutes, to support the award. Just as Samuel argues, a trial court's failure to make the findings of fact required by section 61.08(2) constitutes reversible error....
...The trial court's order in this case focused on the circumstances surrounding Mary's departure from Iraq, Mary's medical condition, and Mary's financial situation relative to Samuel's, instead of addressing all of the factors necessary to fulfill the requirements of section 61.08(2)....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22515188
...ry of a final judgment of dissolution of marriage containing the required statutory findings to support the award of alimony and which addresses the tax implications of the alimony award." Farley v. Farley,
800 So.2d 710, 712 (Fla. 2d DCA 2001); see §
61.08(1), (2), Fla....
...did not state the Former Husband's income, and did not consider the Former Wife's postdissolution expenses. Farley,
800 So.2d at 712. *1172 On remand, the trial court entered an amended final judgment setting forth findings of fact as to each of the section
61.08 statutory elements....
CopyCited 10 times | Published | Florida 4th District Court of Appeal
...egal dissolution of marriage." "61.052 Dissolution of marriage. "(1) No judgment of dissolution of marriage shall be granted unless one of the following facts appears, which shall be pleaded generally: "(a) The marriage is irretrievably broken." "61.08 Alimony....
...issatisfaction that lead to the enactment of the so-called no-fault dissolution of marriage chapter. But what about alimony and fees? Are, as the trial judge found, the same strictures and limitations to be applied? We think not. It is our view that Section 61.08(2): "(2) In determining a proper award of alimony, the court may consider any factor necessary to do equity and justice between the parties," is dispositive of the issue and correctly so....
...The equities, circumstances and the whole marital picture furnish and form the fabric from which the award is to be cut, and if the court limits itself solely to the economics of the matter, it deprives itself of valuable factors that may aid in doing justice to the problem. The predecessor statute, Section 61.08, F.S. 1969, F.S.A., [1] is not materially different from the current statute, 61.08(2), supra, as both provide for alimony based upon a consideration of equity and justice....
...e and understanding of the relative equities and factors necessary to do justice. Thus, while we do not know if our decision here will, in the ultimate, cause a change in the trial court's decision as to the amount of alimony, we do know in light of Section 61.08(2), F.S....
...o that same might be before the trial court for consideration in arriving at the award of alimony and attorney's fees. Reversed and remanded for further proceedings consistent herewith. Reversed and remanded. CROSS and MAGER, JJ., concur. NOTES [1] "61.08 Alimony on judgment of divorce....
...rom the circumstances of the parties and nature of the case is equitable; but no alimony shall be granted to an adulterous wife. In any award of permanent alimony the court has jurisdiction to order periodic payments or payment in lump sum or both." Section 61.08, F.S....
CopyCited 10 times | Published | Florida 5th District Court of Appeal | 2007 WL 3390894
...ell as six months of rehabilitative alimony in the amount of $1,000 per month. It is the calculation of permanent alimony by the trial court that troubles us. Any consideration of a determination of the amount of an alimony award must be grounded in section
61.08(2), Florida *485 Statutes (2006). The principle undergirding this statute is that alimony should be a balance of two elements: the needs of the payee and the ability of the payor to sustain that need. See Jaffy v. Jaffy,
965 So.2d 825 (Fla. 4th DCA 2007). Section
61.08(2) begins with the mandate that in order for a court to determine "a proper award of alimony or maintenance, the court shall consider all relevant economic factors." Among the factors that the legislature specifically listed is "(g) All sources of income available to either party." See also O'Connor v....
...Saporito,
831 So.2d 697, 701 (Fla. 5th DCA 2002). In order to facilitate a meaningful appellate review of the trial court's alimony determination, it is incumbent upon the trial court to include specific findings of fact regarding the factors enumerated in section
61.08(2)(a)-(g)....
...Finally, we must also consider the judgment as it relates to the Wife's need. Once again, we are unable to reconcile how this aspect of the equation was determined by the trial judge. It may be that $5,000 per month in permanent alimony is all that the Wife needs in order to satisfy the requirements of section 61.08....
...pay to the Wife permanent periodic alimony in the amount of $5,000 per month, and direct the trial court to revisit this issue and provide findings of fact from which a reviewing court can determine whether the award squares with the requirements of section 61.08 and the cases construing it....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2014 WL 2101222, 2014 Fla. App. LEXIS 7637
...We review a trial court’s decision on whether to award permanent periodic alimony for abuse of discretion. Hornyak v. Hornyak,
48 So.3d 858, 861 (Fla. 4th DCA 2010). The decision to award alimony is based on the trial court’s factual determination of one spouse’s need and the other spouse’s ability to pay. See §
61.08(2), Fla. Stat. (2011). 1 Once the trial court makes a finding as to need and ability to pay, section
61.08, Florida Statutes, sets forth a non-exhaustive list of factors for the trial court to consider in determining the proper type and amount of alimony to award. Id. There is a rebuttable presumption that a marriage lasting more than seventeen years is a long-term marriage. §
61.08(4), Fla....
...The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration or following a marriage of long duration if there is no ongoing need for support on a permanent basis. § 61.08(7), Fla....
...court found that “durational alimony is warranted and that no other form of alimony is appropriate.” We hold that this was not an abuse of discretion. The Final Judgment indicates that the trial court considered each of the factors enumerated in section 61.08(2) when fashioning the alimony award....
...ermit review of its decision.” See Arena,
103 So.3d at 1047 . Affirmed in part, Reversed in part and Remanded. GROSS and KLINGENSMITH, JJ„ concur. . Although the petition for dissolution of marriage was filed in January 2010, the 2011 version of section
61.08 applies in this case because the Final Judgment containing the initial alimony award was entered on October 2, 2012. See Ch. 2011-92, § 80, Laws of Fla. (providing that the 2011 amendments to section
61.08 apply "to all initial awards of alimony entered after July 1, 2011”); see also Margaretten v. Margaretten,
101 So.3d 395 , 396 n. 1 (Fla. 1st DCA 2012) (applying the 2011 version of
61.08 because although petition for dissolution was filed in 2009, the final judgment containing the initial alimony award was entered in November 2011).
CopyCited 10 times | Published | Florida 3rd District Court of Appeal
...The wife's petition for dissolution, by separate count, specifically requested partition of the marital home. The husband concedes that a request for alimony is sufficient to place him on notice that alimony in any of its several forms, including lump sum, may be awarded by the trial court under Section 61.08, Florida Statutes (1979)....
CopyCited 10 times | Published | Florida 5th District Court of Appeal
...value of the Wymodak stock. Third, it was within the discretion of the trial court in attempting "to do equity and justice between the parties" to order the husband to pay the first $150,000 of tax liability for his previous years of non-filing. See § 61.08, Fla....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 10365, 2009 WL 2243807
...in medication, she had not filed for disability. Finding that she was voluntarily unemployed, the court imputed income to her in the amount of $38,000 per year. The court denied the wife's claim for alimony after considering the factors set forth in section 61.08(2), including the parties' very modest standard of living and limited financial resources, concluding that "the Wife may have the need for alimony....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 2007 WL 2126271
...nd is necessary. See Shoffner,
744 So.2d at 1157; Crockett v. Crockett,
708 So.2d 329 (Fla. 1st DCA 1998); Walsh,
600 So.2d at 1223. Furthermore, the trial court is required to make factual findings with regard to the award or denial of alimony. See §
61.08, Fla....
...We, therefore, reverse the equitable distribution of property and the denial of attorneys' fees and remand for further proceedings. However, with regard to the denial of alimony, although the trial court did not make all of the requisite factual findings mandated by section 61.08, Florida Statutes, the denial was not in error....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 10906, 2011 WL 2698685
...As the party seeking alimony, the wife had the burden to prove her financial need and the husband’s ability to pay. See Esaw v. Esaw,
965 So.2d 1261, 1266-67 (Fla. 2d DCA 2007). We find nothing in the record to support the wife’s conclusion that the trial court misconstrued the burden, of proof. Although section
61.08(1), Florida Statutes (2009), does not expressly provide for bridge-the-gap alimony, subsection (2) sets out a non-exclusive list of “relevant economic factors” for determining a proper award of alimony and permits the trial court to...
CopyCited 10 times | Published | Supreme Court of Florida
...[5] It is estimated that in 1970 the median annual earnings of all male workers with taxable earnings was $6,133 while only $2,734 for women. U.S. Dept. of H.E.W., Social Security Bull., Annual Statistical Supp., 1970, Table 34 at 50. [6] Fla. Stat. § 61.08, F.S.A....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 19823, 2010 WL 5350985
...NOTES [1] The husband does not dispute that this was regarded by the parties as a relatively long-term marriage and that the wife is entitled to permanent periodic alimony; only the amount is in controversy. The final judgment of dissolution was rendered on July 9, 2009, before the amendment to section 61.08(4), Florida Statutes (2010). Effective July 1, 2010, section 61.08(4) creates a rebuttable presumption that a long-term marriage is one "having a duration of 17 years or greater." However, even had this amendment applied to this case, we seriously doubt the outcome would have been affected....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 2001 WL 1643919
...former husband appealed in case number 01-1316. VI We vacate the award of retroactive permanent periodic alimony because the trial court failed to make the proper factual findings justifying the former wife's need for permanent periodic alimony. See § 61.08, Fla....
...The court also found that the former wife had scant employment experience, having worked only six months during the marriage, with no vocational training, and no job skills. However, the final judgment contains no mention of any of the other statutory factors listed in section 61.08....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1990 WL 212138
...Abbe,
475 So.2d 206 (Fla. 1985). We know of no reason that a pleading for rehabilitative alimony should be governed by a different rule. Further, the husband has cited no authority proscribing a lump sum award in lieu of periodic rehabilitative alimony. Indeed, section
61.08(1), Florida Statutes, governing awards of alimony, expressly provides for an award of lump sum rehabilitative alimony....
...er intended efforts, the record is not totally devoid of evidence supporting a need for rehabilitation in the usual sense of enabling or enhancing the ability of a spouse to become self-supporting. Canakaris v. Canakaris,
382 So.2d 1197 (Fla. 1980); section
61.08(2)(e), Florida Statutes (1988)....
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1988 WL 135340
...4th DCA 1988), upon the question raised in the next point, i.e., the propriety of requiring that alimony be secured by life insurance. The pendency of the question en banc precluded a decision in this case at an earlier date. In any event, it is now clear that, in this district, in accordance with section 61.08(3), Florida Statutes (1985), if there is a need, the trial court may require acquisition or continuation of a life insurance policy, or the furnishing of other property to secure an alimony award....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 5606, 2012 WL 1232729
...Canakaris,
382 So.2d 1197, 1201 (Fla.1980); accord Mallard v. Mallard,
771 So.2d 1138, 1140 (Fla.2000). In order to award permanent alimony, the trial court must make specific factual determinations with regard to actual need on the part of the former spouse seeking an alimony award. §
61.08(2), Fla....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
...owned former marital residence to the wife as an incident to the trial judge's power to award alimony and child support. See cases cited in Berger v. Berger, Fla.App. 1966,
182 So.2d 279, 280. See also Sutter v. Sutter, Fla.App. 1965,
172 So.2d 910. Section
61.08, Fla....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1996 WL 648289
...First, she argues the trial court erred by not extending the award of rehabilitative alimony or changing it to permanent periodic alimony since she had become disabled and unable to support herself. Second, she argues the trial court erred by failing to provide adequate findings of fact as required by section 61.08, Florida Statutes (1993) in its order denying relief....
...We agree with the trial court that permanent alimony is inappropriate because the evidence supports the finding that the former wife would become self-supporting within the three year rehabilitation period. ADEQUATE FINDINGS We conclude that the findings of the trial court were sufficient to comply with the factors in section 61.08(2), Florida Statutes, and to support its refusal to extend or convert the former wife's rehabilitative alimony award. The trial court detailed the parties' ages, earning histories, health and abilities to work. The trial court also found that the former wife never presented a rehabilitative plan. Although all of the factors of section 61.08(2) were not addressed, in light of our ruling that the wife is not and could not be entitled to additional rehabilitative alimony, any failure to address all criteria of the section is harmless error....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 16374, 2009 WL 3617640
...The husband received his Honda motorcycle, which was not valued in the division. The wife had requested permanent, rehabilitative, temporary, and bridge-the-gap alimony. The court awarded $1,200 per month of bridge-the-gap alimony after considering the factors in section 61.08, Florida Statutes....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 2002 WL 1021361
...services rendered in homemaking, child care, education, and career building of the other party. (g) All sources of income available to either party. The court may consider any other factor necessary to do equity and justice between the parties. Id. § 61.08(2) (emphasis added). By its plain language, section 61.08 requires the court to consider the assets and liabilities which have been equitably distributed to each party. Id. § 61.08(2)(d)....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2003 WL 21180105
...pealed the final judgment. The estate challenges the provision in the final judgment requiring the husband to maintain a life insurance policy with a minimum death benefit of $1,000,000.00 naming the wife as beneficiary, to secure the alimony award. Section 61.08(3) provides that "[t]o the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets which may be suitable for that purpose." § 61.08(3), Fla....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1997 WL 216206
...ore the trial court can award lump sum alimony, it must determine that it is necessary for support or to effect equitable distribution of marital property. Canakaris,
382 So.2d at 1197; Young v. Young,
677 So.2d 1301, 1304 (Fla. 5th DCA 1996). While section
61.08, Florida Statutes (1995), directs the court to consider all relevant factors "necessary to do equity and justice between the parties," case law provides some guidance to the court in exercising its discretion....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1998 WL 135087
...lude the former husband's summer school income unless grounds are given why it should not be included. The court should specify for whom support awards are made. If an award is made for the former wife, the court should make the findings required by section 61.08(1)....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 1994 WL 72526
...Canakaris,
382 So.2d 1197 (Fla. 1980). The judge entered both oral and written findings as to the equitable distribution of marital assets and liabilities. See §
61.075(3), Fla. Stat. (1991). The judge also considered all of the statutory requirements of section
61.08(2), Florida Statutes (1991), before awarding alimony....
CopyCited 9 times | Published | Florida 4th District Court of Appeal
...itable distribution of the marital partners' financial resources based upon the needs and abilities of the partners and a consideration of the role played by each during the course of the marriage. Canakaris v. Canakaris,
382 So.2d 1197 (Fla. 1980). Section
61.08, Florida Statutes, provides the trial court may consider "any factor necessary to do equity and justice between the parties" in determining the amount and form of alimony to be awarded in a dissolution proceeding....
CopyCited 9 times | Published | Florida 4th District Court of Appeal
...Ball,
335 So.2d 5 (Fla. 1976); Eakin v. Eakin [
99 So.2d 854 (Fla.)]; Heath v. Heath, [
103 Fla. 1071,
138 So.2d 796]. In granting lump sum alimony, the trial court should be guided by all relevant circumstances to ensure "equity and justice between the parties." §
61.08, Fla....
CopyCited 9 times | Published | Florida 5th District Court of Appeal
...he trial court erred in concluding it should retain jurisdiction in this case to award the husband periodic alimony in the future. [2] We find no Florida cases directly in point, but in view of Canakaris v. Canakaris,
382 So.2d 1197 (Fla. 1980), and section
61.08, Florida Statutes (1979), and under the facts and circumstances present in this case, we see no reason why the trial court should not be empowered to reserve jurisdiction indefinitely over the parties to make an alimony award to the husband....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 1994 WL 6397
...In light of the parties' thirty-seven year marriage, their employment histories and prospects, and their previous lifestyle, the trial court's distribution of property and award to the wife of permanent periodic alimony was not an abuse of discretion. Canakaris v. Canakaris,
382 So.2d 1197 (Fla. 1980); §
61.08, Fla....
CopyCited 9 times | Published | Supreme Court of Florida | 1995 WL 752303
...Sanchez,
35 Fla. 187,
17 So. 363 (1895). However, the disability of coverture was later abrogated. Ch. 21977, Laws of Fla. (1943); see §
708.08, Fla.Stat. (1993). Further, the responsibilities for alimony between husband and wife are now reciprocal. §
61.08, Fla.Stat....
CopyCited 9 times | Published | Florida 3rd District Court of Appeal
...Appellee has filed cross-assignments of error directed to that same order. Appellant contends that the chancellor erred in ordering him to answer questions concerning his alleged adulterous activities as he is not the spouse who is seeking alimony, pursuant to Section 61.08(1), Florida Statutes (1975). Appellee's principle contentions are that, notwithstanding the above, Section 61.08(2), Florida Statutes (1975) permits a chancellor *946 to consider any factor necessary to do equity and justice between the parties in determining a proper award of alimony and, where custody and visitation are at issue, an inquiry into...
...ty to pay ..." supra at 703. We realize that our holding in Escobar has previously been misunderstood by both our sister court [1] and the practicing bar and we welcome the opportunity to clarify our position. Initially, we turn to the provisions of Section 61.08, Florida Statutes (1975), which provides that: "(1) In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be rehabilitative or permanent in nature....
...lor to consider the adulterous activities of a spouse seeking alimony, "as a mitigating defense to the awarding of alimony and the amount thereof." Escobar, supra, quoting from Stafford v. Stafford,
294 So.2d 25 (Fla. 3d DCA 1974). Subsection two of Section
61.08, which permits a chancellor to "consider any factor necessary to do equity and justice between the parties" was never utilized in Escobar, as the facts there, as heretofore mentioned, revealed that the alimony seeking wife sought to uti...
...Appellee, on the other hand, has allegedly had only a single extra-marital affair and then, only after it had become evident, toward the final years of their marriage, that the union had become irretrievably broken. We believe this particular situation cries out for an application of Section 61.08(2), as it would be a manifest injustice to permit appellant to utilize Section 61.08(1), as a defense to the payment of alimony based upon appellee's alleged single affair, while appellant's alleged activities went unnoticed....
...ncreasing her own award, which should be based primarily upon her needs and appellant's ability to pay. Escobar, supra. By so ruling, we enable the chancellor to more appropriately *947 award alimony based upon the "equity and justice" called for by Section 61.08(2) and more closely align ourselves with our sister courts....
...essary embarrassment, ridicule or scorn. In conclusion, as concerns an award of alimony, we hold that where the facts of a case dictate that justice and equity will best be served by an inquiry into the adulterous activities of a spouse, pursuant to Section 61.08(1) and (2), such inquiry is permissible, so long as the inquiry is not to be utilized for the sole purpose of increasing an award and is handled in a mature, discrete and unvindictive manner....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 5576, 2012 WL 1192049
...The husband will be able to cross-examine the wife’s witnesses and present any evidence on the issue. Accordingly, because this issue needs to be reconsidered by the trial court in the context of an evidentiary hearing, any due process argument that the husband raises in this appeal is moot. IV. Life Insurance Section 61.08(3), Florida Statutes (2007), authorizes the trial court to require an obligated spouse to purchase or maintain life insurance “[t]o the extent necessary to protect an award of alimony.” Requiring life insurance to secure an alimony...
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 1999 WL 701519
...all be made." §
61.075(8), Fla. Stat. (1997). Similarly, the alimony statute provides that among the factors to be considered are "[t]he financial resources of each party, the non-marital and the marital assets and liabilities distributed to each." §
61.08(2)(d), Fla....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 2118
...Posner,
237 So.2d 186 (Fla. 3d DCA 1970). In our opinion the remaining appellate points do not merit discussion. There is one final caution that we mention for consideration by the trial court upon remand. It is basic that the tool of lump sum alimony is provided by §
61.08, Florida Statutes (1985)....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...The trial judge, having reached the conclusion from the evidence that the marriage was irretrievably broken, declined to hear testimony from the wife about the husband's alleged adultery. The husband did not seek alimony, therefore the ruling did not violate section 61.08, Fla....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2001 WL 1188945
...ability of the other spouse to make alimony payments. See Adams v. Adams,
604 So.2d 494, 495 (Fla. 3d DCA 1992), rev. denied and cause remanded,
614 So.2d 502 (Fla. 1993). The factors a trial judge must consider when awarding alimony are codified in section
61.08(2), Florida Statutes....
...In this case, the husband was pulled from the family setting after the accidentonly three years and three months into the marriageand had been living with his parents ever since. Although the facts of this case make an analysis under the criteria enumerated in section 61.08(2), Florida Statutes, more difficult than most cases, we cannot say that the trial judge abused his discretion in deciding that the husband was not entitled to alimony payments....
...rital assets and liabilities is the earliest of the date the parties enter into a valid separation agreement, such other date as may be expressly established by such agreement, or the date of the filing of a petition for dissolution of marriage. [4] Section 61.08, Florida Statutes, provides: (2) In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to: (a) The standard of living established during the marriage....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 2355
...Pan American Bank,
384 So.2d 1258 (Fla. 1980). The wife contends that the insurance required by the court is not post mortem alimony. Rather, she contends that the insurance is security for alimony vesting before the husband's death and is proper under section
61.08(3), Florida Statutes (1985). Sobelman recognizes that the award of a life insurance policy is permitted under section
61.08(3), but states: The amended statute, in our view, does not affect the prohibition against ordering a spouse to maintain life insurance as a form of post mortem alimony; rather, it contemplates a factual setting in which there exists a need for security or protection of the award to the other spouse....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1990 WL 154761
...osperity or from prosperity to misfortune.") Because the former husband has not shown that he lacks the resources to pay a periodic alimony award, the trial court on remand shall determine a proper award of permanent alimony to the wife, pursuant to Section 61.08, Florida Statutes (1989)....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1995 WL 675344
...2d DCA 1980); Canakaris v. Canakaris,
382 So.2d 1197 (Fla. 1980). We also affirm the injunction against the husband's pension, which secures his payment of alimony to wife. See Sandstrom v. Sandstrom,
565 So.2d 914 (Fla. 4th DCA 1990); §
61.11, Fla. Stat. (1993); §
61.08(3), Fla....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...We hold to the contrary. First, there is ample authority that a court granting a dissolution of marriage can award the husband's interest in property, which the husband and wife owned as tenants by the entireties, to the wife as lump sum alimony. F.S. § 61.08 F.S.A.; Kilian v....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...The Florida Supreme Court has held that the Florida no-fault divorce law now permits the trial court in certain circumstances to provide for alimony payments from the estate of a former husband even in the absence of an express agreement. First National Bank of St. Petersburg v. Ford, Fla. 1973,
283 So.2d 342; Fla. Stat. §
61.08(2), F.S.A....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1998 WL 233494
...The parties also submitted memoranda of law. In the final judgment the trial court awarded an amount of alimony identical to that suggested in the husband's memorandum and made no supporting findings. In particular, the court failed to mention any of the factors enumerated in section 61.08(2), Florida Statutes (1997). The wife argues that the judgment is automatically reversible because the trial court failed to comply with section 61.08(1), Florida Statutes, which states: In all dissolution actions, the trial court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony....
...ny, and he suggests that the mandatory language in the statute concerning findings of fact does not apply to a case where only the amount of permanent alimony is at stake. The wife counters that the husband's argument ignores the literal language of section 61.08(1). Moreover, says the wife, the economic factors enumerated in section 61.08(2) relate not only to alimony entitlement and duration, but also to the amount of alimony....
...She contends that if the court did impute alimony to her, such is improper, but the lack of findings leaves her in the dark as to the court's thought process. No court has pointedly considered the argument now advanced by Mr. McCartythat the mandatory findings language of section 61.08(1) does not apply when the parties stipulate to entitlement to permanent alimony, and litigate only the question of amount....
...The court then noted that the trial judge "failed to make specific findings to support either the amount of alimony awarded, or the decision to make that alimony rehabilitative." Id. The court observed that "in this regard" the final judgment stood in violation of section
61.08(1). Id. The trial court in Dal Ponte v. Dal Ponte, awarded permanent periodic alimony and found, "the Wife has met all the criteria set forth in Florida Statutes §
61.08 demonstrating a reasonable financial need established during the marriage of $1,500 per month."
692 So.2d 283 (Fla. 1st DCA 1997). The court observed that such a "blanket finding does not meet the directive of section
61.08(1) that the court `include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony.'" Id. at 283. The court reversed because it could not determine if the former wife proved need for the alimony awarded. Id. at 284. In Kennedy v. Kennedy, the trial court construed the first two enumerated factors in section
61.08(2)i.e., the standard of living established during the marriage and the duration of the marriageas requiring the court to equalize the incomes of the parties through an alimony award....
...Woodard, the husband appealed, among other things, entitlement to and the amount of permanent alimony.
634 So.2d 782 (Fla. 5th DCA 1994). The Fifth District reversed and ordered the trial court on remand to make the findings as to the factors enumerated in section
61.08(2)....
...mount, is not as apparent to us as it is to Mr. McCarty. Moreover, the above cases suggest that reviewing courts have assumed that the requirement is broad enough to cover cases in which only the amount is at issue. Indeed, the factors enumerated in section 61.08(2) would certainly appear, at least in some instances, to be relevant to the amount of alimony: (2) In determining a proper award of alimony or maintenance, the court shall *715 consider all relevant economic factors, including but not limited to: (a) The standard of living established during the marriage....
CopyCited 8 times | Published | United States Bankruptcy Court, S.D. Florida. | 1994 Bankr. LEXIS 412
...It was further held in Ledford v. Ledford,
469 So.2d 828 (Fla.App. 1985), that "[l]ump sum alimony is a viable tool for awarding needed support to a spouse as well as a means for making an equitable division of marital assets." Lump sum alimony is recognized in Florida Statute §
61.08(1), which authorizes a court to "order periodic payments [of alimony] or payments in lump sum or both." The Florida Supreme Court stated in Claughton v....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1990 WL 31720
...It is our responsibility, however, to determine if the trial court abused its discretion in making that determination. Lang v. Lang,
459 So.2d 402 (Fla. 4th DCA 1984). The record presented to us is without any basis to justify an award of permanent periodic alimony. §
61.08, Fla....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 1504
...to continue to pay alimony after his death. O'Malley v. Pan American Bank of Orlando, N.A.,
384 So.2d 1258 (Fla. 1980). The wife, however, asserts that the continued vitality of that judicial rule is in serious doubt as a result of the amendment to section
61.08, Florida Statutes (effective January 1, 1985)....
...otect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets which may be suitable for that purpose. Section 61.08(3), Florida Statutes (1985)....
...She maintains that, although the statute does not specifically authorize such an award, the statute can be construed to give the trial court discretion to award a spouse permanent periodic alimony that shall become chargeable against the estate of the former spouse. We disagree with the wife's interpretation of section 61.08(3), Florida Statutes (1985)....
...Clearly, the language of the statute only authorizes a trial court to order, to the extent it is necessary to protect the award of alimony, that a spouse purchase or maintain a life insurance policy or a bond, or secure the alimony award with other assets. Section 61.08(3), Florida Statutes (1985)....
...fe with security to protect the alimony award after the husband's death, in light of her poor health and lack of employability. Therefore, the trial court, at its discretion, may amend the final judgment to protect the alimony award as authorized by section 61.08(3), Florida Statutes (1985)....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2001 WL 747230
...of her doing. Although the court did not abuse its discretion in declining to impute employment income to the wife, it was error for the court to fail to impute income for earnings that could reasonably be projected on the wife's liquid assets. See § 61.08(2)(g), Florida Statutes (1997)....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2005 WL 1761966
...needs, to maintain the standard of living established by the parties during the marriage and to ensure that, viewing the totality of the circumstances, one spouse is not "shortchanged." Canakaris v. Canakaris, 382 *
389 So.2d 1197 (Fla.1980) (citing §
61.08(2), Fla....
...riate employment; (f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party; (g) All sources of income available to either party. § 61.08(2), Fla....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 9598, 2009 WL 2032135
...The Former Wife filed a timely motion for rehearing, which the court denied. On appeal, the Former Wife argues that the amount of alimony awarded is not supported by substantial, competent evidence and that the trial court erred in failing to make specific findings regarding the statutory alimony factors set forth in section 61.08(2), Florida Statutes (2006)....
...oes not contain substantial, competent evidence to support the trial court's findings regarding the amount of alimony awarded, the appellate court will reverse the award." Farley v. Farley,
858 So.2d 1170, 1172 (Fla. 2d DCA 2003) (citation omitted). Section
61.08(2) provides several factors that the court "shall consider" when fashioning an alimony award: *796 (a) The standard of living established during the marriage....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1933389
...of the child. When awarding or denying alimony, a court is required to make factual findings pertinent to the marital standard of living, the duration of the marriage, the age and health of the parties, and the economic circumstances of the parties. § 61.08, Fla....
...2d DCA 1994) (reversing and remanding for "findings of fact to support the goals for and the terms and amount of rehabilitative alimony"). Relative to the issues of alimony and child support, a court is required to determine each party's income. §§ 61.08(2)(g), .30(2)....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 10783, 2016 WL 3745486
...The wife petitioned for dissolution after 17 years of marriage. The husband requested permanent periodic alimony, citing the length of the marriage, the disparity in the parties’ incomes, his need, and the wife’s ability to pay. By statute, the marriage was presumptively a long-term marriage. § 61.08(4), Fla....
...Hanks,
553 So.2d 340, 343 (Fla. 4th DCA 1989). However, in ruling on a request for alimony, a court must consider “all sources of income available to either party, including income available to either party through investments of any asset held by that party.” §
61.08(2)(i), Fla....
...Florida case law supports the imputation of income to liquid assets. McLean v. McLean,
652 So.2d 1178, 1181 (Fla. 2d DCA 1995). “When a party receives an asset in equitable distribution that will *1045 result in immediate investment income, we see no reason for that income to be excluded from consideration under section
61.08(2)(g).” Id....
...Canakaris instructs that a trial court may consider the value of a party’s estate in determining the party’s need for alimony. For 'purposes of establishing a party’s need, the Canakaris decision does not limit a trial court’s consideration of a party’s financial situation to the party’s liquid estate. Likewise, section 61.08(2)(i) requires the court to consider income available to a party through investments of any assets, not merely liquid assets....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...to other income she would receive, she had need for alimony for her support. The decision of the court to award alimony was made with awareness of the assets and financial circumstances of the parties. That matter was within the court's discretion. Section 61.08, Florida Statutes (1977), authorizes the court to grant alimony, with further provision that when making an award of alimony "the court may order periodic payments or payments in lump sum or both," and further that in determining a prop...
...o whether the payment of alimony allowed should be ordered to be made by periodic payments or by lump sum payment or by both. However, authority to choose the method of payment of alimony was not granted by law to the petitioner but to the court, by Section 61.08, Florida Statutes (1977)....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 377
...ary for a party to acquire sufficient education to enable that party to find appropriate employment, contribution of each party to the marriage, and any other factor necessary to do equity and justice between the parties. Tronconi,
425 So.2d at 550; Section
61.08(2)(a-f), Florida Statutes....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2008 WL 183700
...e insurance in the amount of the existing life insurance or $750,000, in order to secure Wife's alimony award." Second, it erred in failing to include unpaid rents in the valuation of the Husband's business for equitable distribution. Life Insurance Section 61.08(3), Florida Statutes (2004), allows the trial court to order maintenance of life insurance to secure alimony: To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchas...
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...Therefore, both parties have sufficient incomes to meet their needs. When the parties married, wife moved from a home that she still owns, which according to her testimony is now worth approximately $15,000, into a home owned by husband which, according to his testimony, is worth around $100,000. Section 61.08, Florida Statutes, authorizes a trial judge to grant lump sum alimony to either party....
...The mere fact that upon dissolution of this marriage Walter has more assets than Sarah does not allow or permit the trial court to attempt equalization of their economic positions through the award of lump sum alimony. Gesford v. Gesford,
337 So.2d 1017 (Fla. 4th DCA 1976). Nor do the criteria of Section
61.08(2), Florida Statutes (1981), support the lump sum alimony award to Sarah....
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 2006 WL 3780787
..."If reasonable men could differ as to the propriety of the action taken by the trial court, then the *632 action is not unreasonable and there can be no finding of an abuse of discretion." Id. A trial court is authorized by statute to award permanent periodic alimony, lump-sum alimony, or both. See § 61.08, Fla....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 1988 WL 33693
...After careful consideration of the record, we affirm on all four points. We have determined that the following issue merits brief discussion: Whether the court erred in requiring the husband to maintain life insurance upon his life payable to the wife. We agree with appellee that pursuant to section 61.08(3), Florida Statutes (1985), [1] a trial court may, where the circumstances warrant it, require a party who is ordered to pay alimony to purchase or maintain a life insurance policy to secure *765 such alimony....
...In the instant case, the trial court specified in its order that the husband shall maintain an insurance policy of a minimum value of $75,000 to cover alimony payments in the event of his death. In Clark v. Clark,
509 So.2d 364 (Fla. 4th DCA 1987), the district court determined that section
61.08(3) Florida Statutes, did not authorize a trial court to order that a former husband's estate was obligated to pay permanent periodic alimony to his former wife if he predeceased her....
...light of her poor health and lack of employability.
509 So.2d at 365. (emphasis supplied). Toward that end, the district court ordered that the trial court could amend the final judgment to reflect its intent to protect the alimony as authorized in section
61.08(3), Florida Statutes.
509 So.2d at 364. We believe that the legislature's purpose in enacting section
61.08(3), Florida Statutes (1985) was to provide the trial courts with the authority to secure payment of the alimony awarded up to the amount of the insurance policy required where the receiving party's circumstances warranted it, i.e., poor health or lack of employability....
...The facts of the instant case reveal that appellee suffers from poor health and lack of employability, as did the wife in Clark. We find no error in the trial court's determination that appellee's alimony should be protected in light of the circumstances. However, in light of the conflicting interpretations of section 61.08(3), Florida Statutes (1985), in recent case law, and our belief that this issue raises a question of great public importance, we certify the following question to the Florida Supreme Court: Does § 61.08(3) Florida Statutes (1985) authorize a trial court to require an alimony paying spouse to maintain a life insurance policy securing said alimony award, such that upon the death of the paying spouse the receiving spouse is only entitled to receive from the insurance the sum total of any existing alimony arrearages? The trial court's judgment of dissolution is affirmed. ERVIN and BARFIELD, JJ., concur. NOTES [1] Section 61.08, Florida Statutes (1985), provides in pertinent part: 61.08 Alimony (1) In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be rehabilitative or permanent in nature....
CopyCited 7 times | Published | United States Bankruptcy Court, M.D. Florida | 1991 Bankr. LEXIS 1370, 1991 WL 191348
...lbeit she may obtain relief in her divorce proceeding because a trial Court could use its discretion to fashion a money award for the wife. Courts may take into consideration any factor necessary to "do equity and justice between parties." Fla.Stat. § 61.08; Gordon v....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 2142
...(1985); Canakaris,
382 So.2d at 1202. We agree with the husband, however, that the trial court erred in awarding lump sum alimony to the wife. Lump sum alimony may be awarded if there exists a justification for such lump sum payment and the other spouse has the ability to pay. See §
61.08, Fla....
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...and the whole marital picture furnish and form the fabric from which the award is to be cut, and if the court limits itself solely to the economics of the matter, it deprives itself of valuable factors that may aid in doing justice to the problem." Section 61.08(2), F.S....
...We are not unmindful of the decision of Vandervoort v. Vandervoort, Fla.App. 1972,
265 So.2d 77, which affirmed the trial judge's holding that he had the discretion not to consider the issue of adultery as it might affect the award of alimony under §
61.08, F.S....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22080815
...She testified that she did so because she enjoyed that field of study. She never intended to support herself with her degree because the couple's needs were met by Mr. LaFlam's benefits. In its detailed order denying alimony, the circuit court addressed the factors enumerated in section 61.08(2)(a)-(g), Florida Statutes (2000)....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...egarding a settlement agreement in a dissolution of marriage proceeding. Even if overreaching had not been proved in this case, we would be inclined to the view that Judge Sanderlin's decision not to enforce the settlement agreement finds support in section 61.08, Florida Statutes (1981), and in case authorities too well known and numerous to require citation, that a trial judge in a dissolution proceeding is called upon to do equity and justice between the parties....
...rate an unfair post-nuptial settlement agreement into a judgment of dissolution regardless of the voluntariness of execution and full disclosure. Del Vecchio and Posner do not hold otherwise, because they dealt with antenuptial agreements. NOTES [1] § 61.08....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1992 WL 338522
...y reasoned decision in regard to whether any of the points appellant raised requires reversal on the merits, including issues three and four. In failing to reduce its reasons to writing in the final judgment, the trial court violated that portion of Section 61.08(1), Florida Statutes (1991), providing: "In all dissolution actions, the court shall include findings of fact relevant to the factors enumerated in subsection (2) supporting an award or denial of alimony." [1] Without these critical fin...
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1992 WL 106470
...pay. The criteria for establishing the need of a spouse include the parties' earning ability, age, health, education, the duration of the marriage, the standard of living enjoyed during the marriage, and the value of the parties' estates. Canakaris; § 61.08, Fla....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...The lump sum award is also justified where necessary to insure fair and equitable distribution of the property. In making a lump sum award, the trial judge should keep in mind that a court "may consider any other factor necessary to do equity and justice between the parties." § 61.08, Fla....
...4th DCA 1979), even under the statutory provisions providing for modification of alimony. §
61.14, Fla. Stat. (1981). See Zimmer v. Zimmer,
328 So.2d 525 (Fla. 4th DCA 1976). It may be made payable in installments, Cann v. Cann,
334 So.2d 325 (Fla. 1st DCA 1976); §
61.08, and even when payable in installments, the lump sum award is still a fixed, vested amount....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2007 WL 700929
...he marriage, the standard of living enjoyed during its course, and the value of the parties' estates." Canakaris,
382 So.2d at 1201-02. The court may also consider any other factor necessary to do equity and justice between the parties. Id. at 1200; §
61.08(2), Fla....
...Bridge-The-Gap Alimony Although we have found no abuse of discretion in the trial court's award of permanent periodic alimony in this case, the trial court clearly expressed frustration during the proceeding with its lack of ability to consider a short-term alimony award to aid Nicole in making her transition to single life. Section 61.08, Florida Statutes, does not preclude such an award, and the other four district courts of appeal in Florida have expressly recognized bridge-the-gap alimony....
...ve been realized in the other appellate districts throughout the state of Florida where such awards are recognized. As for the legal authority to make a "bridge-the-gap" temporary alimony award, we see at least three compelling arguments for reading section 61.08 as providing trial judges with discretion to make such an award in appropriate cases....
...In summary, Borchard explains why it is clear that lump-sum alimony can be ordered in "installments, to help one spouse adjust financially to life after marriage."
730 So.2d at 749. The third argument, though not as precise, is just as compelling. In section
61.08, Florida Statutes, the Legislature has expressly directed trial courts to consider all factors necessary to do "equity and justice between the parties." It would be contrary to this language to hold that in a short-term marriage where one spouse has the ability to pay and the other has a compelling need for short-term support to transition into single life, section
61.08 must be construed narrowly as depriving the trial court of authority to make the needed short-term award. As a panel, we may not agree on which of these constructions is most appropriate. However, we all agree that section
61.08 is properly read as granting trial courts the discretion to award a short-term alimony award, even in instances where no plan for rehabilitation (in the narrow sense) is offered, when such an award is necessary to do equity and justice between the parties....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2004 WL 399040
...ived proceeds from the sale of the marital home totaling $64,555.77 as well as a commercial lot valued at $165,000 which he could either sell or lease. The wife, however, adduced no evidence of investment income available to the husband. Pursuant to section
61.08(2)(g), Florida Statutes, [1] investment income should be considered in determining support issues. McLean v. McLean,
652 So.2d 1178 (Fla. 2d DCA 1995) ("When a party receives an asset in equitable distribution that will result in immediate investment income, we see no reason for that income to be excluded from consideration under section
61.08(2)(g)")....
...Accordingly, the support awards and attorney's fees assessment are reversed and the cause remanded for further proceedings consistent with this opinion. In all other respects, the final judgment is affirmed. AFFIRMED IN PART, REVERSED IN PART and REMANDED. GRIFFIN and TORPY, JJ., concur. NOTES [1] Section 61.08(2)(g), Florida Statutes, provides that in determining alimony, "the court shall consider all relevant economic factors," including "all sources of income available to either party." [2] This subsection provides that the court may "after...
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...ness, denied permanent alimony, awarded appellant rehabilitative alimony in the amount of $400.00 per month for twelve months, and awarded each party the personal property they then had in their possession. The factors governing alimony contained in Section 61.08(2), Florida Statutes (1979), control the award made by the trial judge....
...ion, she had presented herself as a poor candidate for employment. We are not unmindful of the fact that the marriage of the parties was of a moderate duration, but taking into consideration the totality of the evidence and applying the standards of Section 61.08(2), Florida Statutes (1979), we have concluded that although the five years of marriage would tend to limit the amount of any award of alimony, the duration of a marriage in and *736 of itself does not preclude the trial judge from making an award of permanent, periodic alimony....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1444
...d the husband to purchase a policy. In addition to the circumstances described in McClung and its predecessors, the award of a life insurance policy is now permitted by statute. On January 1, 1985, before the rendition of the judgments in this case, section 61.08(3), Florida Statutes, became effective, providing that: To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to...
...n from the record before us whether the court, having characterized the award as "additional permanent alimony," intended the life insurance policy in itself to be lump sum alimony e.g., McClung, or as security for other alimony awarded to the wife, section 61.08(3), Florida Statutes....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 1847
...4th DCA 1985) (in absence of obligation from husband to wife which survives the death of husband, it is error to require the husband to maintain life insurance for wife's benefit). He does not contest the insurance provision for the child support or lump sum alimony. Section 61.08(3), Florida Statutes, effective January 1, 1985, provides in part: To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy ......
...2d DCA 1986), a distinction was recognized between an order that a spouse maintain life insurance *371 as a form of post mortem alimony, and an order that the spouse do so as security to protect the alimony awarded. See also Kooser v. Kooser,
506 So.2d 81 (Fla. 1st DCA 1987) (section
61.08(3) contemplates a factual setting in which there exists a need for security or protection of other alimony awarded the spouse)....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 19, 2009 WL 18678
...days from the date of the final judgment. The court also awarded the husband permanent alimony in the amount of $3,000 per month. In this appeal and cross-appeal, both parties correctly point out that while the final judgment tracked the language of section 61.08(2), Florida Statutes, it contained no specific findings of fact....
...ion of marriage is not sufficient to justify partition of the parties' jointly-held property." Martinez,
573 So.2d at 43. As for the alimony award, the wife claims that the trial court also again erred in failing to make findings of fact pursuant to section
61.08(1), Florida Statutes....
...Geoghegan,
969 So.2d 482, 485 (Fla. 5th DCA 2007) ("[i]n order to facilitate meaningful appellate review of the trial court's alimony determination, it is incumbent upon the trial court to include specific findings of fact regarding the factors enumerated in section
61.08(2)(a)-(g)")....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2017 WL 192029, 2017 Fla. App. LEXIS 481
...The court did not articulate the circumstances that justified requiring the husband to maintain life insurance to secure alimony. On appeal, the husband argues that the trial court erred because it did not consider all of the factors contained within section
61.08(2), Florida Statutes, before awarding the wife permanent alimony. We review the trial court’s alimony award for abuse of discretion. Ondrejack v. Ondrejack,
839 So.2d 867, 870 (Fla. 4th DCA 2003). Section
61.08(2), Florida Statutes (2015), lists ten factors that a court “shall consider” before awarding alimony....
...arty. (j) Any other factor necessary to do equity and justice between the parties. This statute requires the trial court to “include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony.” §
61.08(1), Fla. Stat. A court’s “failure to consider all of the mandated factors [of section
61.08] is reversible error.” Ondrejack,
839 So.2d at 870 (emphasis added)....
...Notably, although there was testimony that the wife could seek alternative employment as a nurse, an EKG technician, or a phlebotomist, the lower court failed to consider her “earning capacities, educational levels, vocational skills, and employability.” § 61.08(2)(e), Fla. Stat. We therefore reverse and remand for the trial court to consider all of the section 61.08(2) factors....
...nd determines that life insurance is required. Additionally, the court must state what “demonstrated need” justifies requiring that the husband maintain life insurance. In summary, we reverse and remand for the trial court to consider all of the section 61.08 factors in determining whether to grant the wife permanent alimony....
CopyCited 7 times | Published | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 105, 1998 Fla. LEXIS 475, 1998 WL 166533
..._______ County, along with any depository service charge ___ b. Both parties have requested that support payments not be directed through the Central Governmental Depository. However, either party may subsequently apply to the depository pursuant to 61.08, Florida Statutes, to require payments through the Central Governmental Depository....
...Both parties have requested and the court finds that it is in the best interests of the child(ren) that support payments need not be directed through the Central Governmental Depository. However, either party may subsequently apply to the depository pursuant to section
61.08 or
61.13, Florida Statutes, to require payments through the Central Governmental Depository....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1995 WL 63063
...Rutland a special equity in the home based on his original down payment made in purchasing the home. Mrs. Rutland appeals; we affirm in part and reverse in part. We affirm the denial of alimony. In its Judgment of Dissolution, the trial court properly considered the factors enumerated in section 61.08(2), including the "relatively short duration of the marriage," the marital and non-marital assets of each party, the fact that the marriage was childless and that the wife entered the marriage with virtually no assets, the fact that the...
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...me due to change in circumstances. * * * * * * "This Court retains jurisdiction of this cause and of the parties hereto as to matters relating to child custody and support, alimony and the enforcement of this Court's final judgment." Florida Statute 61.08 provides that alimony may be rehabilitative or permanent in nature....
...n to make orders as equity requires, with due regard to the changed circumstances or the financial ability of the parties * * * decreasing, increasing or confirming the amount of * * * alimony provided for in the agreement or order." Florida Statute 61.08(2) provides that in determining a proper award of alimony, the court may consider any factor necessary to do equity or justice between the parties....
...Change of circumstances, including ability of self support after children are `grown and gone' clearly justifies, depending upon the circumstances of each case, modification of alimony judgments. (Florida Statute
61.14)" In my view, F.S.
61.14, when construed in pari materia with F.S.
61.08(2), as well as the final judgment itself which specifically provided that the alimony was payable until "the further order of this Court" contemplated that the alimony was subject to modification, including termination....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1856842
...Cullen's request for alimony, finding simply that "she has indicated an ability [to] earn funds, provide for herself and that this is a short term marriage." All of these things are true. However, the court failed to make findings regarding the other economic factors listed in section 61.08, Florida Statutes (2002)....
...Therefore, we reverse this aspect of the final judgment and remand with directions to revisit the alimony question in light of all relevant economic factors. If need be, the court may take additional evidence on this issue. Its ultimate determination shall be accompanied by written findings of fact as required by section 61.08....
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 12502, 2011 WL 3477036
..."A trial court's decision with regards to the award of alimony is reversible only upon a showing that no reasonable person could arrive at such a result." Geddes v. Geddes,
530 So.2d 1011, 1016 (Fla. 4th DCA 1988) (citing Canakaris v. Canakaris,
382 So.2d 1197 (Fla.1980)). Further, section
61.08(2) lists the factors the trial court "shall consider" in determining whether a party is entitled to alimony; section
61.08(1) requires the court to include findings of fact relative to these factors....
...ving spouse is already employed, possesses adequate employment skills, and requires no further rehabilitation other than a brief time to ease the transition to single life.'" Cohen v. Cohen,
39 So.3d 403, 406 (Fla. 4th DCA 2010) (citations omitted). Section
61.08, Florida Statutes (2009), sets forth the requirements for awarding or denying alimony. The trial court "shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony." §
61.08(1)....
...contribution of each party to the marriage. We have held that the standard-of-living factor is not a "super factor trumping all other factors in awarding alimony." Jaffy,
965 So.2d at 828. However, the trial court must still consider it pursuant to section
61.08(2)(a)....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1997 WL 203661
...rding Former Wife permanent periodic alimony. We reverse and remand as to each of the four issues raised. In awarding Appellee permanent periodic alimony, the trial court merely found, "The Wife has met all the criteria set forth in Florida Statutes § 61.08 demonstrating a reasonable financial need established during the marriage of $1,500 per month." This blanket finding does not meet the directive of section 61.08(1) that the court "include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony." See, e.g., Collins v....
...3d DCA 1995)(reversing award of permanent periodic alimony and remanding for consideration of rehabilitative alimony). Without proper statutory findings, we cannot determine if Former Wife proved need for the alimony awarded. Accordingly, we reverse and remand for reconsideration and findings pursuant to section 61.08, Florida Statutes....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2008 WL 1774163
...e review. When awarding alimony, a trial court must make findings as to the recipient's need and the obligor's ability to pay, Walsh,
600 So.2d at 1223, and these findings must reflect a consideration of all relevant economic factors, as provided in section
61.08(2), Florida Statutes (2007)....
...tect the child support award. See §
61.13(1)(c), Fla. Stat. (2007). A trial court may not order a party to obtain life insurance without making factual findings regarding the necessity of such coverage. See Schoditsch,
888 So.2d at 709 (referencing section
61.08(3), Florida Statutes (2003), which permits a trial court to order a party to obtain life insurance as security for alimony "to the extent necessary to protect" the award)....
...Of course, this Court is not in a position to reach a conclusion as to that contention. Therefore, on remand, the trial court should make findings that reflect its consideration of whether Appellee needs $300.00 per month in alimony and whether Appellant has the ability to pay that amount, consistent with the requirements of section 61.08....
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 2005 WL 839976
...and involuntary." Rahn v. Rahn,
768 So.2d 1102, 1105 (Fla. 2d DCA 2000) (citing Pimm v. Pimm,
601 So.2d 534, 536 (Fla.1992)). In making an alimony determination, the court is required to consider "[a]ll sources of income available to either party." §
61.08(2)(g), Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2001 WL 1007801
...Next, we hold that appellant has not demonstrated that the trial court abused its discretion in the amount awarded as permanent periodic alimony. The trial court calculated the amount of the permanent periodic alimony award after considering the statutory factors set forth in section 61.08, Florida Statutes (1997)....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 12830, 2009 WL 2766653
...that amount; the parties maintained a fairly high standard of living, which included not only the marital home valued at $1,390,000, but a vacation home; and the wife was primarily responsible for raising their child and managing the household. See § 61.08, Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 15191, 2009 WL 3232651
...The trial court erred as a matter of law in denying alimony on the basis that the parties were married for ten years. We reverse and remand for further proceedings on the alimony determination. For purposes of remand, we point out that the trial court must make factual findings in the final judgment pursuant to section 61.08(1) that address the factors listed in section 61.08(2) to support its alimony decision....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2000 WL 1475749
...high Road property and the Park Lake condominium for the periods they were exclusively occupied by husband. Wife next argues that it was error to deny her permanent alimony without making findings of fact relative to each of the factors set forth in section 61.08(2), Florida Statutes (1997), as required by section 61.08(1)....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2001 WL 1174329
...marriage. He argues that the trial court erred (1) by failing to properly calculate his special equity in compliance with the formula adopted in Landay v. Landay,
429 So.2d 1197 (Fla.1983) and (2) by failing to make the findings of fact required by section
61.08, Florida Statutes....
...g that the husband had a special equity in the marital home but was not entitled to alimony. Unfortunately, the trial court did not make the findings of fact required to perform the Landay calculation, nor did it make all of the findings required by section 61.08, which governs alimony awards. We note that a trial court's blanket statement that it has considered *1126 all the statutory factors is insufficient to meet the statute's requirement that findings of fact "shall" be included as to the factors listed in the statute. § 61.08(1), (2), Fla....
...The trial court is free to re-examine the total spectrum of the asset distribution in the event that the recalculation requires that the asset distribution be changed. The husband's second argument, that the trial court's failure to make specific findings of fact as to each statutory factor as required by section 61.08(1) requires remand, also has merit....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...We do not imply, however, that the trial court did not have authority to make an award of lump sum alimony. As was pointed out in Canakaris v. Canakaris,
382 So.2d 1197 (Fla. 1980), the trial court has broad discretion in granting lump sum alimony consistent with the statutory mandate of section
61.08, Florida Statutes (1979), to consider any factor necessary to do equity between the parties....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2007 WL 1827238
...gular amount, or frequency of such cash. The trial court's finding as to his income is not supported by the evidence. The essential criterion for fixing an amount of alimony isafter a payee's needa present ability of the payor to sustain it. See § 61.08(2) Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 6324, 2011 WL 1661073
...We hold, however, that income from an IRA through a Regulation 72(t) withdrawal plan can be imputed to a spouse for purposes of determining an alimony obligation where the court can reasonably conclude that the principal of the IRA will not be invaded for the purpose of support. Section 61.08(2), Florida Statutes (2007), establishes the criteria to be considered by a court for an award of alimony to a spouse....
...We disagree that the court cannot look to the substantial IRA and annuity accounts it distributed to the wife as equitable distribution as a source of income for the purposes of determining alimony. First, the statute requires the court to look at the financial resources distributed to the party. § 61.08(2)(d), Fla....
...t for her to establish her need for alimony. The former *549 wife attempts to distinguish Donoff by suggesting that it merely directed the trial court to "consider" the IRA income without making imputation of income from the annuities mandatory. But section 61.08, Florida Statutes, requires that the court "consider" all of the foregoing factors....
...otential, or if their stocks were enrolled in dividend reinvestment programs which produced no "available" income to them, nothing should shield those assets from being considered *550 as capable of producing income. In fact, the Legislature amended section 61.08 last year to state specifically that the trial court shall consider "All sources of income available to either party, including income available to either party through investments of any asset held by that party." The legislative policy with respect to alimony is clear....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2013 WL 1955890, 2013 Fla. App. LEXIS 7789
...verse and remand for the trial court to reconsider this issue.”). In arriving at Mr. Kingsbury’s net income, the trial court must “make specific findings as to the former wife’s need for alimony and the former husband’s ability to pay. See § 61.08(2), Fla....
...res specific findings, and, “[w]hen awarding alimony, a trial court must make findings as to the recipient’s need and the obligor’s ability to pay, and these findings must reflect a consideration of all relevant economic factors as provided in section 61.08(2), Florida Statutes.”) (citation omitted)....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2000 WL 255923
...parties' assets were equitably distributed and the appellee was awarded permanent periodic alimony. We affirm the judgment except as to the requirement that the appellant provide a $100,000 life insurance policy to secure the alimony award. Although section 61.08(3), Florida Statutes, specifically provides that a court may order a party to secure an alimony award, the record must contain evidence regarding the cost and availability of the policy and the financial impact of the award upon the obligated party....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 3675, 2012 WL 716040
...If the circuit court concludes that a supportive relationship does exist, then it must decide whether to reduce or terminate the alimony obligation. Id. at 952-53. In the third step, the circuit court must consider the relevant economic factors for determining an award of separate maintenance or alimony outlined in section 61.08(2)....
...THE PARTIES' ARGUMENTS On his direct appeal, the Former Husband argues that the $1000 per month reduction in his alimony obligation is insufficient. The Former Husband supports his position by contending that the circuit court failed to give adequate consideration to sections 61.08(2)(d) (financial resources), (e) ("when applicable, the time necessary *1130 ......
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 776
...An important issue in this case is whether or not the trial court has the power or duty to examine a settlement agreement entered into by a husband and wife in anticipation of divorce for basic fairness, before accepting it and incorporating it into the final dissolution decree. Under section 61.08, Florida Statutes (1983), the trial court is charged with the duty of achieving "equity and justice" between the parties....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 8214, 2010 WL 2330249
...The Husband challenges this award in this appeal, contending that it constitutes an abuse of discretion because it exceeds the Wife's needs. We agree. An award of alimony must be based on the recipient spouse's need for alimony and the paying spouse's ability to pay. See § 61.08, Fla....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2008 WL 2356432
...The court accepted a .1% rate of return on the assets as a reasonable rate of return. The court reasoned that because the parties invested in stocks emphasizing growth during the marriage, the former wife would not be required to invest her stocks to produce a more reasonable rate of income post-divorce. Under section 61.08(2)(g), Florida Statutes, a court may consider all sources of income available to either party in computing alimony....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1999 WL 518821
...ditional income beyond her $13,000 annual Wal-Mart earnings appears appropriate. The alimony order does not mention the length of the marriagejust over 20 yearsand this is a factor to be considered in a determination of whether to award alimony. § 61.08(b), Fla....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1993 WL 274455
...Without such evidence, an automatic reduction in alimony is improper. Condren v. Condren,
475 So.2d 268 (Fla. 2d DCA 1985). We reverse and remand to the trial court to determine the amount of permanent periodic alimony the husband must pay the wife based on the relevant economic factors. Section
61.08, Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...ump sum alimony. But, for the court to have considered it is not improper. The statute pertaining to alimony provides that the court may consider "any factor" necessary to do equity and justice between the parties in awarding alimony. See Fla. Stat. § 61.08(2), F.S.A.; First National Bank v....
...This finding reflects the diligent effort undertaken by the trial court to weigh carefully both the husband's ability to pay alimony and the wife's needs therefor in the light of the standard of living enjoyed during marriage. We also point out that Section 61.08(1) provides that the trial court may award alimony in periodic payments or in lump sum or both....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1990 WL 95442
...fending spouse to pay the necessary medical expenses not covered by insurance and the . .. authority to consider any permanent injury, disfigurement, or loss of earning capacity caused by an intentional tort in establishing appropriate alimony under section
61.08, [Florida Statutes (1979)] particularly that provision which provides `the court may consider any other factor necessary to do equity and justice between the parties.'
415 So.2d at 24....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 11277, 2012 WL 2813867
CIKLIN, J. The former husband appeals an order denying his supplemental petition for modification of alimony. Because we are unable to determine if the trial court considered all applicable section 61.08(2) factors before concluding that the former husband’s alimony obligation should remain unchanged despite a substantial increase in the former wife’s earnings, we reverse and remand for further proceedings....
...olf v. Woolf,
901 So.2d 905, 912 (Fla. 4th DCA 2005). Once the former husband met his initial burden of proving that there was a substantial, permanent, and unanticipated change in circumstances, the trial court was required to consider the relevant section
61.08(2) factors to determine the appropriate amount of alimony, if any, that the former husband should still be obligated to pay. See Donoff v. Donoff,
940 So.2d 1221, 1223 (Fla. 4th DCA 2006) (holding that “all applicable section
61.08(2) factors *96 must be considered in modification proceedings under section
61.14.”)....
...mpelled to reverse the trial court’s denial of the former husband’s petition for modification of alimony, and remand for further proceedings. On remand, the trial court may take additional evidence if necessary, and it must consider all relevant section 61.08(2) factors in determining the appropriate amount, if any, of the former husband’s alimony obligation....
...he former wife, the trial court must also make “written findings of exceptional circumstances” to justify the award of alimony which leaves the former husband with “significantly less net income than the net income of’ the former wife. 2 See § 61.08(9), Fla....
...The amended final judgment reads in pertinent part: "There was testimony regarding the Wife’s wish for permanent placement and an increase in pay with Vision Research but there has [been] no offer made to the Wife for that position by the employer.” . We note that what is now subsection nine of section 61.08 was added by the Florida Legislature in 2011. Ch. 2011-92, §§ 79-80, at 1704, Laws of Fla. Although the former husband filed his petition for modification of alimony in August 2010, before the amendment's effective date, "[t]he amendments to s. 61.08, Florida Statutes, made by this act are applicable to all cases pending on ......
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...court erred in awarding permanent alimony rather than rehabilitative alimony. We cannot agree. It is within the discretion of the chancellor in a proceeding for dissolution of marriage to award either rehabilitative or permanent alimony. Fla. Stat. § 61.08(1), F.S.A....
...Further, as evidenced by the record, the chancellor properly considered the factor of the appellee's loss of seniority with National Airlines [by whom she was employed prior to the marriage] in considering the award of permanent alimony in order to do equity and justice between the parties. Fla. Stat. § 61.08(2), F.S.A....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 2367, 2014 WL 656748
...Canakaris,
382 So.2d 1197 (Fla.1980)). The purpose of permanent alimony is to “provide the needs and the necessities of life to a former spouse as they have been established by the marriage of the parties.” Canakaris,
382 So.2d at 1201 ; accord §
61.08(8), Fla. Stat. (2013). The primary factors to be considered in deciding to award alimony are the needs of one spouse and the ability of the other spouse to pay. Canakaris,
382 So.2d at 1201 . The alimony statute, section
61.08, Florida Statutes, provides that permanent alimony may be awarded “following a marriage of long duration if such an award is appropriate upon consideration of the factors set forth in subsection (2).... In awarding permanent alimony, the court shall include a finding that no other form of alimony is fair and reasonable under the circumstances of the parties.” §
61.08(8), Fla. Stat. Durational alimony, on the other hand, “may be awarded when permanent periodic alimony is inappropriate.” §
61.08(7), Fla....
...g a marriage of short or moderate duration or following a marriage of long duration if there is no ongoing need for support on a permanent basis.” Id. Both types of alimony remain subject to modification upon a substantial change in circumstances. § 61.08(7), (8), Fla....
...Hooten,
776 So.2d 1004, 1007 (Fla. 5th DCA 2001)). Neither age nor a spouse’s ability to earn some income will alone rebut the presumption. Id. There is also a rebuttable presumption that a marriage lasting seventeen years or longer is a long-term marriage. §
61.08(4), Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 556
...Second, we see no abuse of discretion in requiring the husband Jerome Benson to maintain the wife Minette Benson as an irrevocable beneficiary on his life insurance policies, to secure the awards made herein, until such time as Mr. Benson retires, inasmuch as Section 61.08(3), Florida Statutes (1985), specifically authorizes same....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 1998 WL 906506
...Currently, she lives frugally in a one bedroom apartment, which she considers very nice, in a complex *285 with a jogging path, a pool, a Jacuzzi, and a club house. In setting the amount of permanent alimony, the trial court considered the statutory requirements and applied them to the facts. See § 61.08(2), Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 20927, 2011 WL 6847810
...oviding necessary support.” Canakaris v. Canakaris,
382 So.2d 1197, 1202 (Fla.1980). Under the facts of this case, we conclude that the trial court abused its discretion. When awarding permanent periodic alimony, the trial court is obligated under section
61.08(2), Florida Statutes, to consider both the payee spouse’s need and the payor spouse’s ability to pay....
...Because the trial court’s modified alimony award effectively exhausts the former husband’s income, we conclude that the trial court abused its discretion. See Williams,
10 So.3d at 652-53 . We, therefore, reverse the trial court’s alimony award and remand for further proceedings. While under section
61.08(2), Florida Statutes, and well settled case law the trial court may consider net worth, past earnings, and the value of the parties’ capital assets, see Acker,
904 So.2d at 388 , the trial court cannot require the former husband to incur indebtedness to pay alimony....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1993 WL 135702
...ALTENBERND, Judge, concurring. I concur with three brief additional observations. First, the seven factors described in Canakaris for consideration in awarding permanent periodic alimony are similar, but not identical, to the statutory factors described in section 61.08(2), Florida Statutes (1991)....
CopyCited 6 times | Published | Supreme Court of Florida
...fending spouse to pay the necessary medical expenses not covered by insurance and the . .. authority to consider any permanent injury, disfigurement, or loss of earning capacity caused by an intentional tort in establishing appropriate alimony under section 61.08, [Florida Statutes 1979] particularly that provision which provides "the court may consider any other factor necessary to do equity and justice between the parties." Hill v....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2006 WL 1006883
..."`[T]he nature and amount of an award of alimony is a matter committed to the sound discretion of the trial court.'" Kovalchick v. Kovalchick,
841 So.2d 669, 670 (Fla. 4th DCA 2003) (quoting Geddes v. Geddes,
530 So.2d 1011 (Fla. 4th DCA 1988)). We review alimony awards for an abuse of discretion. Section
61.08(2), Florida Statutes (2004), requires the trial court to consider any relevant economic factors, including standard of living during the marriage, age, earning ability, value of each party's estate and contribution to the marriage. The trial court must make findings of fact regarding these indicia. §
61.08(1)....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 1998 WL 173054
...MacConnell 's requirement of findings under Mize has been, in effect, overruled by the statute. We find that there is sufficient evidence to support the temporary order and therefore affirm. STONE, C.J., and GUNTHER, J., concur. NOTES [1] E.g., alimony, §
61.08(1) and equitable distribution, §
61.075(3).
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 2226
...So.2d at 1202. The criteria to be used in establishing need include the parties' earning ability, age, health, education, the duration of the marriage, the standard of living enjoyed during its course, and the value of the parties' estates. Also see § 61.08, Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1993 WL 365854
...The wife also contends that the trial court erred by failing to award her either rehabilitative or permanent alimony. We disagree. "In determining a proper award of alimony, the court may consider any factor necessary to do equity and justice between the parties." Section 61.08, Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...The needs of the wife to care for her children are apparent and the only ability which the husband has to provide for those needs is by conveying to the wife as lump sum alimony the real estate owned by the husband in his sole name. Finally we note that Section 61.08(2), Florida Statutes (1975), provides: "In determining a proper award of alimony, the court may consider any factor necessary to do equity and justice between the parties." Certainly the consideration by the court that it had granted cu...
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2005 WL 2467051
...nclude the Husband's business income and the in kind payments from his medical practice in the calculation of his gross income. We agree. The provisions of chapter 61, Florida Statutes (2003), provide guidance on this point. With respect to alimony, section 61.08(2) provides, in pertinent part: In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to: ....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...1st DCA 1976); Horne v. Horne,
289 So.2d 39 (Fla. 2d DCA 1974). In making that award, the trial court should consider all relevant circumstances to insure equity and justice between the parties. Canakaris, supra . Palmar v. Palmar,
402 So.2d 20 (Fla. 3d DCA 1981); §
61.08, Fla....
...*311 of time, appellee should be compensated for the delay in receiving her alimony. The imposition of interest was one factor which the trial court could and did consider as necessary to do equity and justice between the parties. Canakaris, supra ; § 61.08, Fla....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1987 WL 1130
...*9 In reversing the trial court's life insurance provision in the amended judgment, we are not holding that life insurance may never be required as security for the payment of permanent periodic alimony. We agree with our sister court that there is no reason to limit the provisions of section 61.08(3), Florida Statutes (1985), to securing the payment of lump sum alimony....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1999 WL 979459
...The following opinion is substituted therefore. The trial court in the instant case granted a judgment of dissolution, awarded permanent periodic alimony, and distributed assets of the parties, all without the factual findings which are required under section
61.075(3) and section
61.08(1), Florida Statutes (1997)....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1993 WL 460650
...Neither party has significant financial resources other than marital assets. The marriage lasted less than 5 years, and there was no sacrifice of career or educational opportunities on the part of the wife, which, characteristically, would justify an alimony award. See § 61.08(2), Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 18190, 2009 WL 4164075
...Thus, we review the trial court's determination of the former wife's income for purposes of awarding alimony and child support in light of the former wife's contention that no competent substantial evidence in the record supports the sums. On the former wife's claim for permanent periodic alimony pursuant to section 61.08, Florida Statutes (2007), the trial court awarded her only $1.00 a year in nominal permanent alimony, thereby reserving jurisdiction to revisit this issue if the circumstances should justify it....
...e court found the former husband earned approximately $140,000.00 per year and the former wife earned approximately $85,000.00 per year. The former wife contends this figure for her yearly income is unsupported by any competent substantial evidence. Section 61.08(2), Florida Statutes (2007), states that in determining whether to grant alimony to either party, the trial court "shall consider all relevant economic factors, including but not limited to," "[a]ll sources of income available to either party." § 61.08(2)(g), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2000 WL 690380
...Former husband next contends that the trial court erroneously imputed to him the retained income of his construction company, an S-corporation, for alimony and child support purposes. We disagree and find that the record supports the award, and amount of, child and spousal support. See §
61.046(4), Fla. Stat. (1997); §
61.08(2)(g), Fla....
...To determine the need of a spouse, a court must look to the parties' earning ability, age, health, education, the duration of the marriage, the standard of living enjoyed during the marriage, and the value of the parties' estates. Canakaris,
382 So.2d at 1201-02; §
61.08, Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...gree with the trial court. In our opinion, based upon the facts in this case, the trial court erred in awarding such alimony to appellee because the record fails to show any basis for the award. See Kennedy v. Kennedy,
303 So.2d 629 (Fla. 1974); and §
61.08, Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1995 WL 316328
...ng. The Husband also contends that the trial court erred in failing to make findings of fact to support the award of permanent alimony and therefore, even if permanent alimony is justified, this court cannot review the appropriateness of the amount. Section 61.08(1) requires that the trial court make findings of fact relative to the factors listed in subsection (2)....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...The court determined that, in view of the poor state of health of the parties and the absence of personal assets which the wife could utilize in sustaining herself for her remaining years, the lump sum award of $80,000.00 was proper. Moreover, acting pursuant to the authority contained in § 61.08, Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2013 WL 811819, 2013 Fla. App. LEXIS 3517, 38 Fla. L. Weekly Fed. D 536
...Law & Analysis A. Imputation of Income For alimony purposes, trial courts can impute income to a voluntarily unemployed or underemployed spouse in determining the parties’ earning capacities, sources of income, and financial circumstances. See § 61.08(2)(e), (i), (j), Fla....
...Alimony The former wife had the burden to prove her actual need and the former husband’s ability to pay alimony. Demont v. Demont,
67 So.3d 1096, 1101 (Fla. 1st DCA 2011). The trial court was required to make specific factual findings regarding these factors. §
61.08(2), Fla....
...After the court determined that the former wife needs alimony and the former husband is able to pay, *289 subsection (2) required the court to consider all the relevant factors enumerated therein in determining the proper type and amount of alimony. § 61.08(2)(a)-(j). The Legislature has recognized that some spouses need transitional or “bridge-the-gap” alimony. See § 61.08(5), Fla....
...acquire the credentials that will render her more marketable in the workplace. Assessing her actual need as $2,000.00 monthly, the court awarded this amount in bridge-the-gap alimony for twenty-four months. Durational alimony, which is authorized by section 61.08(7), Florida Statutes (2011), is “an intermediate form of alimony between bridge-the-gap and permanent alimony.” Nousari v....
...An award of permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award may be modified or terminated based upon a substantial change in circumstances or upon the existence of a supportive relationship in accordance ■with s.
61.14. §
61.08(8), Fla....
...; Margaretten v. Margaretten,
101 So.3d 395 , 396 & n. 1 (Fla. 1st DCA 2012). The parties were married for twenty-seven years. It is a rebuttable presumption that “a marriage having a duration of 17 years or greater” is a long-term marriage. §
61.08(4), Fla....
...Finally, she contends that the evidence regarding their marital assets belies the finding that the parties lived a very modest marital lifestyle and struggled to survive financially. “Permanent alimony may be awarded following a marriage of long duration.” § 61.08(8)....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1998 WL 135123
...The judgment thus either requires clarification or correction. See Sugrim v. Sugrim,
649 So.2d 936. Laurie additionally argues that the trial court erred when it denied her request for rehabilitative alimony without entering any written findings justifying denial. Section
61.08(1),(2), Florida Statutes (1993), requires entry of written findings supporting an award or denial of a request for alimony....
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...al forecaster, whereas in this case, there was no evidence of any adverse impact or financial disadvantage which would be visited upon the husband should he comply with the discovery obligations ordered by the court. The trial court noted that under section 61.08, Florida Statutes (1985), it was required in determining the proper award of alimony to consider all relevant economic factors including, but not limited to, the financial resources of each party....
...ty and the standard of living enjoyed during the marriage. The trial court's confusion of these fundamentally different issues is plainly evident from the portion of the lower court order quoted in the majority opinion, which refers to provisions in section 61.08, Florida Statutes (1985), as requiring consideration of all relevant economic factors, including the financial resources of each party, in setting alimony, and which further states that the court must have before it some knowledge of th...
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1752256
...5th DCA 2002). The trial court ordered the Husband to pay thirty-two percent of his pension to the Wife as permanent periodic alimony. We cannot sustain this alternative for distribution absent the statutorily required findings for an alimony award. See § 61.08(2), Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 7615, 2009 WL 1675735
...The trial court awarded the condominium and its contents to the Husband, and awarded the Wife $250,000 in lump sum alimony, which represents one-half of the equity in the condominium. Finally, as to alimony, the trial court, after weighing the statutory factors set forth in section 61.08(2), Florida Statutes (2008), awarded permanent periodic alimony to the Wife in the amount of $5,500 per month....
...distribution"). *623 B. Whether the Trial Court Abused its Discretion by Awarding Permanent Periodic Alimony to the Wife and Whether the Amount Awarded was an Abuse of Discretion The Husband contends that based on the statutory factors set forth in section 61.08(2), Florida Statutes (2008), [2] the trial court abused its discretion by awarding permanent periodic alimony to the Wife....
...he amended order granting the wife's motion for relief from admissions. Affirmed in part, reversed in part, and remanded for further proceedings. NOTES [1] The Husband raised an issue as to this order, but we conclude that the issue lacks merit. [2] Section 61.08(2) provides as follows: (2) In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to: (a) The standard of living established during the marriage....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2008 WL 2403703
...A trial court's alimony award is reviewed under the abuse of discretion standard. See Canakaris v. Canakaris,
382 So.2d 1197, 1202-03 (Fla.1980). When awarding permanent periodic alimony, the *1068 court must consider the statutory factors set out in section
61.08, Florida Statutes (2004), including the payee spouse's needs and the payor spouse's ability to pay....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1994 WL 391334
...Rather, we find that it is within the broad range of discretion afforded to the lower court in determining alimony. See Canakaris v. Canakaris,
382 So.2d 1197 (Fla. 1980). It should also be noted that the amended final judgment contains sufficient findings so as to comply with section
61.08(1), Florida Statutes (1991)....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...y, but that the court may accept a portion of such agreement and reject a portion of it. Dawkins v. Dawkins, Fla.App. 1965,
172 So.2d 633; ..." In the case at bar, it is obvious that the trial court invoked in part the recently enacted provisions of Section
61.08, Florida Statutes, F.S.A., which permit award of rehabilitative alimony which is court approved in Melin v....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1996 WL 382274
...The trial court found that the husband's earning ability was almost twice that of the wife's, and that the husband had nonmarital assets in excess of $400,000. The record supports these findings, which are permissible considerations for an award of alimony under section 61.08(2)(d), (g), Florida Statutes (1993)....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...Rehearing Denied February 6, 1979. Mason & Meyerson and William John Mason, Miami, for appellant. Lee, Murphy & Coe and Jack Coe, Miami, for appellee. Before PEARSON, HUBBART and SCHWARTZ, JJ. PER CURIAM. Affirmed. Shaw v. Shaw,
334 So.2d 13 (Fla. 1976); §
61.08(1), Fla....
...Pro, *476
300 So.2d 288 (Fla. 4th DCA 1974); cf. Williamson v. Williamson,
353 So.2d 880 (Fla. 1st DCA 1977); Oliver v. Oliver,
285 So.2d 638 (Fla. 4th DCA 1973); Annot., Fault in Consideration of Alimony Award, 86 A.L.R.3rd 1116 (1978). I do not conceive, however, that §
61.08(1) Fla....
CopyCited 5 times | Published | United States Bankruptcy Court, S.D. Florida. | 13 Fla. L. Weekly Fed. B 78, 2000 Bankr. LEXIS 6
...In light of the gross disparity in the parties' respective earning abilities and of Bonnie Cannon's insubstantial monetary contribution to the marriage, it appears that the greater part of the $90,000 equitable distribution is best characterized as rehabilitative alimony. See § 61.08, Florida Statutes....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 219
...Mahaffey,
401 So.2d 1372 (Fla. 5th DCA 1981). In fashioning an equitable distribution of the parties' property, the trial court in this case not only considered the amount of the assets, but the nature of the assets, and all other factors set forth in section
61.08, Florida Statutes (1983)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2012 WL 400537, 2012 Fla. App. LEXIS 1863
...4th DCA 2010) (finding the trial court abused its discretion in a dissolution proceeding for imputing income to the former wife that was inconsistent with the court's other findings). We remand for entry of a consistent order regarding timesharing. Permanent Periodic Alimony Section 61.08(1), Florida Statutes (2006) states, "In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be rehabilitative or permanent in nature.....
...The court may consider any other factor necessary to do equity and justice between the parties. "In order to facilitate a meaningful appellate review of the trial court's alimony determination, it is incumbent upon the trial court to include specific findings of fact regarding the factors enumerated in section 61.08(2)(a)-(g)." Geoghegan v....
...ning February 1, 2010 and continuing on the 1st day of each and every month thereafter until the death of either party, the Wife's remarriage, or further order of the Court." The trial court clearly failed to include the factual findings required by section 61.08, and the failure to do so precludes meaningful review....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2004 WL 231223
...4th DCA 2001) (child support for two children required to be recalculated based upon each parent's net income). Secondly, the trial court erred by awarding permanent periodic alimony without making sufficient factual findings concerning the statutory factors under section
61.08(2), Florida Statutes (2001). Segall v. Segall,
708 So.2d 983, 987-88 (Fla. 4th DCA 1998). Although the court tracked the language of section
61.08(2), it neglected to make any findings of fact pertaining to those factors....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2001 WL 173211
...The husband testified that his brother owns one-half of the promissory note. The court heard testimony that the husband had canceled his existing life insurance coverage shortly before trial and apparently provided for this security arrangement in light thereof. We strike the award. Section 61.08(3) of the Florida Statutes (1999) provides that, to the extent necessary to protect an award of alimony, the trial court can order an obligor spouse to secure his obligation with any assets which may be suitable for that purpose, including but not limited to, life insurance coverage or a bond....
...beneficiary. In this case the insurance company would pay the proceeds to the wife upon the death of the husband. Neither the husband nor his estate would be obligated to make any payments to the wife. Thus, the concern that a broad construction of section 61.08(3) would permit postmortem alimony is unfounded....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...The wife, however, retained both the home and the building following the dissolution of the parties' marriage. Further, we do not think the services provided by the wife were "made over and above the performance of normal marital duties." Duncan v. Duncan,
379 So.2d 949 (Fla. 1980); see §
61.08, Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1994 WL 43409
...require appellee (the husband) to pay some or all of her attorney fees constituted an abuse of discretion. We affirm as to the former two issues without discussion. However, we reverse and remand for further proceedings as to the latter two issues. Section 61.08(2), Florida Statutes (1991), which controls as to the issue involving the amount of permanent periodic alimony, reads: (2) In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors,...
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2004 WL 384151
...assets. The Former Wife could elect not to pay the balancing payment and would then receive $29,307.25 more in assets than the Former Husband. Furthermore, the trial court failed to make the appropriate factual findings to justify an alimony award. Section 61.08(1), Florida Statutes (2002), states that "[i]n all dissolution actions the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony." It is well established that...
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2004 WL 2903887
...Dick,
843 So.2d 942 (Fla. 4th DCA 2003); Forrest v. Ron,
821 So.2d 1163 (Fla. 3d DCA 2002). Additionally, before ordering a party to obtain and maintain a life insurance policy, the court is required to make findings regarding the necessity for such coverage. See §
61.08(3), Fla....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 1993 WL 495975
...The final judgment of dissolution of marriage is affirmed except to the extent of the award of permanent periodic alimony. The final judgment is vacated to the extent of the permanent periodic alimony award and the cause is remanded to the trial court for findings of fact as required by section 61.08(1), Florida Statutes (1991)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 21630, 2012 WL 6554552
...thly expenses, excluding children’s expenses, were $17,907 per month. The trial court awarded the former wife permanent periodic alimony in the amount of $30,000 per month: With respect to alimony, the Court has considered the factors set forth in Section 61.08(2), Florida Statutes....
...alimony obligation would be deminimus [sic], especially when considering the tax implications associated with comparing different alimony scenarios. [[Image here]] With respect to alimony, the Court has carefully considered the factors set forth in Section 61.082, Florida Statutes....
...Demont,
67 So.3d 1096 (Fla. 1st DCA 2011) (quoting Engesser v. Engesser,
42 So.3d 249, 250 (Fla. 5th DCA 2010)). We, therefore, review the trial court’s order for abuse of discretion. Need and Ability To Pay In considering an award of alimony under section
61.08(2), Florida Statutes, the trial court must determine whether either party has an actual need for alimony and whether either party has the ability to pay alimony, and then examine “all relevant economic factors, including but not limit...
...Rabbath v. Farid,
4 So.3d 778, 785 (Fla. 1st DCA 2009) (quoting Smith v. Smith,
737 So.2d 641, 643 (Fla. 1st DCA 1999)). A final judgment is legally deficient where it fails to include sufficient findings of fact to support the alimony award in light of the section
61.08(2) factors....
...1st DCA 2009). A trial court abuses its discretion, however, when it fails to include findings to demonstrate that it properly considered the statutory factors or the evidence in the record. See Swanston v. Swanston,
746 So.2d 566, 567-68 (Fla. 1st DCA 1999). Section
61.08(2) requires the trial court to include findings of fact in regard to “all relevant economic factors,” including “[a]ll sources of income available to either party” and “any other factor necessary to do equity and justice betwe...
...On remand, the court may reevaluate its determinations in regard to other matters raised by the parties as may become necessary based on its findings. REVERSED AND REMANDED. THOMAS and ROWE, JJ„ and GLANT, DAVID A., Associate Judge, concur. . The nine factors identified in 61.08(2) include (a) the standard of living established during the marriage; (b) the duration of the marriage; (c) the age and the physical and emotional condition of each party; (d) the financial resources of each party, the nonmar-ital and the mari...
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...McClelland admitted that the marriage is broken and moved to strike as irrelevant all of the quoted allegations except the last six words. The trial court denied that motion and the husband appealed from the interlocutory order. Appellant's answer seeks neither alimony [as to which see § 61.08(1), F.S....
...ctivities may be pertinent to the questions of alimony. Pro v. Pro,
300 So.2d 288 (Fla.App.4th, 1974). The legislative mandate is that the court "consider any factor necessary to do equity and justice between the parties" in respect to alimony. Sec.
61.08(2), F.S....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1998 WL 438808
...fe's only income. In considering an alimony award, the trial court must consider, among other things, the monetary needs of the receiving spouse and the ability of the other spouse to pay. Weeks v. Weeks,
416 So.2d 811, 812 (Fla. 4th DCA 1982); also §
61.08(2), Fla....
...Security for Former Husband's Alimony and Child Support Obligations Below, the former wife asked that the former husband be required to secure his alimony and child support obligations with a life insurance policy or some other asset; however, the final judgment does not address this issue. Section 61.08(3), Florida Statutes (1995) provides that "[t]o the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise...
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1989 WL 86790
...*988 We recognize that chapter 61 must be liberally construed to protect the spouse from possible harm. §
61.001, Fla. Stat. (1987). Dissolution proceedings are proceedings in chancery. The trial court has broad equitable powers and statutory authority to enforce orders awarding equitable distribution or alimony. §
61.08-61.12, Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1996 WL 476882
...urt established her need for permanent periodic alimony, and the trial court failed to include a rehabilitation plan and goal, as required by Florida law. The trial court summarily denied the wife's motion for rehearing. The applicable provisions of section 61.08, Florida Statutes (1993), state: (1) In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be rehabilitative or permanent in nature....
...Bible,
597 So.2d 359, 361 (Fla. 3d DCA 1992). In this case, the trial court failed to make specific findings to support either the amount of alimony awarded, or the decision to make that alimony rehabilitative. In this regard, the final judgment fails to comply with section
61.08(1), Florida Statutes....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 12794, 2011 WL 3558151
...(requiring child support to be calculated based on the parents' net income). In determining the amount of alimony on remand, the trial court shall make specific findings as to the former wife's need for alimony and the former husband's ability to pay. See § 61.08(2), Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...o whether the payment of alimony allowed should be ordered to be made by periodic payments or by lump sum payment or by both. However, authority to choose the method of payment of alimony was not granted by law to the petitioner but to the court, by Section 61.08, Florida Statutes (1977)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2004 WL 1779118
...to the schedule provided in the final judgment. The husband next argues that it was error for the trial court to require him to maintain a $100,000 life insurance policy with the wife as the beneficiary to protect the award of lump sum alimony. [1] Section 61.08(3), Florida Statutes (2003), provides: To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure...
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2003 WL 1824439
...han a gift. Based on the foregoing, we reverse and remand for reconsideration of the equitable distribution award. Because the lower court considered the equitable distribution award in the denial of permanent alimony, as should be done according to Section 61.08(2)(d), Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2014 WL 1356057, 2014 Fla. App. LEXIS 5098
...ourt’s Order Granting Attorney’s Fees. As her first point on appeal, Former Wife argues the trial court erred in finding the parties’ Marital Settlement Agreement (“MSA”) unambiguously provided for bridge-the-gap alimony as contemplated in section 61.08(5), Florida Statutes (2010), and, therefore, erred in refusing to enforce the provision because of her remarriage....
...owed by an amended motion filed in January 2013. At the ensuing hearing, there was no dispute over Former Husband’s failure to abide by the trial court’s May 2011 enforcement order and the final judgment. He argued, however, that by operation of section 61.08(5), his alimony obligation ceased au- *1148 toraatically upon Former Wife’s remarriage....
...urt must enforce that agreement as a matter of contract). But cf. Franks v. Franks,
86 So.3d 1252 (Fla. 1st DCA 2012) (holding that the bridge-the-gap alimony the trial court awarded to the wife, absent an agreement, exceeded the period permitted by section
61.08(5), and remanding case to the trial court to clarify the nature of the alimony awarded)....
...A is clear and unambiguous. The alimony agreed to by the parties is non-modifiable and in the amount of $500, to be paid monthly for three (3) years. No provision was included stating the alimony would cease upon Former Wife’s remarriage. Although section 61.08(5) does contain that proviso, that fact is not determinative of our analysis....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1120
...ired the husband to protect his alimony obligation with life insurance. We affirm in part and reverse in part. Initially, we affirm the trial court's denial of the wife's request that the husband purchase insurance to protect his alimony obligation. Section 61.08(3), Florida Statutes (1985), "merely provides a discretionary choice for the trial court." Pastore v....
...1986). Further, it is obvious that the wife's request for life insurance was to perpetuate the payment of alimony subsequent to the husband's death. As discussed in Sobelman v. Sobelman,
490 So.2d 225 (Fla. 2d DCA 1986), it is questionable whether section
61.08(3) legitimizes what is otherwise a prohibition against ordering a spouse to maintain life insurance as a form of "postmortem alimony." Rather, we agree with the Sobelman court that section
61.08(3) contemplates a factual setting in which there exists a need for security or protection of other alimony awarded to the spouse, for example, a lump sum award....
...3d DCA 1987) (finding no abuse of discretion in the court's requiring the husband to maintain the wife as an irrevocable beneficiary on his life insurance policies to secure alimony awards made in final judgment until such time as the husband retires, inasmuch as section 61.08(3) specifically authorizes same, and the order specifies that alimony obligations cease upon the husband's death so that any proceeds from the life insurance could not go to the wife as invalid postmortem alimony should the husband die prior to retirement)....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 780
...circumstance in itself tending to justify concern for the protection of the wife's interests. In such circumstances, we hold that the trial court did not err as a matter of law in securing the wife's award through the use of the lien mechanism. Cf. section 61.08(3), Florida Statutes, effective January 1, 1985, allowing a trial court, to the extent necessary to protect an award of alimony, to secure the alimony with "other assets suitable to the purpose." Finally, we reject the husband's challen...
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 2017 WL 1536015, 2017 Fla. App. LEXIS 5908
...In essence, the trial court’s ruling was analo *1168 gous to requiring the Husband to purchase and pay for life insurance to secure his alimony obligation to the Wife—a requirement clearly within the trial court’s discretion to impose. 2 See Sobelman v. Sobelman,
541 So.2d 1153, 1154-55 (Fla. 1989) (holding that section
61.08(3), Florida Statutes, permits a trial court to order an obligated spouse to obtain life insurance or similar security to protect the receiving spouse’s alimony award in appropriate circumstances); Wrinkle v....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1993 WL 128854
...The trial court may also revisit the entire scheme of distribution, should it find it necessary to do so in light of its decision regarding the amount of permanent periodic alimony to be awarded. The trial court shall also support its decision with findings of fact, as required by law. § 61.08, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1995 WL 46607
...*1025 If a trial court and the attorneys, at the conclusion of testimony, are discussing resolution of the issues as here then that discussion requires a punctilious and complete mental checklist of the issues and the findings required by law. Here, noncompliance with section 61.08, Florida Statutes (1991), makes the non-award of alimony insupportable....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...out: "First, the District Court found that the award of $100,000 in the form of lump sum alimony to Mrs. Bosem in addition to substantial periodic alimony represented an abuse of discretion on the part of the trial judge. We cannot agree. Fla. Stat. § 61.08, F.S.A....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2004 WL 2101732
...In the former husband's appeal of the first final judgment of dissolution, this court affirmed the order assessing attorney's fees and costs against the former husband, but reversed the alimony award to the former wife, and remanded for the trial court to make the findings required by section 61.08, Florida Statutes (2001)....
...discussion or evidence concerning this language presented at the hearing on remand. The court denied the motion. With regard to the trial court's findings to support the alimony award, we agree with the former husband that they are still inadequate. Section 61.08(2)(a)-(g), Florida Statutes (2003), requires that the trial court consider seven specific factors....
...inancial positions after equitable dissolution, other sources of income available to them, if any, the contribution of each party to the marriage, and the possibility that the former wife could obtain sufficient education to maintain employment. See § 61.08, Fla....
CopyCited 4 times | Published | Supreme Court of Florida | 26 Fla. L. Weekly Supp. 13, 2000 Fla. LEXIS 2272, 2000 WL 1352932
...county}_County, along with any depository service charge. _ b. Both parties have requested that support payments not be directed through the Central Governmental Depository. However, either party may subsequently apply to the depository pursuant to section 61.08, Florida Statutes, to require payments through the Central Governmental Depository....
...Both parties have requested and the court finds that it is in the best interests of the child(ren) that support payments need not be directed through the Central Governmental Depository. However, either party may subsequently apply to the depository pursuant to section
61.08 or
61.13, Florida Statutes, to require payments through the Central Governmental Depository....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2013 WL 5538741, 2013 Fla. App. LEXIS 15921
...Because the trial court failed to do so in this case, we reverse and remand for further proceedings. 1 We acknowledge the trial court entered a final judgment with findings of fact and conclusions of law, but as we discuss below, we find the final judgment deficient. Alimony Section 61.08(2), Florida Statutes (2010), mandates that the trial court evaluate “any relevant economic factors, includ *963 ing standard of living during the marriage, age, earning ability, value of each party’s estate and contribution to the marriage.” Ryan v....
...4th DCA 2003) (“A failure to consider all of the mandated factors is reversible error.”) (citation omitted); Koski v. Koski,
98 So.3d 93, 96 (Fla. 4th DCA 2012) (reversing because appellate court could not determine if trial court considered all applicable section
61.08(2) factors)....
...Further, the order completely fails to make any factual findings regarding the missing four factors; as a result, the order is insufficient to support an award of alimony. Therefore, we reverse so that the trial court may have an opportunity to make factual findings in accordance with section
61.08(2). Segall v. Segall,
708 So.2d 983, 986-87 (Fla. 4th DCA 1998) (“Although the court’s final judgment tracked the language of section
61.08(2) in discussing the factors it considered, it failed to make findings of fact relative to those factors.”)....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1993 WL 424190
...r (2) where one of the parties is mentally incapacitated. Bigamy is not listed as a ground for dissolution of marriage. Alimony is provided for either party under Florida law, but only "in a proceeding for dissolution of marriage." Florida Statutes, section 61.08 (1991)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1998 WL 821758
...This presumption is adopted as a presumption under s.
90.302(2) to implement the public policy of this state that children shall be maintained from the resources of their parents and as provided for in s.
409.2551, and that spouses be maintained as provided for in s.
61.08." [emphasis supplied] §
61.14(5)(a), Fla.Stat....
...hout regard to the presumption."). [4] §
90.302(2), Fla.Stat. (1997) ("A presumption affecting the burden of proof that imposes upon the party against whom it operates the burden of proof concerning the nonexistence of the presumed fact."). [5] See §
61.08(2)(d) and (g), Fla.Stat....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 32 Fla. L. Weekly Fed. D 2807
...Montanez,
697 So.2d 184, 186 (Fla. 2d DCA 1997). Alimony The trial court awarded the Wife alimony in the amount of $3000 per month. The Husband argues that the trial court failed to make a specific factual finding as to "[a]ll sources of income available to either party." See §
61.08(2)(g), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21012643
...At the time of the filings the parties had been married twenty-four years. Because of the long term of the marriage, there is an initial presumption that permanent alimony is proper. Additionally, the trial court is required to support its alimony decisions with factual findings. § 61.08(1), Fla....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1989 WL 43805
...assets ($48,000 or 76% to Susie and $16,506 or 24% to John). [2] On remand, the lower court shall make an equitable distribution of the *468 parties' marital assets. After doing so, it may consider anew an award of alimony, periodic or lump sum. [3] § 61.08(2), Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1999 WL 333133
...y whether credit is to be applied for any part of those costs at final sale. With regard to the second issue, appellant maintains the trial court erred in its determination of the amount of alimony awarded to the former wife. The statute applicable, section 61.08, mandates that a court "include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony." Subsection (2) of the statute sets forth seven economic factors which the court is required to consider in its determination of an alimony award....
...ermination of entitlement to alimony. See McCarty v. McCarty,
710 So.2d 713, 714 (Fla. 1st DCA 1998). The wife's earning ability is one factor to be considered in an award of alimony, but is not by itself dispositive, where, "based on the factors in section
61.08, need is demonstrated and the husband has the ability to pay." See Fabre v....
...ies discussed in McClung, and also fails to give proper consideration to the former wife's needs and the former husband's ability to pay. Moreover, there is nothing to indicate the trial court considered all of the factors enumerated in section *542 61.08(2)....
...[2] The problems with the amount of the alimony award are apparent even without a transcript of the final hearing. In the circumstances of this case, we are constrained to reverse and remand the permanent periodic alimony award, with directions to readdress the amount of the alimony award using the factors specified in section 61.08(2)....
...home will cease upon remarriage or death of the former husband; (2) allocate financial responsibility as to the mortgage, taxes, and other costs associated with the marital home; and (3) readdress the issue of alimony, using the factors specified in section 61.08(2)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 29 Fla. L. Weekly Fed. D 1240
...demonstrated whether the trial court considered the Wife's ability to support herself during and after the rehabilitative period in a manner reasonably commensurate with the marital lifestyle, and findings relating to the economic factors listed in section 61.08(2), Florida Statutes (1997)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...In all other respects the order appealed from is affirmed. Affirmed in part; reversed in part and remanded. NOTES [1] Indeed, if the so-called no-fault divorce statute had been in effect at the time of the divorce, the wife might have been required to pay alimony to the husband. Section 61.08(1), Florida Statutes (1975)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 7628, 2015 WL 2393332
...appellant failed to bring deficiency to attention of trial court); Mathieu v.
Mathieu,
877 So. 2d 740 (Fla. 5th DCA 2004) (same); Esaw v. Esaw,
965
So. 2d 1261 (Fla. 2d DCA 2007) (finding that, in absence of transcript, wife
could not demonstrate lack of findings required by sections
61.08,
governing alimony, and
61.075, governing equitable distribution, required
reversal). We thus reverse the 60/40 distribution and remand the matter
so the trial court can make the required factual findings.
Alimony
Section
61.08, Florida Statutes (2013), authorizes the award of
alimony, with subsection (2) of the statute setting forth a variety of factors
that the court “shall consider” in determining the amount and type....
...The
statute specifically requires that the trial court make factual findings
2
regarding these factors: “In all dissolution actions, the court shall include
findings of fact relative to the factors enumerated in subsection (2)
supporting an award or denial of alimony.” § 61.08(1), Fla. Stat. (emphasis
added).
Here, the final judgment never references section 61.08 and, while
some of the findings could be fairly read to correlate with the factors set
forth in section 61.08(2), other factors are wholly ignored. A trial court
errs where, as here, it fails to make the findings required by section 61.08.
See Patino v....
...that the trial court ‘shall consider’ in determining a proper award of
alimony. A failure to consider all of the mandated factors is reversible
error.”). The judgment is also deficient for failing to look to the parties’ net
incomes in assessing need and ability to pay. See § 61.08(2), Fla....
...for alimony and the ability to pay alimony); Kingsbury v. Kingsbury,
116
So. 3d 473, 474 (Fla. 1st DCA 2013) (recognizing ability to pay should be
based upon net income). We thus reverse the alimony award and remand
so the trial court can make the findings required by section
61.08.
Rental Income
Finally, we reach the husband’s claim regarding the $1400 in rental
income....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 1264
...becomes an issue in the litigation. The first context in which the husband's sexual activity may become relevant in these dissolution proceedings is the court's statutory authority to take a party's adultery into account on the issue of alimony. See § 61.08(1), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1999 WL 308823
...lities. . . . . (7) All assets acquired and liabilities incurred by either spouse subsequent to the date of the marriage and not specifically established as nonmarital assets or liabilities are presumed to be marital assets and liabilities. See also § 61.08(1), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1990 WL 33513
...a beneficiary on them and that they be kept in force. See also Sobelman v. Sobelman,
541 So.2d 1153 (Fla. 1989), which holds that the court may order an obligor spouse to provide life insurance to protect an award of alimony to a spouse pursuant to section
61.08(3), Florida Statutes (1985)....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 864
...Williamson,
367 So.2d 1016, 1018 (Fla. 1979); Williamson v. Williamson,
353 So.2d 880, 882 (Fla. 1st DCA 1977), modified on other grounds,
367 So.2d 1016 (Fla. 1979); McAllister v. McAllister,
345 So.2d 352, 354-55 (Fla. 4th DCA 1977), cert. denied,
357 So.2d 186 (Fla. 1978); §
61.08(1), Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 3903, 2011 WL 1007377
...urt improperly treated the Husband's police vehicle as an "in kind" benefit in computing his income, a recalculation of the Wife's alimony is required. Additionally, when considering the parties' "standard of living established during the marriage," § 61.08(2)(a), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2002 WL 429065
...The final judgment does not specify which debts the trial court was referring to, nor does it state the amount of debt or when and how the husband is to pay the debts. The wife contends that in the final judgment the trial court failed to make the findings of fact required by sections
61.08(2) and
61.075(3), Florida Statutes (1999)....
...In particular, the wife complains about the trial court's failure to identify the amount of the marital debt. Section
61.075(3)(c) provides that any distribution of marital assets or liabilities shall be supported by specific written findings of fact. Section
61.08(2)(d) requires the trial court to make findings regarding the financial resources of the parties including the liabilities distributed to each....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1998 WL 282768
...volutionA Critique of Recent Proposals to Reform No-Fault Divorce Laws, 49 Stan. L.Rev. 607 (1997), Chapter 61 does contain provisions which under certain circumstances allow a trial court to take into consideration a party's conduct. For example, section
61.08(1), Florida Statutes (1995), provides that the lower court "may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded." [1] In addition, section
61.13(3) provide...
...ider a spouse's adultery unless the adultery has caused the other spouse to have greater financial need or has depleted financial resources. Said the Noah court, "We candidly acknowledge that although Florida has a so-called no-fault divorce system, section 61.08(1) [Florida Statutes (1975)] does appear to retain a vestige of fault by allowing the trial court to consider the adultery of an alimony-seeking spouse....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1998 WL 320141
...COBB, Judge. The trial judge in the instant case granted a judgment of dissolution, distributed assets of the parties, and awarded rehabilitative and permanent periodic alimony. Unfortunately, the court did not comply with either section
61.075(3) or section
61.08(1), Florida Statutes (1995) in respect to the requirement of factual findings....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1996 WL 332363
...The parties moved at least seven (7) times during the marriage to pursue career opportunities for the Respondent/Husband, with the last move to Pensacola, Florida in September of 1988. The court specifically reviewed the statutory factors pertaining to alimony (section 61.08(2), Florida Statutes), and made specific findings related to all the statutory factors....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2000 WL 763120
...The criteria to be used in establishing this need include the parties' earning ability, age, health, education, the duration of the marriage, the standard of living enjoyed during its course, and the value of the parties' estates. Canakaris v. Canakaris,
382 So.2d 1197, 1201-02 (Fla.1980). See also §
61.08, Fla....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1994 WL 256941
...For the benefit of the trial court on *176 remand, we note that our review of the record fails to reveal an apparent basis for such an award, and the final judgment contains no findings to support such an award. Should the trial court again decide to award some form of alimony to the wife, it shall comply with section 61.08, Florida Statutes (1993), and particularly with subsection (1) thereof, which requires findings of fact....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2012 WL 2148215, 2012 Fla. App. LEXIS 9576
...Accordingly, we affirm the alimony award of one thousand dollars per month, but remand for a determination of the length of the alimony award. On remand, the parties can stipulate to a period of ten years, or the trial court can make findings consistent with section 61.08, Florida Statutes (2009)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2001 WL 640730
...See Klette,
785 So.2d 562. Furthermore, given the length of the marriage (22 years), the income of both parties, the age and education of the appellee, and the totality of the parties financial circumstances, the alimony award is not unreasonable. See §
61.08(2), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2008 Fla. App. LEXIS 8434, 2008 WL 2356760
...[5] "The court shall give consideration, without limitation, to circumstances, including, but not limited to, the following . . . ." [e.s.] §
61.14(1)(b). [6] See Senate Staff Analysis and Economic Impact Statement, Senate Bill 152 (2005). [7] Id. [8] See §
61.08, Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 10358, 2009 WL 2243901
...limony because she earns a "living wage"). "While the wife's earning ability is one factor to be considered, it is not by itself dispositive and does not preclude an award of permanent alimony in [a] long-term marriage where, based on the factors in section
61.08, need is demonstrated and the husband has the ability to pay." Garces,
704 So.2d at 1107; see also Hill,
776 So.2d at 1007 (stating that the presumption in favor of permanent alimony is not rebutted by a spouse's age or ability to earn some income)....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...home life for the children until they had finished high school. That these children need, as do all children, the benefit of such love, affection and attention cannot, in reason, be brought into debate. The trial court, pursuant to the provisions of Section 61.08, Florida Statutes, has the discretion within reasonable bounds to determine alimony for a spouse, the amount of alimony and whether such alimony shall be rehabilitative or permanent in nature....
...The court, in the judgment now reviewed, exercised its discretion based upon ample testimony in awarding permanent alimony to the appellee-wife based upon her need and the appellant-husband's ability to pay. The legislature, in its wisdom, included in Section 61.08, Florida Statutes, authority to grant, in appropriate cases, permanent alimony....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 312, 2002 WL 63378
...In fact, the trial court did modify the wife's proposed final judgment. The parties chose to forego a further hearing which would have allowed the trial court to orally pronounce its factual finding. *599 Nonetheless, the final judgment contained several of the statutory findings set forth in section 61.08, Florida Statutes (1999), and those findings were supported by substantial competent evidence....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 279
...*743 Thomas C. Houck, Melbourne, for appellee. COWART, Judge. The husband appeals a final judgment in a dissolution proceeding awarding the wife $96,469 in marital assets, $1,300 per month in permanent periodic alimony, life insurance benefits under section 61.08(3), Florida Statutes, and $7,000 in attorney's fees....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1994 WL 733423
...It likewise should be capped at a specific dollar amount. Whether the trial court should have ordered Jimmie to pay Frances any sums as permanent alimony is a question we cannot determine because the judgment under review lacks sufficient fact-findings required by section 61.08 to justify the award....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2006 WL 287257
...The primary criteria for a trial court to consider in determining an award of alimony are the needs of the spouse requesting the alimony and the ability of the other spouse to pay. Griffin v. Griffin,
906 So.2d 386 (Fla. 2d DCA 2005). In addition, section
61.08(2), Florida Statutes (2003), sets forth relevant economic factors for trial courts to consider in determining a proper award of alimony and requires courts to make findings of fact with regard to each factor....
...Although the trial court in this case failed to make the required findings, the parties did not raise that failure as reversible error. Nevertheless, it is clear from the duration of the parties' marriage, the disparity in the parties' incomes, and the fact of the Husband's severe diabetes, see § 61.08(2)(b), (c) and (d), that the trial court abused its discretion in awarding the Husband only $492 a month *530 in permanent alimony. Accordingly, we reverse the award of alimony and remand for further proceedings on that issue. Upon reconsideration of the award of alimony, the trial court should make the findings required by section 61.08(2)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2007 WL 518426
..."In determining whether to award permanent periodic alimony, the trial court must consider the needs of the spouse requesting the alimony and the ability of the other spouse to make alimony payments." Segall v. Segall,
708 So.2d 983, 987 (Fla. 4th DCA 1998). "The trial court is required to consider the statutory factors of section
61.08(2), Florida Statutes, and the failure to consider these enumerated factors, or to make factual findings related to these factors, is reversible error." Nichols,
907 So.2d at 622....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 1800, 2010 WL 569849
...Because we agree that the trial court erred in not taking the husband's bonuses into account in determining his income, we reverse. Section
61.30(2), Florida Statutes (2007), requires trial courts to consider bonuses in calculating a spouse's income for purposes of child support, and section
61.08(2)(g) requires trial courts to consider "[a]ll sources of income available to either party" in computing an award of alimony....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 1590, 2010 WL 532795
...Later, he and the wife opened a deli, which continues to be his main source of income. At the time of the dissolution, the wife earned approximately $2,000 more per month than the husband. The trial court carefully considered the factors for awarding alimony under section 61.08, Florida Statutes....
...eds of the spouse requesting the alimony and the ability of the other spouse to make alimony payments." Segall v. Segall,
708 So.2d 983, 987 (Fla. 4th DCA 1998). Furthermore, the trial court is required to consider the statutory factors set forth in section
61.08(2), Florida Statutes....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2017 WL 544618, 2017 Fla. App. LEXIS 1643
...ount. Section
61.046(8), Florida Statutes (2015), defines “income” and includes retirement benefits, pensions, dividends, and interest. In considering an alimony award, a trial court must consider all sources of income available to either party. §
61.08(2)(i), Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 1319, 2012 WL 279671
...discretion. He contends that the award of $2000 per month for twenty-four months was excessive when considering his monthly income and the child support, debt service, and attorney’s fees payments he was also ordered to make in the final judgment. Section
61.08, Florida Statutes, was amended in 2010 to expressly add bridge-the-gap alimony. Ch. 2010-199, § 1, at 2-3, Laws of Fla. “Bridge-the-gap alimony may be awarded to assist a party by providing support to allow the party to make a transition from being married to being single.” §
61.08(5). It “is designed to assist a party with legitimate identifiable short-term needs” and is not “modifiable in amount or duration.” Id. This amendment to section
61.08 applies to all awards of alimony entered after July 1, 2010, and is thus applicable to the December 14, 2010, order on appeal. Ch. 2010-199, § 2, at 4, Laws of Fla. “To support its alimony determination, the trial court must include specific findings of fact in the final judgment.” Austin v. Austin,
12 So.3d 314, 317 (Fla. 2d DCA 2009) (citing §
61.08(1), Fla. Stat. (2004)). Among those required findings are the financial needs of one spouse and the ability of the other spouse to pay. §
61.08(2), Fla....
...income’ ” and is therefore not supported by competent, substantial evidence. Id. (quoting Hotaling v. Hotaling,
962 So.2d 1048,1051 (Fla. 2d DCA 2007)). Here, although the report and recommendation contained findings as to the factors listed in section
61.08(2)(a)-(g), it did not contain the requisite findings as to the need of the former wife or the former husband’s ability to pay....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2005 WL 3299470
...rded was *286 not supported by the record, we reverse for reconsideration of this issue of alimony. We note that the trial court did not make specific findings, as it is statutorily required to do, with respect to the statutory factors enumerated in section 61.08(2), Florida Statutes. Section 61.08(1) requires the court to "include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony." The court listed those factors in its final judgment, but did not make findings of fact with respect to them....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1997 WL 749378
...Colegrove, Jr., Sanford, for Appellee/Cross-Appellant. W. SHARP, Judge. Charles Killius appeals from a final judgment in a dissolution case. He argues on appeal that the trial court erred by not making specific findings of fact concerning all of the factors set forth in section 61.08(2), Florida Statutes, and in setting the amount of permanent alimony which was awarded. We affirm. The trial court did make specific findings referencing some of the factors set forth in section 61.082(2)....
...Further, the husband notes a lack of findings concerning the standard of living during the marriage, financial resources of each, and non-marital and marital assets and liabilities distributed to each. We are reluctant to say that findings must be made on each and every factor mentioned in section 61.082(2), where they are not relevant or not a primary basis for the trial judge's decision....
...sources and that it would disserve them to remand the matter for additional findings. Although the trial court did not include specific findings of fact on all relevant economic issues, by reviewing the record in light of the factors set forth in subsection 61.08(2), Florida Statutes, we are able to discern evidence to justify the court's ruling....
...This court has held that the failure to comply with the statute will result in reversal and remand. Kennedy v. Kennedy,
622 So.2d 1033 (Fla. 5th DCA 1993), rev. dismissed,
641 So.2d 408 (Fla.1994); Rausch. Cf. Brock v. Brock,
682 So.2d 682 (Fla. 5th DCA 1996) (holding trial court's failure to consider all of the factors in section
61.08(2) is harmless error in light of ruling that wife is not and could not be entitled to rehabilitative alimony)....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 11 Fla. L. Weekly 2530
...f the marriage whenever adultery or fault becomes a factor in justifying a distribution or award that would be otherwise inequitable. The Williamson court, in discussing the role to be accorded to adultery or fault in determining alimony pursuant to section 61.08 Florida Statutes, and after recognizing the discretion of the trial court to consider the conduct of the parties in deciding the issues of alimony under some circumstances, said: [I]t must be remembered that the primary standards to be...
...marital misconduct of the parties would be a step backward to the days of threats and insinuations which plagued our courts before our no-fault system was enacted and would be directly contrary to express legislative policy. Therefore, we hold that section 61.08(2), Florida Statutes (1975), which permits a trial court to consider "any factor to do equity and justice between the parties," does not permit a court to conduct an inquiry into every aspect of the marital conduct of the parties as a matter of course....
...Today we hold only that where an analysis of the need of one spouse and the ability of the other to pay demonstrates that both parties will suffer economic hardship as a result of any division of available resources the court might make, the court may then consider, as an equitable circumstances under section 61.08(2), Florida Statutes (1975), any conduct of either party which may have caused the difficult economic situation in which they stand before the court....
...unds) reversing an unequal distribution of assets as part of an equitable distribution to the wife, in part because her husband had been unfaithful. Again, in Noah, the supreme court recognized that consideration of adultery, where appropriate under section 61.08, Florida Statutes (1985), should be limited and not punitive....
...I would grant the request to certify the issue herein as one of great public importance. Despite the supreme court's opinion in Noah v. Noah,
491 So.2d 1124 (Fla. 1986), there is still a need, in my opinion, for a determination of the purpose and effect of section
61.08(1), Florida Statutes (1985), in a factual situation such as is involved herein....
...Despite the supreme court's statements in Noah and its earlier comments in Williamson v. Williamson,
367 So.2d 1016 (Fla. 1979), both apparently limiting a trial court's consideration of misconduct, there remains no clear resolution of the policy approved in these decisions and the apparently conflicting signal sent out by section
61.08(1) authorizing the consideration of adultery by trial judges in alimony claims....
...It appears that the parties' marriage simply foundered on the barren rocks of incompatibility for lack of a better word. If, as the trial court found, the husband failed to meet the needs of the wife for a "warm, affectionate, loving-type [person]," should we invoke the adultery provision of Chapter 61.08(1), Florida Statutes, in order to justify an unconscionably paltry award under the circumstances of this case? We think not....
...more equitable award of alimony, child support and equitable distribution.4 Canakaris v. Canakaris,
382 So.2d 1197 (Fla. 1980). 1 The husband's 1981 Federal Income Tax return showed income of $304,000. His 1982 income estimate was $346,000. 2 Chap.
61.08(1), Fla. Stat. (1983). 3 Chap.
61.08(2), Fla....
CopyCited 4 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 27300, 2002 WL 32442795
...the status quo pending the issuance of a divorce decree, neither party argues that the injunction conveyed any property rights. The injunction clearly was not an award of alimony or a distribution of marital assets under Florida law. See Fla. Stat. § 61.08 (alimony); Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...We point out that we have examined the record in the light of the briefs and find there is evidence to support the trial judge's findings. Concerning the husband's contention that the wife was not entitled to lump sum alimony in the parties' jointly owned marital home, we hold that under this record we are bound by Section 61.08, Florida Statutes (1977), and the pronouncements of the Florida Supreme Court in such cases as Herzog v....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 13237, 2011 WL 3667885
...Burrill,
701 So.2d 354, 356 (Fla. 1st DCA 1997). A decision to award permanent alimony must be based on an assessment of the needs of one spouse and the ability of the other spouse to pay. Id. In reaching said decision, the court must consider the factors set forth in section
61.08(2), Florida Statutes (2009), including, but not limited to, the parties' standard of living during the marriage, the duration of the marriage, the parties' respective ages, the value of the estate, and the parties' education and training....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1993 WL 309144
...ssets the accounts receivable of the former husband's medical professional association. Finding neither an abuse of discretion nor any error as a matter of law on the issue of alimony, we affirm without further comment the award of lump sum alimony. Section 61.08, Florida Statutes (Supp....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1996 WL 160790
...the monthly payment $345.00.) The only finding supporting these awards is "that the wife's educational and employment opportunities were interrupted because of the birth of the child and ... the wife is in need of reasonable rehabilitative alimony." Section 61.08(1), Florida Statutes (1993), requires that the trial court include in its final judgment "findings of fact ......
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1998 WL 187467
...I concur in all respects with the wellreasoned majority opinion. I write only to point out that the facts in this case demonstrate the need for bridge-the-gap alimony, which may be awarded without the necessity of a formal rehabilitative plan. While bridge-the-gap alimony is not mentioned in section 61.08, Florida Statutes, I feel that bridge-the-gap alimony is a special type of rehabilitative alimony which should be imposed without the necessity of a rehabilitative plan when circumstances require....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2012 WL 1319031, 2012 Fla. App. LEXIS 6056
..., "`[w]here a trial judge fails to apply the correct legal rule ... the action is erroneous as a matter of law.'" Ondrejack v. Ondrejack,
839 So.2d 867, 870 (Fla. 4th DCA 2003) (quoting Kennedy v. Kennedy,
622 So.2d 1033, 1034 (Fla. 5th DCA 1993)). "Section
61.08(1), Florida Statutes......
...This constitutes reversible error under Alois and Orsini. IV. Life Insurance and Bond Requirements We review a trial court's interpretation of a statute de novo. City of Parker v. State,
992 So.2d 171, 176 (Fla.2008). Under sections
61.13(1)(c) and
61.08, the court maintains discretion to order the paying spouse to "purchase or maintain a life insurance policy or a bond" to secure an award of child support or alimony. §§
61.08(3), .13(1)(c), Fla....
...When the language of a statute "is unambiguous and conveys a clear and definite meaning, that meaning controls unless it leads to a result that is either unreasonable or clearly contrary to legislative intent." Tillman v. State,
934 So.2d 1263, 1269 (Fla.2006). Here, the word "or" in sections
61.13(1)(c) and
61.08(3) indicate the trial court may choose to order a paying spouse to obtain a life insurance policy or a bond, but not both....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 2000 WL 368614
...n ordering permanent alimony." Etesam v. Chasebi,
751 So.2d 1261, 1261 (Fla. 3d DCA 2000), (citing Applegate v. Barnett Bank,
377 So.2d 1150, 1151-52 (Fla.1979)). The final judgment demonstrates that the court applied the correct legal standard. See §
61.08(2), Fla....
...Although the court has discretion to award insurance to protect the alimony award, see Sobelman v. Sobelman,
541 So.2d 1153 (Fla.1989), in this case it appears that the former husband has no disposable income with which to pay for this insurance. See §
61.08(3), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2013 WL 5629678, 2013 Fla. App. LEXIS 16495
...f the final judgment). We also note that, as the former wife candidly acknowledged in her Answer Brief and at oral argument, the trial court neglected to include in the Final Judgment all of the statutory findings relative to alimony, as required by section 61.08(2)(g), (h), and (j), Florida Statutes (2012)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2008 WL 4568038
...t annual income of $90,000. On appeal, the former husband contends that competent, substantial evidence does not support the trial court's determination. Additionally, the former husband asserts that the trial court failed to explain, as required by section 61.08(2)(a)-(g), Florida Statutes (2006), how it reached the conclusion that the former husband's net annual income was $90,000....
...income, the former husband seeks reversal of those provisions in the final judgment. In determining actual income for purposes of awarding alimony, the trial court is required to set forth factual findings regarding "all relevant economic factors," section 61.08(2), Florida Statutes (2006), including "a spouse's probable and potential level of earnings, the source of actual and imputed income, and any adjustments to income." Smith v....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 15563, 2009 WL 3273209
...Canakaris,
382 So.2d 1197 (Fla.1980), in this case the former wife's present need for permanent periodic alimony was not established. The court correctly concluded that there is a disparity in income-producing capacity and that several of the statutory elements in section
61.08, Florida Statutes (2007), were satisfied....
...In this case, the trial court concluded that sufficient interest in the Singulator had been demonstrated and that it was not too speculative for distribution. [8] The dissent expresses a concern that the majority substitutes itself for the trial court and "exempts itself" from the findings required by § 61.08(2), Fla....
...lure of the Singulator and RT Solutions, and the former wife lacks employment and health insurance. Because it will be several years before she can obtain Medicare coverage, these are factors "necessary to do equity and justice between the parties" (§ 61.08(2)) and matters that will allow the trial court to consider, in later years, modification of the alimony award if there is a substantial change in circumstances....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 15244, 2014 WL 4851687
...consider the parol evidence in ruling on the parties' motions. Instead, it based its
decision on a legal construction of the MSA. The court determined that the alimony was
in the nature of spousal support2 and was intended to be permanent alimony which is
governed by section 61.08, Florida Statutes (2011). The court noted that section
61.08(8) provides for the termination of permanent alimony "upon the death of either
party or upon the remarriage of the party receiving alimony." Notwithstanding that the
alimony provision specified that the Former Wife would receive nonmodifiable alimony
for life, the court concluded that the alimony provision did not expressly address
termination. The court held that section 61.08(8) therefore applied and entered an order
2
The parties do not dispute this finding.
-3-
finding that the alimony terminated upon the Former Wife's remarriage....
...remaining $18,500 in attorney's fees and costs against the Former Husband's award of
$50,207.42 for alimony overpayment.
On appeal, the Former Wife argues that the trial court erred by concluding
that the alimony terminated upon the Former Wife's remarriage pursuant to section
61.08(8)....
...trial court could not
otherwise impose under the applicable statutes. Taylor v. Lutz,
134 So. 3d 1146, 1148
(Fla. 1st DCA 2014). Thus, if the parties' MSA requires payment beyond the recipient's
remarriage, the agreement's terms will control over section
61.08....
...While this provision does
not expressly address remarriage or cohabitation, it implicitly does so by requiring that
payments continue in a specified amount until the Former Wife dies. Because this
provision requires payment continuing beyond the Former Wife's remarriage, its terms
control over section 61.08(8).
The facts of this case are analogous to those in Porter....
...In summary, the terms of the alimony provision in the parties' MSA
unambiguously obligate the Former Husband to pay the Former Wife nonmodifiable
alimony until she dies. Because this provision requires payment beyond the Former
Wife's remarriage, its terms control over section 61.08(8). Thus, the trial court erred in
concluding that section 61.08(8) applied to provide for termination of alimony upon the
Former Wife's remarriage.
We therefore reverse the orders terminating the Former Husband's
alimony obligation, establishing the Former Husband's overpayment of a...
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 1158
...guing that the court improperly took into consideration, in making this award, his non-marital assets. "In granting lump sum alimony, the trial court should be guided by all relevant circumstances to ensure, `equity and justice between the parties.' § 61.08, Fla....
...That was legitimate in light of the language in Canakaris, supra, and the facts of the case. The husband claims the $2,000 monthly permanent periodic alimony is an abuse of discretion because it was excessive, and should have been rehabilitative alimony. Section 61.08, Florida Statutes (1983), provides that the trial court may consider any "factor necessary to do equity and justice between the parties" in determining the amount and form of alimony to be awarded in a dissolution proceeding....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2002 WL 1085962
...standing that the spouse is employed. Id. at 1306. The "[d]isparate earning capacity of the parties is `a significant factor' in deciding whether permanent ... alimony is warranted." Id. Here, the trial court considered all the factors enumerated in section 61.08, Florida Statutes (2000), and provided a detailed order supporting its award of permanent alimony....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2002 WL 1058520
...Michael Cochran, the former husband, appeals from a final judgment of dissolution of marriage. Tracy Cochran, the former wife, cross appeals. For the following reasons, we affirm in part and reverse in part. We affirm the award of permanent alimony. The trial court made the requisite findings under section 61.08, Florida Statutes (1997)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...t conclude that the trier of the fact was in error if he so found. We have seen that evidence of adultery may be considered in any alimony award. Pro v. Pro,
300 So.2d 288 (Fla. 4th DCA 1974), and recognize that the applicable statute so authorizes, Section
61.08(1), Florida Statute (1977)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1994 WL 189802
...e payments. Adams v. Adams,
604 So.2d 494, 495 (Fla. 3d DCA 1992), review denied,
614 So.2d 502 (Fla. 1993). In doing so, the parties' earning ability, age, and health, the duration of the marriage and the value of the parties' estates are relevant. §
61.08, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 1993 WL 95542
...of a proper award of alimony, but they are not reasons to deny all alimony to this middle-aged woman whose needs, in light of the marital standard of living, could not be met by her employment opportunities at the time of the trial court's decision. § 61.08(2), Fla....
...Fried,
375 So.2d 46 (Fla. 2d DCA 1979). By statute, the trial court must consider several relevant factors, including but not limited to "the financial resources of each party, the non-marital and the marital assets and liabilities distributed to each." §
61.08(2)(d), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2007 WL 911830
...We recently addressed Tinsley in Donoff v. Donoff,
940 So.2d 1221 (Fla. *636 4th DCA 2006). There, the former husband challenged a trial court's order reducing alimony, because the court used an improper analysis in determining the size of the reduction. We held that all applicable section
61.08(2) factors in determining alimony must be considered in modification proceedings under section
61.14....
...in the case. The opinion in Tinsley makes apparent that in spite of the sums the recipient gave to the children, the paying spouse had not shown that her needs had decreased by reason of any other income-the essential difference in the present case. Section 61.08 makes clear that in determining any need for alimony, whether original or modification, the entire financial resources and income of the party seeking the award must be considered....
CopyCited 3 times | Published | Supreme Court of Florida
...____ Both parties have requested and the court finds that it is in the best interests of the child(ren) that support payments need not be directed through the Central Governmental Depository. However, either party may subsequently apply to the depository pursuant to section
61.08 or
61.13, Florida Statutes, to require payments through the Central Governmental Depository....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...We find the chancellor's reliance upon Vandervoort, supra was misplaced. Vandervoort is distinguishable from the case sub judice in that the court therein after an evidentiary hearing was had on the issue of adultery, then decided to exercise its discretion under F.S. § 61.08, F.S.A., and thereupon refused to consider the adultery of the ex-wife in determining the alimony award....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1989 WL 26757
...e. Wagers v. Wagers,
444 So.2d 520 (Fla. 1st DCA 1984); Canakaris v. Canakaris,
382 So.2d 1197 (Fla. 1980). A former spouse's need for alimony is determined partially by reference to the standard of living enjoyed by the parties during the marriage. §
61.08(2)(a); Canakaris at 1201-1207....
...gage expense. After the divorce, the wife was left with a gross income of at best $250 and the need to pay for housing. [1] The marriage was of long duration and the husband's present and future earning ability is far stronger than that of the wife. Section 61.08(2)(c) also directs that the trial court consider the emotional condition of each of the parties....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 3615, 2010 WL 979438
...As the wife correctly argues, this decision should not have been made independently of the asset distribution decision. In other words, the trial court erred by failing to consider the assets awarded to the husband in the final judgment as a potential source of alimony. See § 61.08(2)(d), (g), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2007 WL 756105
...or the essentials of minimum food, shelter and clothing." Id. "The standard of living is not a super-factor in setting the amount of the alimony-trumping all others." Id. Instead, the trial court should consider all the relevant factors set forth in section 61.08(2), Florida Statutes (2005), including the financial resources of each party and all sources of income available to either party. Id. at 1223; see § 61.08(2)(d), (g), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1995 WL 331443
...upon his death, and from which payments would be made for the benefit of the parties' child. See §
61.13(1)(c), Fla. Stat. (1993). However, we do agree that the alimony award should, likewise, be secured by life insurance in a specific amount. See §
61.08(3)(c), Fla....
...I concur in all aspects of the majority opinion except that which holds that the trial court did not abuse its discretion when it awarded only rehabilitative, as opposed to permanent periodic, alimony. Based upon my review of the record, I am of the opinion that a proper analysis of the case, applying the factors listed in section 61.08(2), Florida Statutes (1993), mandates an award of permanent periodic alimony....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...MILLS, Acting C.J., and ERVIN, J., concur BOOTH, J., dissents in part and concurs in part. BOOTH, Judge, dissenting in part and concurring in part. I dissent from that portion of the opinion which reverses the award of the marital home and furnishings as lump sum alimony to the wife. Florida Statute § 61.08 provides, in pertinent part, as follows: "In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be rehabilitative or permanent in nature....
...In the instant case the wife's petition claims temporary and permanent alimony. The wife's need and the husband's ability to pay are established by the evidence and not at issue here. The trial court has discretion as to the form or method of payment of alimony under F.S. § 61.08, supra, and that discretion was not abused in this case....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2003 WL 21471687
...The best living situation she can afford is to share a small mobile home. In my view, the unstated reason in this case for denying the former wife permanent alimony was her admitted adultery. In emphasizing this fact in the majority opinion, the majority tacitly recognizes this is true. Section 61.08(1), Florida Statutes, allows the trial court to consider the adultery of either spouse and the surrounding circumstances in determining the amount of alimony, if any to be awarded....
...The daughter had a young infant, and the former wife drove them to doctor appointments, to government agencies for various services, and back and forth from jobs. In Noah v. Noah,
491 So.2d 1124 (Fla. 1986), the Florida Supreme Court recognized that consideration of adultery, where appropriate under section
61.08, should be limited and not punitive....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 8949, 2010 WL 2472277
...at 1201. The criteria used to establish the elements include "the parties' earning ability, age, health, education, the duration of the marriage, the standard of living enjoyed during its course, and the value of the parties' estates." Id. at 1201-02. See § 61.08(2), Fla....
...marriage, in the "gray" area. See Burrill v. Burrill,
701 So.2d 354, 356 (Fla. 1st DCA 1997). As a result, there is no presumption in favor or against permanent alimony. Id. An award is made based on a consideration of the other pertinent factors in section
61.08(2)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2008 WL 2485606
...Hanks,
553 So.2d 340, 343 (Fla. 4th DCA 1989), the trial court properly considered "[a]ll sources of income available to either party," along with the "nonmarital and the marital assets and liabilities distributed to each" in determining the amount of alimony. §
61.08(2)(d), (2)(g), Fla. Stat. (2007); see also Weimer,
677 So.2d at 87 (observing that "equitable distribution can have an influence on alimony"). Pursuant to section
61.08(2), the trial court was required to take into account the fact that the former wife receives $2,000 per month from the trust in determining her need for alimony....
...NOTES [1] The former husband argues that the trial court erred by failing to make a specific finding regarding the standard of living the parties enjoyed during the marriage. In the supplemental final judgment, the trial court made no finding regarding the parties' standard of living during the marriage. See § 61.08(2)(a), Fla....
...If the judgment is entered without required findings, then a motion for rehearing should be filed, requesting findings."). See also Esaw v. Esaw,
965 So.2d 1261, 1265 (Fla. 2d DCA 2007) ("We have not ... held that an order which lacks a finding required under section
61.08 ......
...us other grounds. Because the former husband failed to "bring the alleged deficiency to the trial court's attention at a time when it might have been corrected," he waived his objection that the order failed to include a specific finding required by section 61.08....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2003 WL 21360643
...e was presented in this case. He also argues that the trial court erred in awarding the former wife permanent periodic alimony and in failing to make adequate factual findings on the standard of living established during the marriage, as required by section 61.08(2)(a), Florida Statutes....
...Kreisler,
752 So.2d 1288 (Fla. 5th DCA 2000). The trial court also ordered the former husband to provide a $500,000 life insurance policy, with the former wife as the beneficiary, to cover his alimony obligations as long as he had an obligation to pay her alimony. Section
61.08(3), Florida Statutes, permits the court to order a party to purchase or maintain a life insurance policy or a bond as security for payment of an alimony award....
...On remand, the trial court may take additional evidence as to the issue of life insurance, imputation of income to the former wife and recalculation of the amount of child support and, if necessary, alimony, making the necessary, detailed findings required by section 61.08, Florida Statutes....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2002 WL 1285112
...This is an appeal from a final judgment granting permanent alimony and an order granting attorney's fees. We affirm the grant of attorney's fees, but reverse and remand the grant of permanent alimony for the trial court to make the findings of fact required by section 61.08, Florida Statutes (2001)....
..."Permanent periodic alimony is used to provide the needs and the necessities of life to a former spouse as they have been established by the marriage of the parties." Canakaris v. Canakaris,
382 So.2d 1197, 1201 (Fla.1980). Before the trial court may award permanent alimony, section
61.08, Florida Statutes (2001) requires it to make certain statutory findings including the standard of living attained during the marriage. The trial court here *684 did not make any finding of fact regarding the marital standard of living. See §
61.08(2)(a), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 8239, 2010 WL 2330252
...) plan in the amount of $116.53 per week. In addressing alimony on remand, the trial court must consider all sources of income available to the Husband, including actual overtime pay and actual income from part-time employment at secondary jobs. See § 61.08(2)(g); Geoghegan v....
...Geoghegan,
969 So.2d 482, 484-85 (Fla. 5th DCA 2007). In addition, it must consider the Husband's voluntary contributions to his investment property and 401(k) plan in making its "ability-to-pay alimony calculation." Geoghegan,
969 So.2d at 486; see also §
61.08(2)(d)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2013 WL 3811801, 2013 Fla. App. LEXIS 11595
...of the wife’s assets, when the husband has the ability to pay an award. The husband filed his petition for dissolution of marriage in February 2010, after twelve years of marriage, which is categorized by statute as a “moderate-term marriage.” § 61.08(4), Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1997 WL 408753
...n equitable distribution of property is impossible. Keaton v. Keaton,
634 So.2d 798 (Fla. 4th DCA 1994). Similarly, the propriety of permanent alimony cannot be evaluated because the final judgment does not contain those findings of fact required by section
61.08(1), Florida Statutes (1995)....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...llow two separate households to be maintained in the lifestyle enjoyed during the marriage. While not an easy task in this type of situation, we must undertake to ensure "equity and justice between the parties" when determining the issue of alimony. Section 61.08, Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1996 WL 382305
...s fees, and several aspects of the scheme of equitable distribution. We reverse in part, as set forth below. As to the award of permanent periodic alimony, we reverse. The trial court erred by failing to make findings as to the factors enumerated in section
61.08(2), Florida Statutes (1993), precluding meaningful appellate review of the alimony award. See §
61.08(1), Fla. Stat. (1993); cf. Kennedy v. Kennedy,
622 So.2d 1033 (Fla. 5th DCA 1993), rev. dismissed,
641 So.2d 408 (Fla. 1994). Furthermore, even without reference to the factors in section
61.08(2), the trial court appears to have abused its discretion in determining the amount of alimony....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1999 WL 17822
...Moreover, if the former husband were to *715 terminate these long held policies at his age, he may have greater difficulty in obtaining affordable insurance, should there arise a future need to secure an increased alimony obligation upon a change in the husband's circumstances. See § 61.08(3), Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2008 WL 160938
...Duffey's petition for dissolution requests the court to require Mr. Duffey to maintain life insurance on his life in an amount adequate to secure payment of his support obligations, the trial court did not address this issue in its otherwise very detailed and well-reasoned order. Section 61.08(3), Florida Statutes (2007), addresses the insurance issue as follows: To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy o...
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2012 Fla. App. LEXIS 3180, 2012 WL 638995
...In considering a request for permanent, periodic alimony, the trial court must consider the needs of the requesting spouse and the ability of the other spouse to pay. Schlagel v. Schlagel,
973 So.2d 672, 676 (Fla. 2d DCA 2008). The trial court is also obligated to consider the factors set forth in section
61.08(2), Florida Statutes (2010). See id. Here, the transcript of the final hearing establishes that the section
61.08(2) factors were argued by the former husband's attorney, but the trial court's sole finding was that the former husband had no need....
...court to increase the alimony award should the wife be unable to find *1116 gainful employment in the amount imputed to her). In addition, on remand, the court should make specific factual findings with respect to the statutory factors enumerated in section 61.08(2), as required by section 61.08(1)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2006 WL 452644
...ualified for any work other than upholstering. The necessity for detailed findings justifying an alimony award for the purpose of assisting meaningful review is glaringly absent in the lower court's final judgment. In carrying out the requirement of section 61.08(2), Florida Statutes (2004), that a trial court make findings of fact relative to "all relevant economic factors," and "any other factor necessary to do equity and justice between the parties," the "court must set forth factual findings...
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...'s ability to pay... . (
264 So.2d 112, pp. 113-114). The holding is implicit from the statute itself which provides: In determining a proper award of alimony, the court may consider any factor necessary to do equity and justice between the parties. (Section
61.08(2), Florida Statutes F.S.A.)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...Appellant Dores Fishman was the plaintiff below; she sought a divorce from her husband Jack Fishman, defendant below and appellee here. The trial court, inter alia, granted the wife a divorce and awarded her $48,000.00 as lump sum alimony, payable in monthly installments of $800.00. See § 61.08, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 76
...unt of $250.00 per month constitutes an abuse of discretion and should be increased is without merit. This case was heard on 27 December 1984. At that time, a statutory amendment had been enacted by the 1984 Florida Legislature which amended Chapter 61.08, Florida Statutes (1983), to provide, at Section 61.08(3): To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets which may be suitable for that purpose....
...band to maintain such an insurance policy. We disagree. No authority existed at the time of the final judgment to require the husband to maintain a life insurance policy as security for the payment of the wife's alimony. Moreover, even assuming that Section 61.08(3) could be applied retroactively to the present case, the statute merely provides a discretionary choice for trial courts....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 19821, 2010 WL 5351069
...In short, the evidence at the final hearing would not support a finding that the Husband enjoyed $1350 in net income from the triplex. In determining the amount of the alimony award, if any, the trial court was required to consider, among other things, "[a]ll sources of income available to either party." § 61.08(2)(g), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...In doing so, however, our opinion should not be interpreted to preclude the trial court, in the pending dissolution proceeding, from exercising its discretion in fashioning a money award for Laurie Gordon which takes into consideration "any other factor necessary to do equity and justice between the parties." § 61.08, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...om the circumstances of the parties and nature of the case is equitable; but no alimony shall be granted to an adulterous wife. In any award of permanent alimony the court has jurisdiction to order periodic payments or payment in lump sum or both." (Section 61.08, Florida Statutes, 1969) Under that statute, it was clear that the courts considered the fault or misconduct of *881 a party when awarding alimony....
...of alimony do not include the relative merits of the personal lives of the parties involved. Regardless of the prior law, a new concept was introduced by the "No-Fault Divorce Law" enacted in 1971, (Chapter 71-241, Laws of Florida). Florida Statutes 61.08 now provides: "(1) In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be rehabilitative or permanent in nature....
...to such spouse and the amount of alimony, if any, to be awarded to such spouse. "(2) In determining a proper award of alimony, the court may consider any factor necessary to do equity and justice between the parties." Pursuant to subsection (2) of F.S. 61.08, the relative fault or marital misconduct of the parties is an important consideration in determining the amount of alimony, if any, to be awarded a party....
...The equities, circumstances and the whole marital *882 picture furnish and form the fabric from which the award is to be cut, and if the court limits itself solely to the economics of the matter, it deprives itself of valuable factors that may aid in doing justice to the problem. "The predecessor statute, Section 61.08, F.S. 1969, F.S.A., is not materially different from the current statute, 61.08(2), supra, as both provide for alimony based upon a consideration of equity and justice....
...1972)." (285 So.2d at pages 640 and 641) Just what is this misconduct or fault of a party which may be considered? It is clear that the adultery of a party is one type of marital misconduct or fault which is considered by the courts. Whereas under the prior statute adultery was a complete bar to alimony, F.S. 61.08(1) now provides it may be "considered" in the discretion of the trial court....
...ony. ( Stafford v. Stafford,
294 So.2d 25, 27 (Fla. 3rd DCA 1974); Vandervoort v. Vandervoort,
265 So.2d 77 (Fla. 3rd DCA 1972)) The same court has held that it is only the adultery of the spouse asking for alimony which should be considered under F.S.
61.08(1)....
...y alimony, as the basis of alimony is the `wife's demonstrated need and the husband's ability to pay ..' supra at 703." (344 So.2d at page 946) The court went on, however, to say that a spouse charged with adultery and asking for alimony can utilize § 61.08(2) to inquire into the adultery of the spouse against whom the alimony is sought provided the utilization of the alleged adulterous activity is limited to the mitigation and defense of her own conduct and not as a means of increasing her awa...
...the husband's ability to pay, holding: "In conclusion, as concerns an award of alimony, we hold that where the facts of a case dictate that justice and equity will best be served by an inquiry into the adulterous activities of a spouse, pursuant to Section 61.08(1) and (2), such inquiry is permissible, so long as the inquiry is not to be utilized for the sole purpose of increasing an award and is handled in a mature, discrete and unvindictive manner....
...McClelland, supra, that a trial court may inquire into the alleged adulterous activity of a husband who seeks no alimony for himself to consider whether or not the marriage is irretrievably broken, for the light such evidence sheds on the issue of custody and finally under F.S. 61.08(2) as evidence pertinent to a determination of alimony, concluding: "We do not share appellant's apprehension that the trial court's decision will resurrect a system of divorce based on fault and, with it, all of the old agonies of *883 accusation and recrimination....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2013 WL 6687837, 2013 Fla. App. LEXIS 20100
...itable distribution scheme. Failing to attribute the income from property being distributed to that party when determining need and ability to pay is reversible error. See Acker v. Acker,
904 So.2d 384, 386-87 (Fla.2005). The supreme court held that section
61.08(2), Florida Statutes, requires a trial court to consider all sources of income— including equitably — distributed assets-when determining alimony awards....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1999 WL 1261832
...ies to split the uncovered health, dental, and optical expenses of the child. We agree with the husband's first contention, that the final judgment is legally deficient because it fails to include any findings of fact that support the alimony award. Section 61.08(1), Florida Statutes (1997), requires the trial court to make findings of fact relative to the factors enumerated in subsection 61.08(2) supporting the award or denial of alimony....
...onthly child support obligation will be $414.06, while the wife's percentage share will be 47.1856 percent and her monthly child support obligation will be $369.94. If the trial court were to make factual findings regarding the factors enumerated in section 61.08(2) which support the alimony award of $200 per month, the husband's percentage share of the child support obligation would be 47.5434 percent and his monthly child support obligation would be $372.74, while the wife's percentage share w...
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 21198, 2012 WL 6098019
...ts discretion in ordering Troy Therriault, the former husband, to pay to Lisa Therriault, the former wife, $1,123.67 per month in permanent periodic alimony when it dissolved the parties’ “moderate-term” marriage of nearly sixteen years. See §§ 61.08(4) & 61.08(8), Fla....
...Canakaris,
382 So.2d 1197, 1204 (Fla.1980) (quoting Brown v. Brown,
300 So.2d 719 (Fla. 1st DCA 1974)). Because the Final Judgment of Dissolution of Marriage, in which the initial award of alimony was made, was entered prior to July 1, 2011, the effective date of the legislative amendments to section
61.08(8), Florida Statutes (2011), 1 the trial court was not required to make the now-requisite finding, as urged by the former husband, “that no other form of alimony is fair and reasonable under the circumstances of the parties.” See Ch.2011-92, § 80, Laws of Fla....
...We conclude, however, that the trial court abused its discretion by ordering the former husband to maintain $500,000 in life insurance to secure his alimony and child support obligations, naming the former wife as irrevocable beneficiary. The trial court is authorized by sections
61.08(3) and
61.13(l)(c), Florida Statutes (2010), to require the former husband, as the party ordered to pay alimony and child support, to purchase or maintain a life insurance policy to secure those awards....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2003 WL 21990207
...pport was an abuse of discretion, and appellate courts have not hesitated to find an abuse of discretion in similar awards). We find no merit in the former husband's argument that the trial court failed to make requisite findings of fact pursuant to section 61.08, Florida Statutes, justifying permanent alimony....
...stify the conclusion that the judgment was arbitrary or unreasonable. Cash v. Cash,
691 So.2d 6, 7 (Fla. 5th DCA 1997). In the instant case, the trial court provided a fifteen page judgment with findings of fact that addressed almost every factor of section
61.08, Florida Statutes....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1992 WL 201053
...The trial court will, of necessity, have to revisit the alimony awards in conjunction with its review and redetermination of the distribution of marital assets in accordance with the governing principles set down in Canakaris v. Canakaris,
382 So.2d 1197 (Fla. 1980), and section
61.08, Florida Statutes....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2003 WL 21919356
...The husband's total monthly income is approximately $2,993. Two primary considerations in determining permanent periodic alimony are "the monetary needs of the receiving spouse and the ability of the other spouse to pay." Weeks v. Weeks,
416 So.2d 811, *900 812 (Fla. 4th DCA 1982); see also §
61.08(2)(a)-(g), Fla....
...t have the ability to pay alimony despite the wife's clear need. Accordingly, based on the facts of this case, we reverse and remand with instructions to determine the amount of permanent periodic alimony to be awarded to the wife in accordance with section 61.08, Florida Statutes (2002)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...As pointed out in the above opinion, appellee is unemployed and is experiencing difficulty in finding employment because of the current economic recession. In addition, appellant owns real and personal property valued at $218,700, and can well afford to give financial assistance to appellee. NOTES [1] F.S. 61.08....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
..., in his heirs or devisees. The effect of this is that the intention of the court and the purpose in reserving jurisdiction will be defeated in that there will be no property titled in the husband's name against which a charging lien may be imposed. Section 61.08, Florida Statutes (1979) authorizes alimony in the form of lump sum or periodic or both, the award of which rests within the sound discretion of the trial court....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1999 WL 682607
...ake an informed decision concerning any life insurance of the former husband. See Wetzel v. Wetzel,
671 So.2d 234 (Fla. 1st DCA 1996). The trial court erred by failing to make the required findings to support the award of alimony to the former wife. Section
61.08(1), Florida Statutes (1997), requires such findings to be made after consideration of all relevant factors....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1994 WL 525071
...[2] In Noah, the supreme court held that in determining whether to require a spouse to pay alimony a trial court may not consider the spouse's adultery unless the adultery has caused the other spouse to have greater financial need or has depleted family resources. The court so held despite the fact that section 61.08(2), Florida Statutes (1975), authorized a trial court determining a proper award of alimony to "consider any ......
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2008 WL 4163096
...We affirm all other issues raised on appeal. A trial court's alimony award is reviewed under the abuse of discretion standard. See Canakaris v. Canakaris,
382 So.2d 1197, 1202-03 (Fla.1980). When awarding permanent periodic alimony, the court must consider the statutory factors set out in section
61.08, Florida Statutes (2006), including the payee spouse's needs and the payor spouse's ability to pay....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2012 WL 4839756, 2012 Fla. App. LEXIS 17765
...alimony needs “as established by the marital standard of living.” We agree. “In all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony.” § 61.08(1), Fla....
...Stat. Once the court determines a party has a need for alimony and the other party has to ability to pay, the court “shall consider all relevant factors, including, but not limited to: (a) The standard of living established during the marriage.” § 61.08(2), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2005 WL 3179991
...child support awards; thus reversal and remand are appropriate in order for the trial court to make written factual findings." *713 The trial court was required to make specific findings as to each of the seven statutory alimony factors set forth in Section 61.08(2)(a)-(g) (2004)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...The parties' earning abilities and income-producing assets are totally disparate. Accordingly, the final judgment is reversed and remanded with instructions to determine the amount of permanent periodic alimony to be awarded to the wife in accordance with section 61.08, Florida Statutes (1983)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1993 WL 140096
...this court has held that such matters are relevant only if the parties will suffer economic hardship and that misconduct of one of the spouses contributed to that hardship. See Smith v. Bloom,
506 So.2d 1173 (Fla. 4th DCA 1987). The court said that section
61.08(1), Florida Statutes (1985), did not constitute a license to bring the issue of adultery into every case where alimony is involved....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2006 WL 1153906
...In the final judgment, the trial court stated that the wife " has a need for permanent periodic alimony" but found that the husband did not have the ability to pay. (Emphasis added.) The court then stated, "The Court has carefully considered all factors as set forth in § 61.08(1) and (2), Florida Statutes (2002), and finds that with the exception of subsection (b) [the duration of the marriage], subsections (a)-(g) do not favor an award of permanent periodic alimony to the Wife." Previously, in its oral findings,...
...there will be a change in circumstances that would enable the husband to meet his obligation to contribute to the wife's support"). Here, the standard of living, the duration of the marriage, and the sources of income available to either party, see § 61.08(2)(a), (b), (g), favor an award of permanent periodic alimony, although in a nominal amount at this time....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1995 WL 254362
...e. See Seilkop v. Seilkop,
575 So.2d 269 (Fla. 3d DCA 1991). Following its redetermination of the husband's income, the court must revisit the issue of permanent periodic alimony. We note that under the circumstances of this case and the mandates of section
61.08, an award of alimony may be appropriate. [1] A *155 ruling on the wife's request for alimony requires a consideration of the factors listed in section
61.08(2)....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...ability to pay durational alimony in the amount of $2,000 per month to the Wife. Taking
into account the alimony award of $2,000 per month, the Wife's net monthly income is
$3,703."
The court also made findings regarding each of the alimony factors
enumerated in section 61.08(2), Florida Statutes (2016)....
...Without such findings, the Former Wife argues, this court cannot
determine how the trial court calculated the durational alimony award. The Former Wife
argues that these omissions therefore preclude adequate appellate review of the
amount of the award. We agree.
Section 61.08(2) provides, "In determining whether to award alimony or
maintenance, the court shall first make a specific factual determination as to whether
either party has an actual need for alimony or maintenance and whether either party
has t...
...result in a case having to be reversed and remanded." Ruberg v. Ruberg,
858 So. 2d
1147, 1155 (Fla. 2d DCA 2003) (quoting Walsh v. Walsh,
600 So. 2d 1222, 1223 (Fla.
1st DCA 1992)).
Thus, even when the court makes findings regarding each of the section
61.08(2) factors, its failure to make findings "to allow for meaningful review of the
amount of alimony awarded" constitutes reversible error....
...1st DCA 2016); see also Crick v. Crick,
78 So. 3d 696, 698 (Fla.
2d DCA 2012) (reversing an alimony award because "although the report and
-7-
recommendation contained findings as to the factors listed in section
61.08(2)(a)-(g), it
did not contain the requisite findings as to the need of the former wife or the former
husband's ability to pay").
Dissolution of marriage cases are unlike other civil
litigation....
...3d at 993-94 (holding that the court's decision to "note"
that certain evidence was disputed without making specific findings regarding need and
ability to pay hampered review on the issue).
As for the Former Wife's need, the court made findings regarding the
section 61.08(2) factors and imputed income of approximately $2250/month to her but
failed to make any findings regarding the amount of the Former Wife's monthly
expenses....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...Caidin,
367 So.2d 248 (Fla. 3d DCA 1979). In Caidin the court ruled that a request for lump sum alimony need not necessarily be pleaded specifically, and is encompassed within a claim for temporary and permanent alimony. The court reasoned that, pursuant to §
61.08, Florida Statutes, the authority to choose the method of payment of alimony lies with the trial court, and that the court's authority in this regard is invoked by a petitioner's general request for alimony....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2012 WL 1870881, 2012 Fla. App. LEXIS 8220
...fees. Mr. Payne argues that the trial court abused its discretion in failing to award him permanent alimony based on the disparity in the parties’ incomes. We acknowledge the presumption in favor of awarding alimony after a long-term marriage. See § 61.08(4), Fla. Stat. (2010) (classifying as long-term a marriage of seventeen years or more and codifying a rebuttable presumption in favor of alimony). But the starting point for every alimony determination is need and ability to pay. See § 61.08(2) (“In determining whether to award alimony or maintenance, the court shall first make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance.”); see also Austin v....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2003 WL 21203336
...The trial judge found that the former husband's income was $132,600 per year. The trial court imputed income of $24,000 per year to the former wife. Both figures are supported by competent, substantial evidence. After considering the factors set forth in section 61.08(2), Florida Statutes (2002), the trial court determined that the former wife was entitled to receive permanent periodic alimony....
...husband's child support obligation. Based on the amount of insurance required, it is unclear to us whether the trial court considered life insurance as security for the former husband's alimony obligation in addition to his child support obligation. Section 61.08(3), Florida Statutes (2002), authorizes the trial court to order the obligor to maintain a life insurance policy as security for an alimony obligation in appropriate circumstances....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 7015, 2010 WL 2008701
...cure his alimony payments and the other for $100,000 in coverage to secure his child support payments. The courts are statutorily authorized to order the obligor to maintain life insurance to protect alimony awards and child support obligations, see § 61.08(3), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2004 WL 1123353
..."In determining whether to award permanent periodic alimony, the court must consider the needs of the spouse requesting the alimony and the ability of the other spouse to make alimony payments." Krafchuk v. Krafchuk,
804 So.2d 376, 381 (Fla. 4th DCA 2001). After discussing the required factors enumerated in *541 section
61.08(2), Florida Statutes, the trial court determined that the former wife is not entitled to permanent periodic alimony either....
...ve sources of both parties' imputed incomes); Cushman v. Cushman,
585 So.2d 485 (Fla. 2d DCA 1991). Among the "relevant economic factors" to be considered in determining entitlement to alimony are "[a]ll sources of income available to either party." §
61.08(2)(g), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...Toolan,
227 So.2d 55, 56 (Fla. 4th DCA 1969) (Concurring opinion, White, Assoc. J.). [7] For example, § 65.05, pertaining to "Effect of decree of divorce upon children," was changed to "Effect of judgment of divorce on children." For similar changes compare § 65.08 to §
61.08; § 65.11 with §
61.11; § 65.15 with §
61.14 and § 65.20 with §
61.19.
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 1285
...Wright,
509 So.2d at 328. Affirmed. SCHWARTZ, C.J., and BARKDULL, HUBBART, NESBITT, DANIEL S. PEARSON and JORGENSON, JJ., concur. FERGUSON, Judge (dissenting) The question presented for rehearing en banc is a simple one of statutory construction. [1] Section
61.08(2), Florida Statutes (1985), is the statute in question....
...Similarly, the Florida courts hold that when statutory language conveys an unequivocal meaning, it is neither the function nor prerogative of the courts to speculate on other constructions. Heredia v. Allstate Ins. Co.,
358 So.2d 1353 (Fla. 1978). Section
61.08(2) clearly suffers no infirmity which would authorize judicial tampering....
...Merrill holds that a wife's sacrifice of a pension as a consequence of remarriage is not a material contribution as would support a claim to a special equity in the husband's property; nevertheless, the court recognized that a pension sacrifice is a nonmaterial contribution to the marriage. Merrill,
357 So.2d at 793. Section
61.08(2)(f) expressly requires the court to consider, for alimony purposes, nonmaterial contributions to the marriage....
...ted to reason by analogy from section
771.04, Florida Statutes (1983), which abolished a cause of action for breach of promise to marry. Section
771.04 bars a cause of action where a prospective spouse abandons the marriage plan before consummation. Section
61.08(2) applies to consummated marriages and specifically provides for support of one spouse by the other where justified as a matter of fact....
...es an important point recognized by the Duttenhofer court, Duttenhofer,
474 So.2d at 254-56 the "heart balm" act is not analogous authority. The foregoing is a summary of all the authorities relied upon by Duttenhofer for its interpretation of section
61.08(2)....
...sue. (See footnote 1 of dissent). A rehearing en banc was granted ostensibly to bring Wright into conformity with Duttenhofer, and perhaps for the purpose of reaching a result which the majority thinks is more equitable to Mr. Wright. In the process section 61.08(2) has undergone improperly a judicial rewriting....
...e court as a relevant economic factor in determining the propriety and amount of alimony. Wright,
509 So.2d at 328. Thus, an entirely separate question was answered in Wright. [2] In an unsuccessful attempt to distinguish the Iowa alimony cases from section
61.08, the Duttenhofer court observes that the Iowa court placed the alimony factors into two categories premarital and postmarital noting that the loss of economic benefits as a consequence of marriage falls into the first category....
...4th DCA 1974), the wife brought an action in tort against the husband on grounds that the husband induced the wife to marry him with false and fraudulent protestations of love. In affirming a dismissal of the complaint, the district court noted that the chancellor could weigh the claims in determining alimony pursuant to section 61.08(2)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2017 WL 1908388, 2017 Fla. App. LEXIS 6560
...porary support or, if it determines that some or all of the $60,000 should be treated as support, revisit the issue of equitable distribution. We must also find that the trial court erred in not considering the tax implications of the alimony award. Section 61.08(2)(h), Florida Statutes (2014), requires the court to consider the “tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payme...
...made it impossible for the court to determine the appropriateness of the alimony award); Gilliard v. Gilliard, 162 *
843 So.3d 1147, 1154 (Fla. 5th DCA 2015) (reversing where trial court failed to make specific findings on all the factors recited in section
61.08(2), including the tax treatment and consequences of awarding alimony)....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2005 WL 545118
...The fact that the former husband has a lucrative practice does not justify the court turning a blind eye to the statutory factors to be considered in an award of alimony, which include the financial resources of each party and the sources of income available to each. See § 61.08(2)(a)-(g), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2001 WL 208792
...See §
61.075(6), Fla.Stat. (1997). We find no error in the court's order with respect to the remaining assets. While the trial court was authorized to order the husband to establish and maintain a life insurance policy as security for support obligations, see §
61.08(3), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 4344, 2011 WL 1136434
...scheme, we also direct that the trial court reconsider the alimony award to Mrs. Orloff in light of its recalculation of equitable distribution. If it thereafter decides to award alimony, it shall also make sufficient findings of fact as required by section 61.08(2) to support that award in order to facilitate further appellate review, if necessary....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2012 WL 933061
...the *1104 next four years.) The Husband is also paying for [the adult son's] car and car insurance. Second, it was due to the trial court's failure to "provide for the needs and necessities of life as they were established during the marriage." See § 61.08(8), Fla....
...and the value of the parties' estates. (Emphasis added). Consideration of standard of living is to ensure that one spouse is not "shortchanged." Id. at 1204. The obligation to consider standard of living when making an alimony award was codified in section 61.08(2)(a), Florida Statutes (2009) (requiring the court below to consider "[t]he standard of living established during the marriage" when making an alimony award)....
...uld allow the former wife to live the lifestyle established prior to the dissolution of marriage. [2] The former wife at one point had obtained a real estate license and sold two houses using referrals from the husband. [3] Currently, in addition to section 61.08(2)(a), section 61.08(8), Florida Statutes (2011) provides, "[p]ermanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties[.]" [4] Although the final fees award did not mention...
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2017 WL 788392, 2017 Fla. App. LEXIS 2725
...a
Parent PLUS loan he incurred on behalf of the parties' daughter. We reverse.
The trial court determined that the former wife had a need for permanent
periodic alimony and that the former husband had the ability to pay alimony. See §
61.08(2), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...We agree.
First, the Husband contends that the trial court erred in calculating the
alimony award by using the parties' gross incomes rather than their net incomes. This
contention is correct.
-8-
Section 61.08(2) requires that any award of alimony be based on one
party's need for alimony and the other party's ability to pay....
...On remand, the trial court must reconsider the alimony award using the
parties' respective net incomes and taking additional evidence if necessary on the
parties' current incomes. If the court again awards alimony, it must make factual
findings concerning all of the factors identified in section 61.08(2) and these findings
must be supported by the evidence actually presented to the court....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1374
...tive financial contributions to the marriage would be or agree upon the financial ramifications of dissolution. The marriage lasted less than ten months. Of the statutory factors which guide the trial court in its determination to award alimony, see § 61.08, Fla....
...A spouse's complete or partial voluntary surrender of employment is inextricably connected to his or her ability to affirmatively contribute other services to the marriage, "including, but not limited to, services rendered in homemaking, child care, education and career building of the other party," § 61.08(f), Fla....
...BASKIN, Judge (concurring specially). I concur specially in the majority opinion. Although I agree with the result, I am unable to accept its reasoning and take issue with some of its statements. The legislature has enunciated the factors appropriate to an award of alimony. Section 61.08, Florida Statutes (1983) provides: (1) In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be rehabilitative or permanent in nature....
...It is my opinion that the appellant has been woefully shortchanged. She has been, so to speak, put out of a yacht and into a rowboat without a paddle. Equity and good conscience cry out for an enhancement of alimony. This is so because it appears the trial court did not consider, as required by section 61.08, the relevant economic factors present in this case, including the standard of living established by the millionaire husband for the parties while living on the husband's sixty-four foot yacht, and the health problems which the wife had and may have in the future....
...man worth over $1,000,000 is entitled to an award of alimony which at least will restore her to the position of financial security which she gave up in the mistaken expectation that her husband would support her." [2] The other factors set forth in Section 61.08, Florida Statutes (1983), are: "(a) The standard of living established during the marriage....
...erty rights and obligations of the parties in a divorce action, which included both premarital and post-marital criteria. One of the premarital criteria was "[w]hat each sacrificed or contributed, financially or otherwise, to the marriage." Notably, Section 61.08, Florida Statutes (1983), has no comparable provision....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2012 WL 2400889, 2012 Fla. App. LEXIS 10483
...Following trial, the court entered a Final Judgment of Dissolution and, later, based on the wife’s motion for rehearing, which was granted in part, entered an Amended Final Judgment of Dissolution. In the Amended Final Judgment, the trial court considered the statutory factors set out in section 61.08, Florida Statutes, and awarded the wife $1,000 per month in permanent periodic alimony and six months of retroactive alimony....
CopyCited 2 times | Published | Supreme Court of Florida
...ich [Aldrich v. Aldrich,
163 So.2d 276 (Fla. 1964)] would result in the sudden cutting off of the infirmed spouse's sole means of support. Even though the husband (or wife) leaves a vast estate, she (or he) would be left penniless. Florida Statutes, Section
61.08(2) allows the trial judge to consider just such a situation and to alleviate the hardship that could result and to do equity and justice between the parties." The rights of neither party should be derogated by unreasonable application o...
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 9109, 2010 WL 2509130
...ution. Finally, we address the issue of alimony. For a marriage of about six years duration, the wife sought a lump sum payment of $500,000 plus five years of bridge-the-gap alimony of $8,344 per month. The court considered the factors enumerated in section 61.08, Florida Statutes (2008)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2007 WL 1772115
...We agree and, therefore, reverse. A trial court has broad discretion in awarding and determining the amount of alimony to do equity between the parties. See Canakaris v. Canakaris,
382 So.2d 1197 (Fla.1980). The standard of review is abuse of discretion. See id. Section
61.08(1), Florida Statutes (2005), requires that, in awarding alimony, the trial court shall provide findings of fact relative to the factors enumerated in subsection (2) of the statute, which provides: In determining a proper award of alimon...
...The court may consider any other factor necessary to do equity and justice between the parties. In the instant case, the trial court found that the wife was in need of, and the husband had the ability to pay, permanent periodic alimony. The trial court made the requisite findings of fact pursuant to section 61.08(1) and ordered the husband to pay the wife permanent periodic alimony in the amount of $250 per month....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1988 WL 62115
...termination of alimony. *1028 We affirm the fourth issue on the basis of our court's recent decision in Fiveash v. Fiveash,
523 So.2d 764 (Fla. 1st DCA 1988). As we did in Fiveash, we certify the following question to the Florida Supreme Court: Does §
61.08(3) Florida Statutes (1985) authorize a trial court to require an alimony paying spouse to maintain a life insurance policy securing said alimony award, such that upon the death of the paying spouse the receiving spouse is only entitled to re...
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...matters must be accorded the utmost respect on appeal. The chancellor having reserved jurisdiction to enter "such additional orders as may be necessary and proper," we need not revisit the question of whether, without such language in the judgment, Section 61.08, Florida Statutes (1979), enables the chancellor to reconsider the question of permanent periodic alimony during or at the end of the *1300 appellant's period of economic rehabilitation....
...The Florida decisions establish that the standard of need for the award of alimony after a marriage of some duration is " the standard of living enjoyed during its course," Kanakaris, p. 1202 (e.s.), or the "standard ... established during the marriage," § 61.08(2)(a), Florida Statutes....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1989 WL 84315
...r the spouse or a depletion of the family resources, we are not inclined to believe that Mrs. Mosbarger's criminal conduct, which is not a statutorily recognized act of marital misconduct, should be treated more severely in this domestic proceeding. § 61.08(1), Fla....
...Simzer,
514 So.2d 372 (Fla. 2d DCA 1987); Lange v. Lange,
357 So.2d 1035 (Fla. 4th DCA 1978), cert. denied,
380 So.2d 1027 (Fla. 1980). Among the factors which the trial court must consider in awarding alimony are both the physical and emotional condition of each party. §
61.08(2)(c), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2014 WL 3673942, 2014 Fla. App. LEXIS 11393
..."In determining whether to award alimony or maintenance, the
court shall first make a specific factual determination as to whether either party has an
actual need for alimony or maintenance and whether either party has the ability to pay
alimony or maintenance." § 61.08(2), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...One such explanation (and, the more likely one, judging by the language of the final judgment) is that the trial court simply believed it was in no way bound by the alimony provisions of the agreement, but to the contrary was free to exercise its discretion to determine alimony under Fla. Stat. § 61.08 (1971)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1998 WL 2441
...The criteria to be used in establishing this need include the parties' earning ability, age, health, education, the duration of the marriage, the standard of living enjoyed during its course, and the value of the parties' estates. Id. at 1202. The criteria for alimony have now been codified by the legislation in section 61.08(2), Florida Statutes (1995). [1] While the wife's earning ability is one factor to be considered, it is not by itself dispositive and does not preclude an award of permanent alimony in this long-term marriage where, based on the factors in section 61.08, need is demonstrated and the husband has the ability to pay....
...ding spouse to pay the necessary medical expenses not covered by insurance and the judge's authority to consider any permanent injury, disfigurement, or loss of earning capacity caused by an intentional tort in establishing appropriate alimony under section 61.08, particularly that provision which provides "the court may consider any other factor necessary to do equity and justice between the parties." Id....
...The just-quoted portion of the Hill decision remains an accurate statement of the law, and provides authority for the equitable remedy fashioned in this case. Finally, the husband also challenges the equitable distribution. We find no abuse of discretion. Affirmed. NOTES [1] Section 61.08(2), Florida Statutes, provides: (2) In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to: (a) The standard of living established during the marriage....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2007 WL 173918
...However, while section
61.14(1)(b)2 catalogs a nonexclusive listing of other factors for the court's consideration, the financial circumstances remain pertinent and the court was entitled to consider the appellee's financial need. See Donoff v. Donoff,
940 So.2d 1221 (Fla. 4th DCA 2006); §
61.08(2), Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...factors set
forth in section
61.13(a)-(t), Florida Statutes, concerning parental
responsibility and timesharing of the minor child—finding that
most of the factors favored the former wife; and made equally
detailed findings on the factors found in section
61.08(a)-(j),
Florida Statutes, concerning an award of alimony....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1994 WL 656164
...est for alimony. For the same reason, we see no abuse of discretion in the trial court's denial of attorney's *66 fees for the wife. At the very least, reasonable people may differ as to the propriety of the trial court's ruling in this respect. See § 61.08(2), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 501
...equitable" due to a disproportionate contribution of labor, income or services. It is important to note that here we are not reviewing a distribution based on need and ability to pay. Nor is this award based on any of the specific criteria listed in section 61.08, Florida Statutes....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...In reviewing the relative merits of the trial court's action, we are constrained by our supreme court's admonition in Conner v. Conner,
439 So.2d 887 (Fla. 1983), that we must not exceed our scope of review by making our own findings of fact. In that limited capacity, we must apply the criteria set forth in section
61.08(2), Florida Statutes (1981) to the trial court's award in order to determine whether the court properly awarded the lump sum alimony. Although economic factors are certainly an important consideration in a trial court's determination, they are essentially circumscribed by the court's broad discretion to do equity and justice between the parties. Section
61.08, Florida Statutes (1981)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1998 WL 833747
...n to secure future alimony and child support awards should be identified. Accordingly, we reverse and remand for further proceedings. The parties were married for approximately 24 years. Considering this and all other relevant factors as required by section 61.08, Florida Statutes (1995), we conclude that the trial court abused its discretion *447 when it awarded rehabilitative, rather than permanent periodic, alimony....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2013 WL 6691134, 2013 Fla. App. LEXIS 20110
...She specifically challenges the circuit court’s determination that the parties’ prenuptial agreement was valid and enforceable as a result of the application of laches and ratification. She does not challenge the trial court’s determination that she is not entitled to any alimony under section 61.08, Florida Statutes (2012). Because it is clear from the record that the former wife is not entitled to alimony under section 61.08, we affirm that portion of the judgment....
...The court held that “even if the prenuptial agreement were not enforceable, the former wife worked prior to the marriage, during the marriage, and since separation” and that the former wife was not entitled to alimony according to the enumerated statutory factors in section 61.08....
...The trial court fully considered the issue of alimony independent of its ruling concerning the validity of the prenuptial agreement. The record demonstrates that the trial court contemplated the issue of alimony in light of the statutory factors of section 61.08, and determined that the former wife was not entitled to alimony except as provided in the prenuptial agreement....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1855046
...ween the parties, and its award of fees to the wife's attorney. We agree with all Mr. Sayegh's arguments and reverse. Concerning alimony, none of the court's oral or written findings reflect that it considered the relevant economic factors listed in section 61.08, Florida Statutes (1997)....
...Moreover, the Sayeghs were separated and living apart for five years before their marriage was formally dissolved. It is hard to believe that Mrs. Sayegh had not already accomplished the transition discussed in Borchard. In most cases we would remand for the court to make the appropriate findings under section 61.08....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 18967, 2015 WL 9239673
...In its final judgment, -the' trial' court found: “Based on the financial ability of the parties and the moderate term of the marriage, Wife is' not entitled to alimony.” In dissolution of marriage actions, alimony- is awarded based on statutory guidelines. Section 61.08(4), Florida Statutes (2014), reads: .....
...s but less than 17 years, and long-term marriage is a marriage having a *704 duration of 17 years or greater. The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage. § 61.08, Fla....
...Permanent alimony is “awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial • ability to meet his or her needs and necessities of life following a dissolution of. marriage.” § 61.08(8), Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2004 WL 2898097
...ionally losing his job. In reversing, the court pointed out that this fact had already been used to impute income and award periodic alimony and could not additionally support a lump sum award. That was not the basis of the award in this case. Under section 61.08, Florida Statutes (2002) which governs both lump sum and periodic alimony, the court "shall consider all relevant economic factors," including the following, which we find particularly applicable: standard of living, financial resources...
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 10 Fla. L. Weekly 1887
...Cossaboom, Jr., Indialantic, for appellant. Michael D. Holliday, Melbourne, for appellee. DAUKSCH, Judge. The final order modifying a dissolution of marriage judgment is reversed. It is apparent from the record that the trial judge did not consider the criteria required under section 61.08, Florida Statutes (Supp....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2014 WL 3865835, 2014 Fla. App. LEXIS 12140
...voluntary and that he has a greater earning capacity than the wife.
Nor was the trial court required to make findings of fact supporting its
denial, beyond its finding that neither party had an actual need for alimony or
maintenance, as required by section 61.08(1), Florida Statutes (2012). The court
would have been required to make findings based upon the factors in section
61.08(2) only if the court had concluded that one of the parties was entitled to
alimony....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 11460, 2010 WL 3059609
...Finally, Austin again will guide the trial court on remand concerning the amount of alimony to award: To support its alimony determination, the trial court must include specific findings of fact in the final judgment. Although the final judgment contains some findings concerning the factors listed in section 61.08(2)(a)-(g), the trial court failed to make specific findings concerning the financial resources and income available to each party....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2013 WL 4605622, 2013 Fla. App. LEXIS 13927
...the marital property. B. Life Insurance Obligation A trial court has the power to order any party responsible for payment of alimony to “purchase or maintain a “life insurance policy or a bond” to the extent necessary to protect the award.” § 61.08, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 11718
...discretion. However, ‘[w]here a tidal judge fails to apply the correct legal rule ... the action is erroneous as a matter of law.’ ” Ondrejack v. Ondrejack,
839 So.2d 867, 870 (Fla. 4th DCA 2003) (alterations in original) (citations omitted). Section
61.08, Florida Statutes (2013), governs the award of alimony and provides the following in pertinent part: (1) In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, reha...
...ning capacities, “educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.” § 61.08(2), Fla....
...The statute further provides that “there is a rebuttable presumption that a ,.. long-term marriage is a marriage having a duration of 17 years or greater,” and that the “length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage.” § 61.08(4), Fla....
...et his or her needs and necessities of life following a dissolution of marriage. Permanent alimony may be awarded following a marriage of long duration if such an award is appropriate upon consideration of the factors set forth in subsection (2).... § 61.08(5), (8), Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2013 WL 4525302, 2013 Fla. App. LEXIS 13640
...er motion for rehearing. The circuit court did not address the issue of the Former Wife’s expenses for income taxes either in its order approving and ratifying the Recommended Order or in its order denying the Former Wife’s motion for rehearing. Section 61.08(2)(h) requires that “in determining the ......
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2002 WL 1906240
...er payment" of $6,000 a month. Jayne's prayer for alimony was wholly rejected by the trial court. We find no error. As courts of this state have long recognized, the sine qua non of alimony awards is the relative need and ability of the parties. See § 61.08(2)(d), Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 6002, 2015 WL 1851561
...Alimony Former Husband argues that the trial court committed five errors in awarding permanent periodic alimony to Former Wife. He asserts that the trial court erred in: (1) determining his income for purposes of computing alimony; (2) failing to make sufficient findings of fact pursuant to section 61.08(2), Florida Statutes; (3) failing to impute at least full-time minimum wage income to Former Wife in calculating the alimony award; (4) requiring him to maintain life insurance to secure the alimony award; and (5) requiring him to pay t...
...timely pay alimony. In order to award alimony, a court must make “a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance.” § 61.08(2), Fla....
...limony. Demont v. Demont,
67 So.3d 1096, 1101 (Fla. 1st DCA 2011). For purposes of determining the type of alimony, “a marriage having a duration of greater than 7 years but less than 17 years” is considered a “moderate-term marriage.” *1154 §
61.08(4), Fla....
...Pollock,
722 So.2d 283, 285 (Fla. 5th DCA 1998). Permanent alimony may be awarded following a moderate-term marriage “if such an award is appropriate based upon clear and convincing evidence after consideration of the factors set forth in subsection (2).” §
61.08(8), Fla....
...t income; rather, it should be considered in the division of marital assets. See Hahn v. Hahn,
595 So.2d 1098, 1099 (Fla. 4th DCA 1992). The trial court also erred by not making specific findings in its judgment as to all of the factors set forth in section
61.08(2), Florida Statutes. The court stated that it considered all the factors outlined in section
61.08(2)....
...ge, or the tax treatment and consequences of awarding alimony- As this court recently wrote in Wright : A final judgment awarding or denying alimony must contain findings of fact relative to the specific, non-exhaustive list of factors enumerated in section 61.08(2). Section 61.08(2), Florida Statutes (2012), mandates that the trial court evaluate any relevant economic factors, including the parties’ earning ability, age, health, education, standard of living during the marriage, value of each party’s estate and contribution to the marriage. In conducting the required evaluation, the trial court must make findings of fact regarding each listed factor. This Court has consistently held that a trial court’s failure to make the findings of fact, as section 61.08 requires, constitutes reversible error....
...r impedes our review. Accordingly, we reverse the alimony award and remand. To facilitate possible future review, the trial court should make specific findings as to the parties’ respective net monthly income 5 and each factor enumer *1155 ated in section 61.08(2)....
...y award on remand necessitates a recalculation of the alimony arrear-age and child support arrearages, if any. Former Husband also asserts that the trial court erred in requiring him to maintain life insurance as security for his alimony obligation. Section 61.08(3), Florida Statutes (2013) provides: To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets which may be suitable for that purpose. § 61.08(3), Fla....
...hether to impute full-time minimum wage income to Former Wife if, at the time of the hearing on remand, she is not otherwise working fulltime. In fashioning the alimony award, the court should also make specific findings of fact as to all factors in section 61.08(2)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 13471, 2016 WL 4681076
...on husband’s financial affidavit and where no other evidence was presented to justify the amount awarded). Additionally, the wife argues that the final judgment failed to set forth the findings of fact necessary to support its alimony award under section 61.08, Florida Statutes, which provides a specific, non-exhaustive list of factors for the court to consider. Notably, section 61.08(1) provides, in part, that: “In all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony.” § 61.08(1), Fla....
...5th DCA 2014) (recognizing a rebuttable presumption in favor-of permanent alimony with respect to long-term marriages). Notably, the trial court made no findings of'facts supporting a conclusion that permanent alimony was not appropriate in this case. § 61.08(1), (2), *523 (7) and (8), Fla....
...2d DCA 2002) (holding that the trial court’s finding that former wife has the ability to work full-time rebutted the presumption of entitlement to permanent periodic alimony). As such, we reverse the award of alimony and remand for the trial court to make the required findings of fact under section 61.08, and for further proceedings consistent with this opinion....
...A significant adjustment of the amount of alimony awarded may require adjustment of the award provisions of the final judgment regarding child support and attorney’s fees. Affirmed in part, reversed in part, and remanded. GERBER and KLINGENSMITH, JJ„ concur. . The pertinent subsections of section 61.08, are: (1) ......
CopyCited 1 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 617, 2013 WL 4734603, 2013 Fla. LEXIS 1892
...The court may order periodic payments, payment in lump sum, or both. In determining whether to award alimony, the court must determine whether either party has an actual need for alimony and whether the other party *328 has the ability to pay. The court must consider the factors set forth in section 61.08, Florida Statutes, and must make certain written findings....
...Permanent alimony is paid at a specified, periodic rate until: modification by a court order; the death of either party; or the remarriage of the party receiving alimony, whichever occurs first. Permanent alimony requires consideration of the factors set forth in section 61.08(2), Florida Statutes, and must include certain written findings by the court....
...s employer’s payroll cycle, and in any event, at least once a month or () other { ex plain}- beginning {date} _ and terminating on: { date}-, the death of either party; remarriage of the Obligee; or until modified by court order in accordance with section 61.08(7), Florida Statutes, whichever occurs first....
...Obligor’s employer’s payroll cycle, and in any event, at least once a month or () {explain} _ beginning { date} _ and terminating on {date} _, the death of either party, remarriage of Obligee, or until modified by court order in accordance with section 61.08(7), Florida Statutes, whichever occurs first....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1999 WL 458781
...recognize a species of alimony entitled "savings alimony" and (2) that a trial court, in determining an amount of permanent alimony, may properly consider a "savings component" if the evidence shows it to be a relevant economic factor pursuant to subsection 61.08(2), Florida Statutes (1995)....
...Mr. Mallard does not contest the trial court's calculation method, only the decision to award what the trial court called "savings alimony" at all. We first address whether there is a species of alimony called "savings alimony." We hold there is not. Section 61.08 identifies the permissible types of alimony that a trial court in Florida may award: rehabilitative, permanent, or lump sum alimony. It does not contain a category of alimony entitled "savings alimony," and we decline to judicially create one. The next question is whether subsection 2 of section 61.08 authorizes a trial court to award permanent alimony that includes within its computation a savings component....
...Zeigler,
635 So.2d 50 (Fla. 1st DCA 1994). Thus, the alimony award should permit each party to enjoy the prior lifestyle of the marriage, given the availability of financial resources, another major factor. See Laz v. Laz,
727 So.2d 966 (Fla. 2d DCA 1998). Among section
61.08(2)'s suggested relevant economic factors are the "financial resources" of the parties and "any other factor necessary to do equity and justice between the parties." By using such broad language, the legislature intended the trial court to consider the totality of the parties' economic lifestyle....
...No additional amount of alimony should have been considered. Nevertheless, the trial court awarded the wife the $4,250 per month amount plus an additional $3,125 per month for "savings alimony," citing Messina v. Messina,
676 So.2d 483 (Fla. 1st DCA 1996), and section
61.08(1), Florida Statutes (1997)....
...2d DCA), review denied,
725 So.2d 1107 (Fla.1998). What may occur in the future is not a criteria for an alimony award. See Olds v. Olds,
555 So.2d 883 (Fla. 2d DCA 1989). If circumstances do change in the future, either party may file a petition for modification. Reliance on section
61.08 by the trial court was misplaced. The factors of section
61.08(2) are only considered to establish need....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 14156
...awarded after the amount of imputed income is recalculated.”). That amount may be more than the,$11,000 per month; it certainly will be more than $100 per month. The trial court must make factual findings relative to all of the factors set forth in section 61.08(2), Florida Statutes (2016), in determining the proper amount of alimony....
...Watford v. Watford,
191 So.3d 993, 994 (Fla. 4th DCA 2016); Ondrejack v. Ondrejack,
839 So.2d 867, 870 (Fla. 4th DCA 2003). One of these factors is “[t]he earning capacities, educational levels, vocational skills, and employability of the parties.” §
61.08(2)(e), Fla. Stat. Another factor is “[t]he financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.” §
61.08(2)(d)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...It is a continuous allotment of funds payable at regular intervals for her support from year-to-year." Phelan v. Phelan,
12 Fla. 449, 456 (1868) (e.s.). The concept that permanent alimony was to be paid only periodically persisted until 1947, when Chapter 23894, Laws of Florida (1947), amended Section
61.08 by authorizing permanent alimony to be paid either periodically or in a lump sum....
...d whose circumstances made it appropriate that the custodian not be required to seek employment outside the home. See H.B. 736, Section 8 (Reg. Session 1971). The governor, however, vetoed this measure. [2] The final compromise provision of the Act, Section 61.08(1), modified the 1969 statute (1) by permitting any spouse to apply for alimony, whereas only the wife could do so before, (2) by allowing an award of rehabilitative alimony, and (3) by permitting the court to consider the adultery of t...
...e Court's recent opinion in Williamson v. Williamson,
367 So.2d 1016 (Fla. 1979), where the court held that a trial judge could permit evidence of misconduct by the spouse who caused economic hardship to the other, as an equitable circumstance under Section
61.08(2), only after it is demonstrated that both parties will suffer economic hardship following division of their resources....
...t be jeopardized. The sole justification for the award was to compensate the wife for her contribution to the marriage as a homemaker while the husband "pursued the accumulation of material goods." Id. at 726. Brown found support for its decision in Section 61.08(2), permitting the trial court to "consider any other factor necessary to do equity and justice between the parties." [4] Whatever the Brown court labeled the award, it simply was not alimony, since the award was based on factors other than one spouse's need and the other's ability to supply those needs....
...p sum alimony, such as the exclusive use and possession of the home. While we reverse the lump sum alimony awards entered, we certify the following question to the Florida Supreme Court as one of great public interest: May a trial court, pursuant to Section 61.08(2), Florida Statutes (1977), base an award of lump sum alimony on factors (such as those discussed in Brown v....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 13918, 2016 WL 4944080
...With regard to the award of
alimony, both parties insist, albeit for different reasons, that the trial court improperly
considered Wife’s adulterous behavior.
"Durational alimony may be awarded when permanent periodic alimony is
inappropriate." § 61.08(7), Fla....
...ng on the date
of entry of the final judgment.
5
Additionally, we find no error in the trial court’s consideration of Wife’s adulterous
behavior and reject any argument to the contrary. Section 61.08(1), Florida Statutes
(2014), permits a trial court to consider evidence of adultery in determining a proper award
of alimony....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1990 WL 57799
...ore she married him and her recent activities do not indicate that she is making a living for herself or trying to better herself ... She has been enjoying life at the expense of others so I don't think she's entitled to rehabilitative alimony... ." Section 61.08, Florida Statutes (Supp....
...no better or worse than it was before she married him," applied an incorrect standard. In addition, the court erred in basing its exclusion of testimony relating to the husband's infidelity on the fact that the husband was not seeking alimony. Under section 61.08(1), Florida Statutes, as amended in 1988 and effective at the time of the hearing in this case, it is proper for the court to consider the adultery of either spouse in determining whether alimony of any kind should be awarded....
...*264 Because the trial court improperly excluded certain relevant testimony and applied an improper standard in determining the issue of entitlement to rehabilitative alimony, we reverse the order appealed and remand for reconsideration of the dispositional scheme after an evidentiary hearing consistent with the dictates of section 61.08, Florida Statutes....
...d was not seeking such an award. We note that Florida law requires both trial and appellate courts to take judicial notice of certain decisional, constitutional, and public statutory law of the state of Florida. And as set out in the opinion herein, section 61.08, Florida Statutes (Supp....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2001 WL 1335609
...Each party *1284 presented expert accountants to determine both the wife's needs and the husband's ability to pay, based on the investment strategies for the husband's inheritance. After hearing the evidence, the trial court prepared a detailed final judgment. The court evaluated each criteria for the award of alimony under section 61.08, Florida Statutes (1999)....
...The court did not find the husband's investment decisions to be unreasonable. Noting that income alone is not the criterion for determining the husband's ability to pay, the court then considered all of the husband's resources, both marital and non-marital, relying on section 61.08(2)(d)....
...never achieved during the marriage and where the parties never spent down the principal prior to dissolution, that situation is not present here. Where, as here, the parties' standard of living required invading the principal of non-marital assets, section 61.08(2)(d) permits the trial court to look to all the financial resources of the parties, including "the nonmarital ......
...He was sixty-nine years old at the time of the dissolution. Because the parties chose a lifestyle that modestly depleted the principal prior to the divorce, it was reasonable for the trial court to employ a similar financial approach in the final decree. See § 61.08(2)(d), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 17662, 2014 WL 5462423
...The court gave no basis for the specific amount of $3,750.00 per month awarded beyond a finding that the parties had each acquired various debts. This alone warrants reversal and remand. See Kemmet v. Kemmet,
885 So.2d 408, 409 (Fla. 1st DCA 2004) (“Because the trial court did not make the findings of fact mandated by section
61.08(1), Florida Statutes (2003), regarding the amount of alimony it awarded and we are unable to divine from the record how it arrived at the amount ......
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2013 WL 5762985, 2013 Fla. App. LEXIS 17054
...e a life insurance policy available to him at an extremely reasonable rate” and explained that it would be ordering him to maintain the policy and name the Former Wife as the beneficiary. The final judgment reflected that this was done pursuant to section 61.08(3), Florida Statutes (2011)....
...If the court, after the evidentia-ry hearing, concludes that the existing beneficiary designation is protected by the SGLIA, then it cannot order the change. However, the trial court may nonetheless order the Former Husband to obtain an additional policy pursuant to section 61.08(3) if the trial court deems it appropriate under the circumstances....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2004 WL 2309961
...eiving the 49 percent of the husband's future military retirement pay she was awarded), and the failure to order that the husband pay any portion of her attorney's fees and costs. Because the trial court did not make the findings of fact mandated by section 61.08(1), Florida Statutes (2003), regarding the amount of alimony it awarded and we are unable to divine from the record how it arrived at the amount (which appears somewhat low), we reverse the alimony award and remand for the required findings....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2003 WL 22239333
...In cases where support is sought without dissolution of marriage, the statute does not prohibit this use of lump sum alimony but instead allows the court to tailor the remedy to the facts and circumstances. See §
61.09 ("the court shall enter an order as it deems just and proper."); see also §
61.08(2) ("[In awarding alimony generally] [t]he court may consider any other factor necessary to do equity and justice between the parties.")....
CopyCited 1 times | Published | Florida 5th District Court of Appeal
...regarding the one spouse’s need or the payor spouse’s ability to pay during the retroactive
period).
Second, Former Wife contends that the trial court erred in requiring that she
maintain a $500,000 life insurance policy as security for her alimony obligation. Section
61.08(3), Florida Statutes (2015), permits the trial court to order a party to purchase or
maintain a life insurance policy as security for payment of alimony....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 17775, 2011 WL 5375036
...2d DCA 2009); DeLillo v. DeLillo,
848 So.2d 454 (Fla. 4th DCA 2003); Calderon v. Calderon,
730 So.2d 400 (Fla. 5th DCA 1999). In addition, the final judgment awarded permanent periodic alimony without articulating the basis for such an award. 1 See §
61.08(2)(a)-(g), Fla....
...Affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion. . We also note that the final judgment fails to provide that the award of permanent periodic alimony terminates upon the former wife’s remarriage or the death of either party. See § 61.08(8), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2008 WL 4820488
...After equitably dividing the parties' limited assets, the trial court determined that Lillie was entitled to an award of permanent periodic alimony. This determination was made only after the trial court had made detailed findings as to the factors required to be considered, pursuant to sections 61.08(1) and (2), Florida Statutes (2007), prior to the award or denial of alimony....
...on of income is not per se improper. See, e.g., Sonnenfeld v. Sonnenfeld,
954 So.2d 1279 (Fla. 5th DCA 2007); Naugle v. Naugle,
632 So.2d 1146 (Fla. 5th DCA 1994). An alimony award made after appropriately considering all of the factors set forth in section
61.08(2) will generally be upheld if the amount awarded is not arbitrary, fanciful, or unreasonable....
...Kennedy,
622 So.2d 1033 (Fla. 5th DCA 1993). Rather, the record reflects that the trial court determined that an alimony amount that would result in the equalization of the parties' income was appropriate only after considering all of the factors set forth in section
61.08(2)....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2013 WL 5927542, 2013 Fla. App. LEXIS 17661
...f section
61.14(1)(b), and that based on this finding, section
61.14(1)(b)3. provided the court with authority to reduce or terminate the former husband’s alimony obligation to the former wife. Then the trial court considered the factors listed in section
61.08(2) in determining whether a reduction or termination of alimony was appropriate, as is required under that subsection....
...actors listed in section
61.14(l)(b)2. and any other pertinent circumstances; (2) determining whether, based on these findings, a supportive relationship exists; (3) considering the relevant economic factors for determining an award of alimony under section
61.08(2); and (4) determining whether alimony should be reduced or terminated and, if so, by how much....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 16558, 2009 WL 3670354
...The former husband failed to preserve for appellate review his various arguments challenging the trial court's factual findings as being inadequate. See Alpha v. Alpha,
885 So.2d 1023, 1027 (Fla. 5th DCA 2004). In any event, because the support amount was contractual in nature, the findings required by section
61.08, Florida Statutes were unnecessary. See Hannon v. Hannon,
740 So.2d 1181, 1187 (Fla. 4th DCA 1999) (alimony statute does not displace nuptial agreements); Todd v. Todd,
734 So.2d 537, 541 (Fla. 1st DCA 1999)(fact-finding requirements of section
61.08 are applicable where entitlement to alimony or amount is at issue)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 17848, 2008 WL 4999084
...The primary focus is on one party's need and the other's ability to pay support to supply those needs. "To determine need, the court should consider the standard of living the Former Wife enjoyed during the marriage and her age, health, and earning ability." Matajek v. Skowronska,
927 So.2d 981, 987 (Fla. 5th DCA 2006). Section
61.08(1), Florida Statutes (2005), contains the other factors a trial court must consider in deciding whether to award alimony and in what amount....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2008 WL 4998684
...The trial court thus erred when it failed to order the husband to provide health insurance for the children. d. Alimony and Support The trial court also erred when it awarded the wife thirty-six months of alimony at an amount of $2,000 per month. The court failed to consider all of the statutory factors outlined in section 61.08, particularly the language regarding "any other factor necessary to do equity and justice between the parties." When considering equitable distribution, the trial court described the husband's outrageous behavior in dissipating the part...
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 18068, 2010 WL 4703852
...d upon the evidence presented and no reversible error has been shown. However, regarding permanent periodic alimony, the trial court neither granted nor denied former wife's request. After making findings of fact on the factors listed in subsections 61.08(2)(a) and (b), Florida Statutes, a partial finding under subsection (c), and no findings on factors (d) through (g), the trial court noted the circumstances of each party's unemployment and possibilities of future employment....
...Martinez,
573 So.2d 37, 40 (Fla. 1st DCA 1990); see also Gruner v. Westmark,
617 So.2d 420 (Fla. 1st DCA 1993) (deferral of final ruling on child custody was fundamental error). Speculation or concern about future developments regarding the applicable statutory factors listed in section
61.08(2), Florida Statutes, such as the parties' physical and emotional conditions and all sources of income available to each party, do not justify a deferral of a final ruling on the former wife's request for periodic alimony. The final order applying section
61.08 must be based upon "a present-based analysis" rather than a deferral to wait and see how the parties' situations work out....
...n permanent periodic alimony is reversed and this case remanded. On remand, the trial court shall either grant or deny permanent periodic alimony, based upon specific findings of fact or a finding of inapplicability for each of the factors listed in section 61.08(2), Florida Statutes, as of the time of remand....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1999 WL 1049346
...ppeal from a final judgment of dissolution of marriage. As to the remaining issues, all of which were raised by the appellant/cross-appellee wife, we reverse and remand the trial court's failure to require the appellee/cross-appellant husband, under section 61.08(3), Florida Statutes (1995), to secure the alimony award through a life insurance policy, or otherwise secure such alimony owed with other assets....
...Based on this construction we affirm. As to the wife's contention that the amount of lump sum alimony awarded was inadequate the standard of review is abuse of discretion. See Canakaris v. Canakaris,
382 So.2d 1197 (Fla.1980). Awards of lump sum alimony are authorized under section
61.08, Florida Statutes (1995)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1998 WL 821910
...1st DCA 1988), held: "It is improper to refuse to award alimony or reduce the amount of alimony, ... merely because of the existence of the requesting spouse's adultery." I suggest that these cases not only misconstrue the holding of Noah, they rewrite section 61.08(1) which expressly permits the trial court to consider adultery in determining whether to award alimony....
...It is the fact that the wife has breached her marriage vows, not with whom she has breached them, that should interest the court. [2] But this is a gender neutral argument. See Young v. Young,
677 So.2d 1301 (Fla. 5th DCA 1996). [3] For example, the factors listed in section
61.08(2) are relevant both in considering the amount of alimony to award as well as whether to award any alimony at all....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 18838, 2014 WL 6460709
...Nevertheless, the need of one
spouse and the ability to pay of the other spouse continue to be the most
important factors to consider in modification proceedings. Boone v. Boone,
3 So. 3d 403, 404 (Fla. 2d DCA 2009). In determining the extent of
modification, the trial court should consider those factors listed in section
61.08, Florida Statutes, to the extent that they are relevant in a
modification proceeding. See Donoff v. Donoff,
940 So. 2d 1221, 1223 (Fla.
4th DCA 2006). These factors include each party’s financial resources,
earning capacities, employability, and sources of income. See §
61.08(2)(a)-(j), Fla....
...The court then noted, “[a]n award of alimony that results
in the equalization of income is not per se improper.” Id. at 485. The trial
court in Beebe had not equalized the parties’ income without regard to the
factors of need and ability contained in section 61.08, Florida Statutes.
Instead, the court had determined that equalization was appropriate after
applying those factors....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 18412, 2011 WL 5600018
...We must, therefore, reverse the final judgment distributing the parties' marital assets. On remand, the trial court shall make specific findings that support the equitable distribution scheme. Prest,
749 So.2d at 539-40. On remand, the trial court also must make factual findings regarding its denial of alimony as required by section
61.08, Florida Statutes (2011). At the time the final judgment in this case was entered, section
61.08 read as follows: (2) In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to: (a) The standard of living established during the marriage....
...to, services rendered in homemaking, child care, education, and career building of the other party. (g) All sources of income available to either party. The court may consider any other factor necessary to do equity and justice between the parties. § 61.08, Fla....
..., including the award of alimony, both permanent periodic and lump sum; the equitable distribution of the marital assets and liabilities; and child support."). On remand the court shall also make appropriate findings regarding alimony as required by section 61.08. Because section 61.08 is procedural in nature, on remand the court should apply the current version of the statute....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...f
Dissolution of Marriage. We affirm in part and reverse in part.
First, we reverse the durational alimony award of $1,000 per month for
five years because the trial court failed to make findings of fact as to all of
the statutory factors under section 61.08(2), Florida Statutes....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 6454, 2011 WL 1707233
...ing expenses. This was error. As the Florida Supreme Court explained in Zold v. Zold, in determining the amount of alimony, the trial court must consider "`[a]ll sources of income available to either party.'"
911 So.2d 1222, 1228 (Fla.2005) (quoting §
61.08(2)(g)); see Yangco v....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2012 WL 1559696, 2012 Fla. App. LEXIS 6997
...We agree, however, that the bridge-the-gap alimony the trial court awarded to the Former Wife exceeds the period permitted by statute for such alimony. The court ordered the Former Husband to pay the Former Wife $3,200 per month “for a period of thirty-six month[s] ... as bridge-the-gap alimony.” Section 61.08(5), Florida Statutes (2010), provides that this type of alimony is permissible to help a party to transition from being married to being single, and is designed to assist with legitimate identifiable short-term needs....
...The statute further provides that the length of such an award may not exceed two years. It is apparent that the trial court intended this alimony award to assist the Former Wife until the Former Husband begins receiving military retired pay. Notably, section 61.08(7), Florida Statutes (2010), permits a trial court to award “durational alimony ......
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...of equitable distribution. Even if we could, on this appeal, reach the final judgment provision, we would disagree with appellant. Even so, we conclude the trial judge acted properly in terminating the alimony and, therefore, we affirm. Pursuant to section 61.08, Florida Statutes (1981), the trial court had discretion to choose between the two types of alimony....
...ly characterized the award as rehabilitative alimony. The purpose of the award, not the form, determines its character. See McCay v. McCay,
413 So.2d 814 (Fla. 1st DCA 1982). The trial court has discretion to determine how the payments will be made. §
61.08, Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 6658, 36 Fla. L. Weekly Fed. D 1020
...Kovalchick,
841 So.2d 669, 670 (Fla. 4th DCA 2003)) (internal quotation marks omitted). As such this court reviews alimony awards for an abuse of discretion. Id. “In determining a proper award of alimony, a court must consider the factors set forth in section
61.08(2), Florida Statutes.” Id. Section
61.08(2), Florida Statutes (2008), states that a trial court must “consider all relevant factors” and then provides a non-exhaustive list of the factors. “Section
61.08(2) ......
...living during the marriage, age, earning ability, value of each party’s estate and contribution to the marriage. The trial court must make findings of fact regarding these indi-cia.” Ryan v. Ryan,
927 So.2d 109, 112 (Fla. 4th DCA 2006). Finally, section
61.08(1), Florida Statutes (2008), permits the trial court to “consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.” The trial court awarded the wife all of the husband’s interest in the marital home as lump sum alimony....
...As we previously indicated, it is impossible for this court to review the appropriateness of the lump sum alimony award without any valuation as to the house and the parties’ interest in it. Additionally, the trial court does not appear to have considered the alimony factors listed in section 61.08(2) either....
...demonstrate proper consideration of the alimony factors in the final judgment is a sufficient error to warrant reversal. See, e.g., Ryan,
927 So.2d at 112 . Because the final judgment did not contain virtually any of the alimony factors required by
61.08(2), we must remand this matter to the trial court....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...the final judgment of dissolution of
marriage, arguing that the trial court erred in its calculation of the permanent alimony
award, in denying her request for retroactive alimony, and in failing to make the
requisite findings of fact pursuant to section 61.08, Florida Statutes (2013)....
...we reverse the alimony and attorney’s fees awards.
In the final judgment of dissolution of marriage, the trial court divided the
parties’ assets and liabilities, awarded an equalization payment to the Former Wife,
and then found and ordered as follows:
5. Section 61.08 of the Florida Statutes sets forth the factors
for this Court to consider in determining the amount of alimony, if any,
to be awarded to the Wife....
...1st DCA 2013). An
appellate court will not disturb an alimony award if it is supported by competent,
substantial evidence and the trial court complied with the law, but it reviews the trial
court’s application of the law to the facts de novo. Id. Section 61.08, Florida Statutes
(2013), governs the award of alimony and provides in part that “[i]n all dissolution
actions, the court shall include findings of fact relative to the factors enumerated in
subsection (2) supporting an award or de...
...available to the parties. Id. Additionally, “[i]n awarding permanent alimony, the
3
court shall include a finding that no other form of alimony is fair and reasonable
under the circumstances of the parties.” §
61.08(8), Fla. Stat.
The trial court’s failure to include in the final judgment the requisite findings
of fact relative to the factors enumerated in section
61.08(2) generally constitutes
reversible error because, in most cases, it precludes meaningful appellate
review. Winder v. Winder,
152 So. 3d 836, 840-41 (Fla. 1st DCA 2014) (reversing
the permanent alimony award to the wife because the final judgment lacked
sufficient factual findings as required by section
61.08 where the trial court did not
make findings regarding the wife’s current living expenses, the parties’ financial
resources and the sources of income available to them, the value of the assets and
liabilities distributed to each p...
...additional reason that the trial court failed to expressly find that no other form of
alimony would be appropriate); see also Watson v. Watson,
124 So. 3d 340, 343
(Fla. 1st DCA 2013) (noting that the trial court failed to include in the final judgment
all the findings required by section
61.08(2) and directing the court to make those
findings on remand); Galstyan v....
...s ability to
pay. Valentine v. Van Sickle,
42 So. 3d 267, 274 (Fla. 2d DCA 2010) (noting that
the trial court made no findings about the parties’ incomes between the time of the
divorce filing and the entry of the final judgment as required by section
61.08); see
also Vitro v....
...the hourly rate, or the reasonableness of the fee).
Here, the trial court failed to make any findings of fact with regard to the
Former Wife’s need for alimony and the Former Husband’s ability to pay, the
parties’ incomes and expenses, and the factors listed in section 61.08(2)(a)-(j); as
such, we are constrained to reverse the alimony award, especially in light of the
conflicting evidence that was presented during the hearing about her monthly
expenses and his income....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2013 WL 811803, 2013 Fla. App. LEXIS 3621
...rt substantially miscalculated former husband’s expenses). Life Insurance Requirement In the final judgment, the court ordered Mr. Payton to obtain and maintain a life insurance policy in the amount of $50,000 to secure his alimony obligation. See § 61.08(3), Fla....
...the availability and cost of the policies and the impact of the cost on the payor). Permanent Alimony Ms. Payton requested permanent alimony based on the parties’ twenty-year marriage, which is rebuttably presumed to be a long-term marriage under section 61.08(4), Florida Statutes (2010). She alleged her inability to support herself and Mr. Payton’s ability to pay $886.00 a month for permanent alimony. § 61.08(2), Fla....
...Given the other substantial financial obligations placed upon Mr. Payton, however, the court acknowledged its intent not to create a significant discrepancy between the parties’ incomes. See Chap. 2011-92, §§ 79-80, Laws, of Fla. (adding language and rewording section 61.08(9), Florida Statutes, effective July 1, 2011, to state that “[t]he award of alimony may not leave the payor -with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances”). The judge found that no other form of alimony, except permanent alimony, is fair and reasonable under the parties’ circumstances. § 61.08(8), Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2000 WL 235125
...We held that the record did not support the ordered alimony. We wrote in Beasley, 717 So.2d at 209: Appellant [former husband] contends that the court's award of $2000 per month in permanent periodic alimony is not supported by findings as to need and ability to pay or the other factors outlined in subsection 61.08(2), Florida Statutes....
...s of facts to fulfill this court's mandate and to justify his finding that $1100 permanent periodic alimony was appropriate. The former wife does not contend on appeal that the trial court failed to set out the necessary findings of fact pursuant to section 61.08(2), Florida Statutes (1997)....
...ils to satisfy this test of reasonableness. Canakaris,
382 So.2d at 1203. In this case, there has been no showing that the trial court abused its discretion. Upon remand, the trial court entered written reasons to support its decision as required by section
61.08(2) and this court's ruling in KennedyKennedy,
622 So.2d 1033, 1035 (Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2007 WL 858422
...In deciding whether to award permanent periodic alimony, the two primary elements that a trial court should consider are the needs of the spouse requesting alimony and the ability of the other spouse to pay. Id. Alimony should be based on a review of the factors set forth in section 61.08, Florida Statutes....
...Although the former wife's goal of home schooling her children is laudable, many things change as a result of a marriage ending, and this may be one of them. While several Florida courts have given great deference to marital agreements that one spouse stay at home and take care of the children, [1] we believe *1020 that section 61.08 requires the trial court, at a minimum, to consider the enumerated factors when making an alimony award, and also allows the court to "consider any other factor necessary to do equity and justice between the parties." An agreement to home school the children is a factor the court can consider in making an alimony award, but alone should not trump the other factors set forth in section 61.08....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2012 WL 933066, 2012 Fla. App. LEXIS 4350
...pay for his living or medical expenses. The trial court, in its order regarding Ava’s post-trial motions, awarded Dan an additional $18,000 in retroactive alimony. Ava challenges various aspects of the trial court’s alimony award on the basis of section 61.08, Florida Statutes (2010), which governs alimony awards....
...We reverse the trial court’s award of $1,500 per month in permanent periodic alimony, and $18,000 in retroactive alimony, as we conclude that the trial court’s financial analysis was tainted by its failure to properly consider all of the relevant factors pursuant to section 61.08. Specifically, the trial court did not properly consider: each spouse’s pre-dissolution debts; the income Dan receives from his Fidelity Magellan Retirement account; and the $7,000 reduction to Ava’s annual salary. Section 61.08(2) provides: 2) In determining whether to award alimony or maintenance, the court shall first make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance....
...(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party. (j) Any other factor necessary to do equity and justice between the parties. Failure to consider each spouse’s pre-dissolution debts. Section 61.08(2)(d) provides that in determining the proper type and amount of alimony, a trial court “shall” consider, among other things, “the financial resources of each party, including the non-marital and marital assets and liabilities dis...
...id not consider prior to judgment, and to correct any error if the trial court becomes convinced that it has erred. Car-olio v. Carollo,
920 So.2d 16, 20 (Fla. 3d DCA 2005). Although rule 1.530(a) is permissive, the statute governing alimony awards, section
61.08(2), contains various mandatory considerations a trial court must make when awarding alimony....
...“In determining whether to award alimony ..., the trial court shall first make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance.” § 61.08 (emphasis added)....
...sound discretion of the trial court.” Lule v. Lule,
60 So.3d 567, 569 (Fla. 4th DCA 2011) (quoting Mondel-lo v. Torres,
47 So.3d 389, 396 (Fla. 4th DCA 2010)). However, the trial court’s discretion is circumscribed by the parameters set forth in section
61.08(8). Section
61.08(8) provides that, “[pjermanent alimony may be awarded following a marriage of ......
...ors, including, but not limited to: [t]he standard of living established during the marriage[,] ... the financial resources of each party[,] ... the earning capacities ... of the parties[,] and all sources of income available to either party ....” § 61.08(2) (emphasis added)....
...Finally, the trial court erred in retroactively increasing the alimony award by $18,000 based on the TD Ameritrade account’s worthlessness. Upon remand, the trial court is directed to re-evaluate Dan’s need for alimony, Ava’s ability to pay, and all of the relevant factors articulated in section 61.08(8), including the standard of living established during the marriage, the length of this second marriage (less than nine years), and Dan’s minimal contribution to the marriage, in determining whether permanent alimony is appropriate, and if so, in what amount....
CopyCited 1 times | Published | Florida 5th District Court of Appeal
...Nousari ,
94 So.3d 704 , 706 (Fla. 4th DCA 2012). Generally, an appellate court will not overturn an award of durational alimony instead of permanent periodic alimony in a long-term marriage if it is clear the trial court considered the factors in section
61.08(2), Florida Statutes, and that the evidence shows a party does not have a need for support on a permanent basis....
...limony. Although the court found that Wife is middle aged, in good health, and has the education and work experience to be self-supporting, it made no finding regarding whether Wife had an ongoing need for support on a permanent basis as required by section 61.08(7), Florida Statutes (2012)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal
...Nousari ,
94 So.3d 704 , 706 (Fla. 4th DCA 2012). Generally, an appellate court will not overturn an award of durational alimony instead of permanent periodic alimony in a long-term marriage if it is clear the trial court considered the factors in section
61.08(2), Florida Statutes, and that the evidence shows a party does not have a need for support on a permanent basis....
...limony. Although the court found that Wife is middle aged, in good health, and has the education and work experience to be self-supporting, it made no finding regarding whether Wife had an ongoing need for support on a permanent basis as required by section 61.08(7), Florida Statutes (2012)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2013 Fla. App. LEXIS 4189, 2013 WL 1007675
...e former wife’s relative need, except for reimbursement of her CPA’s travel costs and reimbursement of her vocational expert’s travel costs and cancellation fees. We write further to address only those issues for which a reversal is warranted. Section 61.08(3), Florida Statutes (2008), provides: To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2012 WL 2012606, 2012 Fla. App. LEXIS 9062
...5th DCA 2004) (“Where the asset is used by one of the parties out of necessity for reasonable living expenses, however, that asset should not be assigned to the party who used them, absent a finding of misconduct”). We begin our analysis by referring to Florida’s alimony statute found at section 61.08, Florida Statutes (2010). Section 61.08 provides in pertinent part: 2) ......
...(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment. § 61.08(2)(d)-(e)....
...See Mondello,
47 So.3d at 396 . “As to the imputation of income to the wife, the amount of income a spouse may be able to earn is a factor the court should consider in determining an alimony award.” Shrove v. Shrove,
724 So.2d 679, 682 (Fla. 4th DCA 1999) (citing §
61.08(2)(d)-(e), Fla....
...Our holding finds support in the Third District’s decision in Byrne v. Byrne,
128 So.3d 2 (Fla. 3d DCA 2012). In Byrne , the Third District held that the permanent alimony award was improper. Id. at 5 . In reaching its holding, the court reasoned that section
61.08(2)(d) mandates that the trial court make findings regarding distribution of marital liabilities before determining the amount of permanent alimony. See id. The Third District stated: We conclude that the trial court’s financial analysis was tainted by its failure to properly consider all of the relevant factors pursuant to section
61.08....
...thout considering the permanent periodic alimony that Former Husband would be responsible to pay, or in the alternative, failed to properly consider the distribution of the $30,000 marital debt before determining the amount of permanent alimony. See §
61.08(2)(d); Byrne,
128 So.3d at 6 ....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...As the trial court had the power to permit lump sum alimony to be paid in installments, Thompson v. Thompson,
402 So.2d 1220 (Fla. 5th DCA 1981); Stith v. Stith,
384 So.2d 317 (Fla. 2d DCA 1980); West v. West,
260 So.2d 541 (Fla. 1st DCA 1972); Chester v. Chester,
241 So.2d 190 (Fla. 3d DCA 1970); Section
61.08 Fla....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 9602, 2011 WL 2462652
...We agree with the husband, though, that the $18,109 gross income figure was not the proper basis for any support awards. Alimony awards must be predicated upon the income that is available to the parties, i.e., the parties’ net monthly incomes. See § 61.08(2)(i), Fla....
...g earnings. For these reasons, we find that the trial court’s findings regarding the parties’ income cannot be sustained. Further, in awarding alimony, the trial court must consider, and make factual findings concerning, the factors set forth in section 61.08, Florida Statutes (2010). See § 61.08(1), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2006 WL 1627527
...When determining afresh the amount of alimony a former spouse *218 should pay, the trial court must consider all relevant economic factors, including "[t]he financial resources of each party, the nonmarital and the marital assets and liabilities distributed to each," and "[a]ll sources of income available to either party." § 61.08(2)(d), (g), Fla. Stat. (2004). The trial court erred in failing to consider all "financial resources of each party." § 61.08(2)(d), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2016 WL 3201216, 2016 Fla. App. LEXIS 8925
...They were
married on December 31, 2002,1 and they separated in November 2012. The parties
did not have any children. The Former Wife filed her petition for dissolution of the
marriage on November 15, 2013. Thus the parties' marriage lasted for almost eleven
years, making it a moderate-term marriage. See § 61.08(4), Fla....
...is "hypothesis" with the caveat that it
was "something that needs to be evaluated more thoroughly by a medical professional."
The trial court entered a final judgment with detailed findings of fact
concerning the factors set forth in section 61.08(2)....
...At the third step, the trial court was required to determine
which type or types of alimony to select as the appropriate remedy under all of the
circumstances. It was at the third step that the trial court's analysis went awry.
In accordance with section
61.08, the trial court had four possible
approaches to the alimony question: (1) bridge-the-gap alimony under subsection
61.08(5); (2) rehabilitative alimony under subsection
61.08(6); (3) durational alimony
under subsection
61.08(7); and (4) permanent alimony under subsection
61.08(8).
Taylor,
177 So. 3d at 1003. In accordance with subsection
61.08(1), the trial court had
the authority to award "any combination of these forms of alimony." Taylor, 177 So....
...rn to work." Moreover,
neither party had presented the trial court with "a specific and defined rehabilitative
plan" as is required before an award of rehabilitative alimony can be made. See §
-7-
61.08(6)(b). By a process of elimination, the trial court's two remaining choices were
durational alimony and permanent alimony.
Regarding durational alimony, section 61.08(7) provides, in pertinent part,
as follows:
Durational alimony may be awarded when permanent
periodic alimony is inappropriate....
...warded to provide for the needs and
necessities of life as they were established during the marriage of the parties for a party
who lacks the financial ability to meet his or her needs and necessities of life following a
dissolution of marriage." § 61.08(8)....
...Because the parties' marriage was of moderate
duration, the trial court could make an award of permanent periodic alimony to the
Former Wife only "if such an award is appropriate based upon clear and convincing
evidence after consideration of the factors set forth in subsection [61.08](2)." Id.
In its consideration of the various factors under section 61.08(2) in this
case, the trial court specifically found that the Former Wife was not able to return to
work....
...of
durational as opposed to permanent periodic alimony because the clear and convincing
evidence showed that the Former Wife lacked the financial ability to meet her needs
and the necessities of life following the dissolution of her marriage. See § 61.08(8); see
also Doganiero, 106 So....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 8442, 2011 WL 2278993
...ony and that the other spouse has an ability to pay. Id. at 1116 . Here, the Former Wife requested $4200 per month of rehabilitative alimony plus tuition costs to allow her to obtain a degree as a paralegal. The trial court considered the factors of section 61.08, Florida Statutes (2009), and found that the Former Wife had no monthly income, that the Former Husband had financially supported the Former Wife throughout the marriage, and that “[biased on the scheme of equitable distribution ......
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2017 WL 2858897, 2017 Fla. App. LEXIS 9638
...5th
DCA 1993)).
“In determining whether to award alimony or maintenance, the court
shall first make a specific factual determination as to whether either party
has an actual need for alimony or maintenance and whether either party
has the ability to pay alimony or maintenance.” § 61.08(2), Fla....
...Stat.
(2014) (emphasis added); see also Sherlock v. Sherlock,
199 So. 3d 1039,
1043 (Fla. 4th DCA 2016). After making these two requisite (“shall”)
“specific factual determination[s],” the court must then determine the type
of alimony to award. §
61.08(2), Fla....
...Id.
Once the trial court determines that alimony is appropriate, it must
choose what type of alimony to award. There is a rebuttable presumption
in the alimony statute that a marriage lasting more than seventeen years
is a long-term marriage. 1 § 61.08(4), Fla. Stat. (2014). There is also a
1 “The length of a marriage is the period of time from the date of marriage until
the date of filing of an action for dissolution of marriage.” § 61.08(4), Fla....
...3d at 1213).
However, this is by no means an irrebuttable presumption. A trial court
can overcome it by making detailed findings of fact regarding a spouse’s
need and the other spouse’s ability to pay, as well as by considering all the
relevant statutory factors listed in section 61.08(2).
The trial court’s final judgment implicitly determined that Wife would
have a need for alimony, but not beyond the $2,500 she had been receiving
each month pursuant to the temporary spousal support order
(supplemented by a sep...
...permanent alimony.” Dickson,
204 So. 3d at 503. The trial court’s
judgment erroneously fails to make any reference to this presumption in
choosing to award Wife conditional rehabilitative alimony, although the
judgment does state that the factors enumerated in section
61.08(2) were
considered, including the duration of the marriage.
4
The final judgment of dissolution awarded Wife rehabilitative alimony,
consisting of $2,500 per month for two years (which the cour...
...umption of permanent
alimony, let alone provide an explanation as to why it was not awarded).
Should the trial court once again choose an alternative to permanent
alimony, it must do so based on explicit findings referencing the factors
set forth in § 61.08(2)....
...Instead, we hold that the shares were non-marital
assets owned by Husband. 4
We accordingly reverse and remand for the trial court to reconsider and
recalculate its determinations of the various forms of support with the
understanding that the shares at issue are assets of Husband rather than
of his father. See § 61.08(2)(d), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...nstituted an abuse of discretion, we reverse. In determining alimony awards courts are required to consider such factors as the parties' standard of living during the marriage, the duration of the marriage and the financial resources of each spouse. Section 61.08, Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2003 WL 205189
...Our decision to affirm is based upon the language of the stipulation incorporated into the parties' divorce decree. The clause relating to life insurance appears as a wholly separate term of their contract and expresses no purpose "to protect an award of alimony" as contemplated by section 61.08(3), Florida Statutes (2001)....
CopyCited 1 times | Published | Florida 5th District Court of Appeal
...The evidence was also undisputed that the parties had been
married for twenty years. A parties’ twenty-year marriage is considered “long-term,”
raising a rebuttable presumption of entitlement to permanent alimony. See Alcantara v.
Alcantara,
15 So. 3d 844, 845-47 (Fla. 3d DCA 2009); see also §
61.08(4), Fla....
...ption that a . .
. long-term marriage is a marriage having a duration of 17 years or greater.”). However,
the trial court’s final judgment does not mention the long-term marriage presumption.
A review of a trial court’s decision under section
61.08, Florida’s alimony statute,
is a mixed question of law and fact that requires a mixed standard of review. Gregory v.
Gregory,
128 So. 3d 926, 927 (Fla. 5th DCA 2013). We conclude it was not error for the
3
trial court to consider the former wife’s allegedly supportive relationship because section
61.08(2)(j), Florida Statutes (2015), permits the trial court to consider “[a]ny other factor
necessary to do equity and justice between the parties” when determining a proper award
of alimony, and that consideration is dependent upon the circumstances of each particular
case....
...Keyser,
204 So. 3d 159, 161-62 (Fla. 1st DCA 2016)
(considering evidence regarding alleged supportive relationship during appeal of final
judgment of dissolution). However, the trial court was required to make findings regarding
the factors outlined in section
61.08(2) before concluding that the former wife was not
entitled to alimony.1
“A supportive relationship is a relationship that ‘takes the financial place of a
marriage and necessarily decreases the need of the obligee.’” Overton v....
...supportive relationship exists between the former wife and her boyfriend.
4
Thus, if the court decides that a supportive relationship exists, it has the discretion to
reduce or eliminate the alimony obligation under section 61.08(2)....
...On remand, the trial court shall reconsider these two
6
issues and take additional evidence, if necessary. In determining alimony, the court
should make specific findings of fact as to all factors listed in section 61.08(2)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2006 WL 141517
...aws when the parties submit joint federal tax returns containing misstatements. Even when the parties misrepresent their income, the court must still attempt to establish alimony based on need, ability to pay, and the relevant statutory factors. See § 61.08, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 1441, 2011 WL 362422
...e award of alimony, warrant[ed] reversal and remand for another evidentiary hearing.” Id. When determining the amount of alimony to be ordered based on a change of circumstances, the trial court is to consider all of the relevant factors listed in section 61.08(2), Florida Statutes....
...cial resources of each party, the nonmarital and the marital assets and liabilities distributed to each,’ and ‘all sources of income available to either party.’ ” See Vriesenga v. Vriesenga,
931 So.2d 213, 217-18 (Fla. 1st DCA 2006) (quoting §
61.08(2)(d), (g), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2013 Fla. App. LEXIS 1827, 2013 WL 440001
...However, the trial court also noted that their lifestyle must be reduced due to the intervening economic downturn and the Husband’s reduced ability to pay. In its final judgment, the trial court made no specific factual findings for its alimony award based upon an imputation of an annual income to the Husband of $52,000. Section 61.08(7), Florida Statutes (2012), provides: Durational alimony may be awarded when permanent periodic alimony is inappropriate....
...In determining whether to make an award of alimony, our legislature has de *78 manded that “the court shall first make a specific factual determination as to whether either party has an actual need for alimony,” and, if so, the court “shall consider all relevant factors,” including those specified by statute. § 61.08(2)....
...In addition to complying with this statutorily mandated directive, such findings immeasurably aid the reviewing court on appeal. See Orloff v. Orloff,
67 So.3d 271, 275 (Fla. 2d DCA 2011) (ordering that if, on remand, the court decides to award alimony, “it shall also make sufficient findings of fact as required by section
61.08(2) to support that award in order to facilitate further appellate review”)....
...ion. Furthermore, we question whether the trial court’s determination that the alimony be durational rather than permanent is appropriate. Durational alimony is to be awarded by statute, where “permanent periodic alimony is inappropriate.” See § 61.08(7)....
...investments. In light of these circumstances and the final judgment’s lack of factual findings that an award of permanent alimony is inappropriate, we reverse for further proceedings. On remand, the trial court is directed to determine pursuant to section 61.08(7) whether the Wife merits permanent periodic alimony; further, any type of alimony awarded must be of a legally sufficient amount....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...*34 Sinclair, Louis & Siegel, Miami, for appellant. Guralnick & Gellman, Miami, for appellee. Before PEARSON, CARROLL and HENDRY, JJ. PER CURIAM. This is an appeal by the wife from a final judgment of dissolution of marriage. Mrs. Baker was awarded rehabilitative alimony, pursuant to Fla. Stat. § 61.08(1), F.S.A., of $750 per month for one year, and $400 per month in child support for the four children born of the marriage....
...ty in the marital home and stock holdings. The husband's gross annual salary, derived from his service as a Circuit Court Judge, is $32,000, which amounts to a net weekly salary of $447.64. An award of rehabilitative alimony is authorized by Section § 61.08....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...As we view the respective expenses, incomes and productive capacities of the parties, there can be justified at best and most only rehabilitative alimony for a short period, which alimony would afford the wife a more than adequate opportunity to adjust to her new circumstance. See F.S. 61.08, F.S.A., Laws of Florida 1971....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2010 WL 4962711, 2010 Fla. App. LEXIS 18627
...of contention in this appeal. The trial court found that the husband's testimony that his income may decrease because his employer was doing poorly "was not supported by credible evidence." The court, considering each of the factors set forth under section 61.08, Florida Statutes, awarded the wife $3,100 per month in permanent alimony and $3,000 per month in bridge-the-gap alimony for three years while she transitions to full-time employment for which the court found her to be capable of earning $40,000 per year....
...The court disbelieved the husband's claim that his income would go down. Instead, it found that the husband received regular bonus income from his employment. A spouse's "regular and continuous" bonuses should be included in calculating income. See Shrove v. Shrove,
724 So.2d 679, 682 (Fla. 4th DCA 1999); see also §
61.08(2)(g), Fla....
...d of living enjoyed during its course, and the value of the parties' estates." Canakaris v. Canakaris,
382 So.2d 1197, 1201-02 (Fla.1980). In making an alimony determination, the trial court is required to consider the statutory factors set forth in section
61.08(2), Florida Statutes....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1988 WL 139100
...and be responsible for the payment of all premiums due on these policies, until such time as the Husband's obligation to pay alimony ceases." Thus, the judgment was to require the maintenance of life insurance as security for alimony, as provided by section
61.08(3), Florida Statutes (1987). See Sobelman v. Sobelman,
490 So.2d 225, 226 (Fla. 2d DCA 1986) (Sobelman I). However, the life insurance was not shown to be, as required by section
61.08(3), "necessary to protect an award of alimony." Since an obligation to pay periodic alimony does not survive the death of the obligor, O'Malley v. Pan American Bank of Orlando, N.A.,
384 So.2d 1258 (Fla. 1980), and life insurance proceeds do not become payable until that time, section
61.08(3) should not be construed to mean that life insurance could ever be necessary to protect an award of periodic alimony unless to protect an obligation for arrearages in that type of alimony which, of course, does survive the obligor's death....
...McMath,
526 So.2d 1027 (Fla. 1st DCA 1988); Fiveash v. Fiveash,
523 So.2d 764 (Fla. 1st DCA 1988). [2] The other obligation *140 for alimony which survives the death of the obligor and which, therefore, life insurance could properly be required to protect under section
61.08(3) is lump sum alimony payable in the future. See Longo; Kooser v. Kooser,
506 So.2d 81, 82 (Fla. 1st DCA 1987). [3] As this court said in Sobelman II, any insurance requirement under section
61.08(3) "should be limited in such a manner that the receiving spouse will receive only what may reasonably be necessary to protect arrearages in alimony so that the actual effect of the insurance requirement is not to provide post mortem alimony."
516 So.2d at 9....
...The judgment also contains an award to the wife of various assets as "equitable distribution, and/or lump sum alimony." That award, which later in the judgment is identified only as equitable distribution, does not appear to be lump sum alimony which could properly be the subject of insurance protection under 61.08(3)....
...2d DCA 1987). Affirmed in part, reversed in part, and remanded for proceedings consistent herewith. RYDER, A.C.J., and PARKER, J., concur. NOTES [1] Also, Gepfrich v. Gepfrich,
510 So.2d 369 (Fla. 4th DCA 1987), is consistent with our conclusion that under section
61.08(3) life insurance protecting periodic alimony may only protect arrearages....
...), that language is dicta. In any event, in Longo the Fourth District Court of Appeal, sitting en banc, clearly indicated that any such Gepfrich and Clark dicta did not express the position of that court.
533 So.2d at 795. [2] Legislative history of section
61.08(3) which we have obtained from the Florida State Archives does not show which of the above cited cases those from the First District or those from the Second and Fourth Districts accurately reflect the legislative intent behind that section. See, e.g., House Staff Analysis, Committee on Judiciary, House Bill 114 (1984). [3] The type of circumstance other than that provided by section
61.08(3) in which the maintenance of life insurance which has not been agreed to by the obligor may be required in a dissolution of marriage judgment is not applicable here....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 19702, 2014 WL 6865303
...1979).
We do, however, find one issue raised by the former husband to be
meritorious and apparent on the face of the final judgment. The parties were
married for three years and four months (measured from the date of marriage to the
date the petition for dissolution was filed, as specified by section 61.08(4), Florida
Statutes (2010)).1 Section 61.08(7) specifies that the length of an award of
durational alimony “may not be modified except under exceptional circumstances
and may not exceed the length of the marriage.” We reject the former wife’s
argument that under exceptio...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1987 WL 1940
...2d DCA 1986), an award to the wife of 17 percent of the parties' assets after a 22 year marriage was found to be within the trial court's discretion, the opinion indicating that in making an equitable distribution the trial court may consider all the factors set forth in section 61.08, Florida Statutes. Id. at 34. Section 61.08 specifically refers to those economic factors which are supposed to be considered in determining a proper alimony award....
CopyCited 1 times | Published | Florida 5th District Court of Appeal
common and permissible in divorce proceedings. See §
61.08(3), Fla. Stat. (2015) ; Cantrell v. Home Life Ins
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 11722, 2016 WL 4132676
...The trial court considered all relevant factors in reaching its conclusion. We find no error in the trial court’s alimony conclusion. The trial court did, however, fail to make the requisite finding that no other form of alimony would be fair and reasonable. Section 61.08(8)., provides: “In awarding permanent alimony, the court shall include a finding that no other form of alimony is fair and reasonable under the circumstances of the parties.” § 61.08(8), Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
...If the award is rehabilitative, it is excessive and based solely on the husband's "deep pockets," and therefore, an abuse of discretion. The wife argues that the lump sum award was rehabilitative and that she should have been granted permanent alimony. Section 61.08, Florida Statutes (1975), the alimony provision of the Florida dissolution of marriage law, states: "(1) In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be rehabilitative or permanent in nature....
...litative alimony payable in a lump sum of $25,000 forthwith, and periodic payments of $1,600 per month for 60 months. This award of rehabilitative alimony, payable partially in lump sum and partially in periodic payments, is explicitly authorized by Section 61.08, Florida Statutes, supra....
CopyCited 1 times | Published | Florida 4th District Court of Appeal
...denied her request for alimony. The judgment stated she did not have a
substantial need for alimony and former husband did not have the ability
to pay. It also indicated that the court considered all of the statutory
factors related to alimony listed in section 61.08(2), Florida Statutes
(2017). However, of the statute’s eight listed factors, the judgment only
listed specific findings for section 61.08(2)(j): “Any other factor necessary
to do equity and justice between the parties.” For this factor, the judgment
noted that the trial court considered Rowe-Lewis’s “steady employment
history.”
The judgment also directed the parties to keep their respective assets
and liabilities, including vehicles....
...See Zold v. Zold,
911 So. 2d 1222, 1231-32 (Fla. 2005)
(indicating that “pass-through” income of an S-corporation retained for a
non-corporate purpose may constitute income reportable in alimony
proceedings).
Factual Findings Needed Regarding Section
61.08(2)
Although “[t]he nature and amount of an award of alimony is a matter
committed to the sound discretion of the trial court,” an alimony award
1 Although the trial court cites to an administrative order as authority for
consi...
...Similarly, an administrative order
cannot supersede an opinion issued from this court.
3
must be “supported by competent substantial evidence.” Brezault v.
Brezault,
199 So. 3d 519, 521 (Fla. 4th DCA 2016) (citation omitted).
Section
61.08(2) provides a specific, non-exhaustive list of factors for a
trial court to consider in determining whether a party is entitled to
alimony. “[T]he court shall include findings of fact relative to the factors
enumerated in subsection (2) supporting an award or denial of alimony.”
§
61.08(1) (emphasis added); see also Patino v. Patino,
122 So. 3d 961, 963
(Fla. 4th DCA 2013) (reversing where the trial court failed to make factual
findings as to each factor listed under section
61.08(2)).
In Brezault, the trial court awarded the husband alimony.
199 So. 3d
at 521. In its final judgment, the court simply listed all of the factors in
section
61.08(2) and stated that it “considered” them....
...While portions
of the final judgment made findings as to several factors, there were not
factual findings for each factor. Id. at 522. We held that this was error
and reversed and remanded the case for the trial court to make the
required findings of fact under section 61.08(1) and (2)....
...at 523.
In this case, as in Brezault, the final judgment stated that the trial court
considered the requisite statutory factors, but failed to make findings of
fact corresponding to each of them. Though the final judgment does
contain a finding as to section 61.08(2)(j), it did not make factual findings
regarding the other listed factors, including, inter alia: the standard of
living during the marriage; the age and the physical and emotional
conditions of the parties; or the contribution of each party to the
marriage—all of which are relevant to this case. See § 61.08(2)....
...While we
understand that each statutory factor may not be relevant in every case,
the trial court should nonetheless address the facts that do pertain to a
listed factor, or state in the final judgment why the court did not find that
factor applicable under the circumstances. See §§ 61.08(1) and (2);
Brezault, 199 So....
...3d at 522-23; Patino,
122 So. 3d at 963.
Conclusion
Because we agree with Rowe-Lewis’s arguments that the trial court
failed to conduct an evidentiary hearing on her fraud claim and failed to
make findings of fact as required by sections
61.08(1) and (2), we reverse
the court’s determination as to alimony. We remand this matter to the
trial court for an evidentiary hearing and for entry of a final judgment that
includes the requisite findings of fact under section
61.08(1), and also
addresses each of the factors under section
61.08(2)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 5888, 2010 WL 1709143
...Bisordi of Bisordi & Bisordi, P.A., Shalimar, for Appellant. Janis L. Burke, Fort Walton Beach, for Appellee. PER CURIAM. The wife argues that the trial court erred because it failed to make written findings of fact regarding the factors set out in section 61.08(2), Florida Statutes (2007), and in reducing her alimony award on the grounds that she was "in a supportive relationship." Both of these arguments have merit. Section 61.08(2) provides that: In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including, but not limited to: (a) The standard of living established during the marriage....
...ing, *761 child care, education, and career building of the other party. (g) All sources of income available to either party. In order to make an alimony award, the trial court must consider and make findings regarding each of the factors set out in section
61.08(2), Florida Statutes (2007). See Kemmet v. Kemmet,
885 So.2d 408, 409 (Fla. 1st DCA 2004). In the instant case, although the trial court stated that it considered all of the factors outlined in section
61.08(2), it failed to make any written findings regarding the factors....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2016 WL 1660620, 2016 Fla. App. LEXIS 6432
... former wife has the ability to pay, but the findings are insufficient to allow for
meaningful review of the amount of alimony awarded.
Notably, although the trial court made findings in the final judgment
addressing each of the factors in section 61.08(2), Florida Statutes, the judgment
did not articulate the basis for the court’s implicit determination that the former
husband only needed $500 per month in alimony and/or that the former wife only
had the ability to pay that amount....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 5239, 2011 WL 1376621
...ies held separately by each party, but it made no findings as to the value of those assets or liabilities. On the question of alimony, the findings in the final judgment were scant when compared to the factors the court was obliged to consider under section 61.08(2), Florida Statutes (2008)....
...the other party. (g) All sources of income available to either party. The court may consider any other factor necessary to do equity and justice between the parties. The statute requires the court to make findings of fact relative to these factors, § 61.08(1), and its failure to make necessary findings is reversible error....
...manner. Judges dealing with cases essentially alike should reach the same result. Different results reached from substantially the same facts comport with neither logic nor reasonableness. Canakaris v. Canakaris,
382 So.2d 1197, 1203 (Fla.1980). In section
61.08 the legislature has prescribed a framework for making discretionary decisions on alimony issues in any given case....
...In this case, evidence on a number of statutory alimony factors militated in favor of granting permanent alimony to Mrs. Kennedy. The final judgment ignored those factors and failed to make findings on them. Those omissions violated the requirements of section 61.08, and they have hampered our ability to review the case in search of logic or justification for denying Mrs....
...Kennedy's claim for alimony, and we remand for the trial court to reevaluate that claim. Affirmed in part, reversed in part, and remanded. WHATLEY and KELLY, JJ., Concur. NOTES [1] This observation is consistent with recent amendments to the alimony statute. Section 61.08 now provides that permanent alimony may be awarded following a marriage of long duration, that it may be awarded following a marriage of short duration under "exceptional circumstances," and that it may be awarded following a marriage of moderate duration "if such an award is appropriate upon consideration of the factors set forth in [section 61.08(2)]." § 61.08(8), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 13393, 2010 WL 3488737
...ars." (emphasis added). The court then considered the statutory factors for evaluating an alimony claim, including "the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment." § 61.08(2)(e), Fla....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16755
...Our examination of the record reveals that the learned trial judge was required to make difficult decisions based upon complex and confusing evidence adduced in support of, and in opposition to, issues poorly framed by the pleadings and that he obviously attempted to “do equity”. (See F.S. 61.08(2)) We do not find that appellant has met his burden of demonstrating abuse of discretion nor reversible error....
CopyPublished | Florida 6th District Court of Appeal
Wife. After considering all factors under section
61.08, Florida Statutes (2021), the trial court found
CopyPublished | Florida 5th District Court of Appeal | 1998 Fla. App. LEXIS 11324, 1998 WL 559378
...We reverse the equitable distribution and support awards contained in the final judgment of dissolution of marriage on the grounds that the trial court erred in: (1) failing to make a factual finding as to the husband’s income, which finding is required by section 61.08(1), Florida Statutes, to permit meaningful appellate review, Moreno v....
CopyPublished | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 14622, 2016 WL 5596106
...The trial court may take into account the circumstances at the
time of remand in determining the appropriate amount of permanent alimony to be
awarded to the Wife. Id. at 677.
AFFIRMED, in part; REVERSED, in part; REMANDED.
PALMER and EDWARDS, JJ., concur.
Section 61.08(4), Florida Statutes (2014), defines “long-term marriage” as a
1
marriage having a duration of seventeen years or greater.
3
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 14512, 2015 WL 5714602
...Former Wife was awarded $1,500 a month in durational
alimony for twelve years or until Wife dies or remarries, whichever comes
first. With respect to the alimony award, the Final Judgment provided that
the “Court has considered all of the following in awarding alimony request
(sic), per FS61.08,” but did not list any factors or additional findings.
Issue 2.
Former Husband argues that despite the trial court’s intention to split
the marital assets equally, the distribution provided for in the Final
Judgment did not do so....
...2d 867, 870 (Fla.
2
4th DCA 2003). “However, ‘[w]here a trial judge fails to apply the correct
legal rule . . . the action is erroneous as a matter of law.’” Id. (quoting
Kennedy v. Kennedy,
622 So. 2d 1033, 1034 (Fla. 5th DCA 1993)). Section
61.08(1), Florida Statutes (2014), which governs alimony awards,
provides: “In all dissolution actions, the court shall include findings of
fact relative to the factors enumerated in subsection (2) supporting an
award or denial of alimony....
...(i) All sources of income available to either party, including income
available to either party through investments of any asset held by
that party.
(j) Any other factor necessary to do equity and justice between the
parties.
§ 61.08(2)(a)-(j), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...Meyers,
295 So. 3d 1207, 1213 (Fla. 2d DCA 2020),
and certainly not in the guise of a purported "legal error."
For what the dissent styles as "legal error"—essentially, that
imputation of income ought not to apply to alimony under Florida
Statute section
61.08 in the same fashion as it does to child
support under section
61.30(2) (and that, as such, the circuit court
should have deemed the Former Wife underemployed)—is, at
bottom, simply a disagreement with the circuit court's applicatio...
...This
amount of alimony helps bring the two parties into a
position as close to the level of the lifestyle that the
parties enjoyed during the marriage as their financial
circumstances permit.
The trial court's reasoning was inconsistent with its statutory
charge. Section 61.08 requires that, in determining whether to
award permanent alimony, which is designed to "provide for the
needs and necessities of life as they were established during the
marriage of the parties for a party who lacks the financial ability to
meet his or her needs and necessities of life following a dissolution
of marriage," the trial court must determine "whether either party
has an actual need" for it. § 61.08(2), (8), Fla....
...Contrary to the rationale expressed in the trial
court's order, the statute indicates that it is the "needs and
necessities of life" that should be maintained as they were "during
the marriage," not necessarily the parties' respective contributions
toward financing those needs and necessities. See § 61.08(8)....
...rather than confining the focus to where the parties are currently
employed or the nature of their past employment, the statute
requires consideration of the "employability" of the parties, as well
as their "education levels" and "vocational skills." See § 61.08(2)(e)
(emphasis added)....
...necessities that would otherwise be covered by alimony, the Former
Wife and the trial court relied on a prohibition on imputation of
income at a level higher than the spouse has earned in the past.
But that prohibition does not appear in the alimony statute. See
generally § 61.08....
...ll" consider certain
11
enumerated factors, some of which include the possibility that a
spouse might be able to improve her earning capacity beyond what
it has been in the past if it is within her ability. See § 61.08(2).
Application of a strict prohibition against imputation of income at a
level higher than has been historically earned has the potential to
prevent a trial court from meaningfully considering the mandatory
factors listed in at least on...
...the "earning capacities, educational levels, vocational skills, and
employability of the parties and, when applicable, the time
necessary for either party to acquire sufficient education or training
to enable such party to find appropriate employment." See §
61.08(2)(e)....
...employability (not just her present or past employment). And third,
the statute makes allowance for the possibility of a spouse taking
the time to acquire additional training and education in order to
"enable such party to find appropriate employment." See §
61.08(2)(e) (emphasis added); see also § 61.08(2)(j) (requiring
consideration of "[a]ny other factor necessary to do equity and
justice between the parties").
13
The Former Husband's vocational expert testified that
available positions in publi...
...generally §
17
61.30. Rather, the language of the alimony statute assumes that
the trial court will determine a spouse's need for alimony based on
her "financial ability" to meet them on her own—after consideration
of the mandatory factors of section
61.08(2)(e), none of which place
any restrictions on a trial court's gaze into a future when the
requesting spouse might equitably be expected to work in a
different or greater capacity than she has in the past....
...e candidate—
runs directly afoul of the language of the alimony statute.
Permanent alimony is only available to a party who "lacks the
financial ability to meet his or her needs and necessities of life
following a dissolution of marriage." See § 61.08(8)....
...mandatory, statutory factors such as earning capacity and
employability and the possibility of obtaining "sufficient education
or training to enable" a spouse "to find appropriate employment"
18
with a sufficient allowance of time to do so. See § 61.08(2)(e)
(emphasis added).
Unlike the child support statute, nothing in the alimony
statute even suggests that a court should turn a blind eye to the
potential for a spouse seeking alimony to improve her income to a
level higher than she has earned in the past....
...levels, vocational skills, and employability of the parties and, when
applicable, the time necessary for either party to acquire sufficient
education or training to enable such party to find appropriate
22
employment." § 61.08(2)(e)....
CopyPublished | Florida 3rd District Court of Appeal | 2003 Fla. App. LEXIS 13192, 2003 WL 22047614
...under the name of “bridge the gap” alimony. To hold otherwise usurps the clear intention of the parties at the time in which they ¡entered into the agreement, and imposes a modification on the agreement not contemplated by the parties. Although section 61.08, Florida Statutes (1997), grants the trial court the power to award the wife alimony in dissolution proceedings, it does “not exist to displace nuptial agreements; rather the statutes exist to set the principles when there is no agreement.” Hannon v....
CopyPublished | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 12680, 2002 WL 2001465
...ability to pay. We are unable to determine from the record if the court followed the dictates of Weis-feld. We, therefore, reverse and remand the award of lump-sum alimony for the trial court to reassess the award based on the factors enumerated in section 61.08, Florida Statutes (2001)....
CopyPublished | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1903, 1986 Fla. App. LEXIS 9544
...Stith,
384 So.2d 317 (Fla. 2d DCA 1980). We remand to the trial court to strike that portion of paragraph 16 applicable to the wife or to make findings of fact and amend the final judgment so that the life insurance award meets the requirements of section
61.08(3), Florida Statutes (1985) and the above cases....
CopyPublished | Supreme Court of Florida
...19 And by extension, had the Legislature wanted to empower
findings to place juvenile offender in (2) secure detention when the
risk assessment instrument reflects secure detention inappropriate
or (3)(b) in more restrictive placement than the risk assessment
instrument states); § 61.08(8)–(9), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2007 WL 2781131
...c to a certain extent the protections afforded to a spouse in a divorce who may be awarded alimony as possible and necessary to maintain the standard of living established during a marriage, not solely to protect that spouse from impoverishment. See § 61.08(2)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal | 1993 Fla. App. LEXIS 9472, 1993 WL 366867
...wife for reasonable medical expenses. The former wife cross-appealed the order awarding her two-thirds rather than the full amount of her trial attorney’s fees. Finding no abuse of discretion, we affirm the modified award of permanent alimony, see section 61.08(2)(f), Florida Statutes (1991), and Tonnelier v....
CopyPublished | Florida 2nd District Court of Appeal | 1991 Fla. App. LEXIS 9139, 1991 WL 181447
...ife of the husband. We return this matter to the trial court to make an appropriate award in the form of insurance to be carried by the husband to protect the wife’s deferred lump sum alimony award. Sobelman v. Sobelman,
541 So.2d 1153 (Fla.1989); Section
61.08(3), Florida Statutes (1989)....
CopyPublished | Florida 2nd District Court of Appeal
...Their marital settlement agreement (MSA) required Former
Husband to pay staggered durational alimony. By February 2018, the
monthly amount was $1,500.
The MSA also provided that the trial court could modify alimony
based on a substantial change in circumstances. See § 61.08(7), Fla.
Stat....
CopyPublished | Florida 1st District Court of Appeal
...Husband makes. 2
On these facts, we find that the trial court erred in calculating
both Former Husband’s ability to pay and Former Wife’s need. The
law is well settled that a trial court must determine and balance
need and ability to pay. § 61.08(2), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 14434, 2005 WL 2219200
...We reverse the final judgment of dissolution of marriage. One area shall be addressed on remand; the trial court shall afford the former wife the opportunity to *351 present evidence on the propriety of bridge-the-gap alimony or rehabilitative alimony and shall make those findings of fact required by section 61.08(1), Florida Statutes (2004)....
CopyPublished | Florida 1st District Court of Appeal | 2017 WL 4018417, 2017 Fla. App. LEXIS 13045
...“In determining whether to award alimony or maintenance, the court shall
first make a specific factual determination as to whether either party has an actual
need for alimony or maintenance and whether either party has the ability to pay
alimony or maintenance.” § 61.08(2) Fla....
...d’s ability to pay and thus an abuse of
the trial court’s discretion to award. We remand to the trial court for a specific
factual determination as to the amount of Wife’s need, Husband’s ability to pay,
and any other factors described in section 61.08, Florida Statutes, to establish a
basis for the award.
Regarding the trial court’s order that Husband’s company continue to pay
Wife’s salary, Husband’s company has not been joined as a party to the dissolution
action,...
...someone who does not work for that company, and the trial court erred by doing
so.
We therefore remand to the trial court for a specific factual determination as
to Wife’s need and Husband’s ability to pay, and any other relevant factors under
section 61.08, Florida Statutes, to establish a basis for the award....
CopyPublished | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 14218, 2014 WL 4476516
...Barion permanent alimony in dissolving this
twelve-year marriage. This decision was based, in large part, upon the health and
employment status of the parties. In making this award of support, the trial court did not
make the correct finding required by subsection 61.08(8), Florida Statutes (2011), to
support the use of permanent alimony....
...dgment.
II. IN A MODERATE-TERM MARRIAGE, THE DECISION TO GRANT PERMANENT
ALIMONY REQUIRES A FINDING BY CLEAR AND CONVINCING
EVIDENCE THAT PERMANENT ALIMONY IS APPROPRIATE
This case is governed by the version of section 61.08 that went into effect
on July 1, 2011. See ch. 2011-92, § 79, at 1703-04, Laws of Fla. Thus, the trial court
had authority to award durational alimony. See § 61.08(7). The parties' twelve-year
marriage is regarded as a moderate-term marriage. See § 61.08(4). In such a case,
permanent alimony may be awarded, but the trial court must decide that it is appropriate
"based upon clear and convincing evidence after consideration of the factors set forth in
subsection [61.08](2)." § 61.08(8); see also Walker v....
CopyPublished | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 14200, 2014 WL 4471635
...usband to pay seventy-five percent of Former Wife’s attorney’s *533 fees -without making the requisite findings of fact. Regarding the alimony award, Former Wife concedes error because the final judgment lacks the factual findings required under section 61.08(2), Florida Statutes (2013)....
CopyPublished | Florida 5th District Court of Appeal
...9.330 or
9.331.
_____________________________
2
SOUD, J., concurring with opinion.
I concur with this Court’s affirmance in this case and write
to address Appellant Edward Mango’s assertion that the trial court
erred by not making written findings on the factors set forth in
section 61.08, Florida Statutes (2021), 1 in its Supplemental Final
Judgment denying Appellant’s Amended Supplemental Petition
for Modification of Final Judgment of Dissolution of Marriage.
I.
Appellant, the...
...2 Rather, he sought elimination or
reduction of his alimony obligation because Former Wife’s income
had increased more than two-fold during the eighteen years since
1 Subsequent to the trial in this cause, the Florida
Legislature in 2023 amended section 61.08, Florida Statutes....
...Mallard,
771
So. 2d 1138, 1140 (Fla. 2000) (citing Canakaris,
382 So. 2d at 1201)
(emphasis added).
Former Husband argues, inter alia, however, that the trial
court erred by failing to make specific findings concerning the
listed factors set forth in section
61.08, Florida Statutes....
...These
factors are to be considered when the trial court in a dissolution
action—having already determined one spouse has need for
alimony and the other spouse has the ability to pay alimony—
decides the type and amount of alimony to be awarded. See §
61.08,
Fla. Stat.; see also n.3, infra. Former Husband’s argument fails.
As an initial matter, section
61.14, governing modification of
alimony, makes no mention whatsoever of section
61.08 or the
findings required thereby....
...By the express language of section
61.14, the trial court must give “due regard to the changed
circumstances or the financial ability of the parties.” §
61.14(1)(a),
Fla. Stat. Thus, the statute itself provides no requirement that a
trial court make findings regarding the
61.08(2) factors that may
be relevant to a given case.
Further, it is only after a petitioner establishes a legally
sufficient change in circumstances or financial abilities of the
parties warranting modification of alimony that Florida courts
have required trial courts to specifically consider in writing those
relevant factors enumerated in section
61.08(2), Florida Statutes,
in determining the modified amount of alimony to be awarded.
See Suarez v....
...3d 1083, 1087 (Fla. 4th DCA 2019)
(“Once a party moving for alimony modification provides
substantial, permanent, and unanticipated change in
circumstances, ‘a trial court must consider and make specific
factual findings for each of [the] factors [within section
61.08(2)].’”); see also Befanis v....
...5th
DCA 2020) (holding the former spouse was entitled to modification
of alimony based upon requisite showing of legally sufficient
change in circumstances, and in light thereof, remanding to trial
court for determination of “the amount of alimony based on the
7
factors set forth in section
61.08(2), Florida Statutes . . . .”); accord
Davis v. Maloch,
287 So. 3d 689, 694 (Fla. 5th DCA 2019) (“In
making an alimony modification [i.e., determining the modified
amount of alimony to be granted], the court must look at all
relevant factors in section
61.08.”); Albu v. Albu,
150 So. 3d 1226,
1228 (Fla. 4th DCA 2014) (“In determining the extent of
modification, the trial court should consider those factors listed in
section
61.08, Florida Statutes, to the extent that they are relevant
in a modification proceeding.”). 3
Of course, holding that a trial court is not bound to review
the enumerated
61.08(2) factors until it has first concluded a
legally sufficient change in circumstances exists, in no way relieves
the court of the duty imposed by section
61.14 to determine
whether legally sufficient changed circumstances exist....
...3d at
1085, discussed supra.
As a result, it is foreseeable that certain evidence pertaining
a trial court’s consideration of changed circumstances and
financial abilities of the parties required in section
61.14 may also
be relevant to certain of the factors enumerated in
61.08(2).
3
It is noteworthy that a similar two-step analysis is
contemplated in a trial court’s initial determination of alimony in
a dissolution proceeding. When “determining whether to award
alimony[,]” section
61.08 requires the trial court to “first make a
specific factual determination as to whether either party has an
actual need . . . and whether either party has the ability to pay
alimony[.]” §
61.08(2), Fla....
...the court shall consider all relevant factors,
including, but not limited to” those set forth in (a)-(j). Id. (emphasis
added). See Reese v. Reese,
363 So. 3d 1202 (Fla. 6th DCA 2023);
see also Roth v. Roth,
312 So. 3d 1021, 1029 (Fla. 2d DCA 2021).
The 2023 amendment to section
61.08, Florida Statutes, makes
this two-step process clear. See §
61.08(2)-(3), Florida Statutes
(2023).
8
However, it cannot be claimed as error when a trial court—having
determined modification of alimony is not justified—does not
expressly analyze in writing those factors set forth in
61.08(2),
which are to be considered by the court in deciding the amount and
type of alimony. Where, as here, a trial court finds no legally
sufficient change in circumstances exists to warrant modification
of alimony, the trial court need not further expressly consider the
factors listed in section
61.08(2).
III.
Accordingly, the Supplemental Final Judgment of
Dissolution of Marriage is properly affirmed.
9
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 15030, 2015 WL 5915260
...her marriage
to Thomas S. Taylor. She argues primarily that the trial court erred by awarding
durational alimony rather than permanent alimony in this long-term marriage. We
conclude that the judgment does not contain the findings necessary under section
61.08, Florida Statutes (2012), to support an award of durational alimony....
...upport. The Wife's true
level of need is somewhat difficult to review on appeal because she and the minor child
were living in the marital residence, which the trial court ordered to be sold. The final
judgment does include cursory findings under section 61.08, but those findings contain
little more than the facts already recited in this opinion. In conjunction with the findings,
the final judgment states: "The Court finds, considering the dictates of Chapter 61.08,
1
At oral argument, the parties agreed that the home had been successfully
sold during the pendency of this appeal.
-3-
the Husband shall be directed to pay temporar...
...court repeats this finding but correctly
describes the alimony as "durational," rather than as "temporary." The Wife on appeal
challenges this award of durational alimony.2
II. THE STATUTORY FRAMEWORK FOR AWARDING ALIMONY
Section 61.08 was amended in 2010 to authorize an award of "durational"
alimony and also to recognize statutorily "bridge-the-gap" alimony....
...As explained in more
detail below, the court determines: (1) a party's need for support; (2) the other party's
ability to pay; (3) the type of alimony or the types of alimony appropriate in the case;
and (4) the amount of alimony to award.3
Under subsection 61.08(2), "[i]n determining whether to award alimony or
maintenance, the court shall first make a specific factual determination as to whether
either party has an actual need for alimony or maintenance and whether either party
has the abil...
...These two steps involve questions
of fact that need to be supported by competent, substantial evidence.
Once need and ability have been determined, the third step is to
determine which type or types of alimony to select as the appropriate remedy. See id.
Section 61.08 provides the trial court with four approaches to alimony that are not
always mutually exclusive. See §§ 61.08(5)-(8). The court can award (1) bridge-the-
gap alimony under subsection 61.08(5); (2) rehabilitative alimony under subsection
61.08(6); (3) durational alimony under subsection 61.08(7); and (4) permanent alimony
under subsection 61.08(8). The court is expressly authorized to award "any
combination of those forms of alimony." § 61.08(1).
The mandated list of findings under subsection 61.08(2) is used to
determine "the proper type and amount of alimony or maintenance under subsections
(5)-(8)." Although it is unquestionable that a trial court must use its reasoned discretion
in selecting the type of alimony or the types of alimony best suited for a particular case,
section 61.08 places considerable limitations on this discretionary decision and requires
the court to adjust the decision-making process depending on the length of the
marriage. See §§ 61.08(2), (4), (8)....
...See, e.g., Valente v.
Barion,
146 So. 3d 1247 (Fla. 2d DCA 2014) (reversing award of permanent alimony in
-5-
a moderate-term marriage where trial court appeared to apply the wrong law in its
decision making).
Subsection
61.08(4) establishes a "rebuttable presumption" that a
marriage having a duration of seventeen years or greater is a long-term marriage....
...In
this case, there is no dispute that the Taylors' twenty-two-year marriage was a long-term
marriage. In the case of such a long-term marriage, "[p]ermanent alimony may be
awarded . . . if such an award is appropriate upon consideration of the factors set forth
in subsection (2) . . . ." § 61.08(8)....
...Nevertheless, when it is awarded
the court must "include a finding that no other form of alimony is fair and reasonable
under the circumstances of the parties." Id.
By contrast, durational alimony is awardable "when permanent periodic
alimony is inappropriate." § 61.08(7)....
...THE JUDGMENT DOES NOT CONTAIN THE NECESSARY FINDINGS
TO SUPPORT THE AWARD OF ALIMONY
The difficulty that this court faces on review of the trial court's judgment is
that the trial court did not expressly decide that permanent periodic alimony was
"inappropriate." See § 61.08(7). Likewise, it did not find that there was "no ongoing
need for support on a permanent basis." See id. Although these determinations may
sometimes be implicit within the findings made under subsection 61.08(2), in this case
the findings give us no guidance as to why permanent alimony was inappropriate.
Given that the Wife does not have a history of full-time employment with benefits and
that the court actually imputed income to her, we...
...4th DCA 2014) (affirming an
award of durational alimony for a long-term marriage where the trial court found that
"durational alimony [wa]s warranted and . . . no other form of alimony [wa]s
appropriate," and the final judgment indicated that the trial court considered each of the
factors in subsection 61.08(2)).
As we did in Purin, we observe that there may be occasion for an award of
nominal permanent alimony in combination with an award of durational alimony.
5
We do not decide today wheth...
...conflict with the judiciary's current approach to such awards. See Purin,
158 So. 3d at
753.
-7-
158 So. 3d at 754. The length of an award of durational alimony can be extended only
"under exceptional circumstances." §
61.08(7)....
CopyPublished | Florida 2nd District Court of Appeal | 2013 WL 5539335, 2013 Fla. App. LEXIS 16010
...1 But, because the trial court failed to include findings of fact in its final judgment supporting its award of nominal alimony to the Former Wife, we reverse the portion of the final judgment awarding the Former Wife nominal alimony and remand for the trial court to provide factual findings as required under section 61.08, Florida Statutes (2008)....
...Thus, the trial court awarded the Former Wife nominal alimony of $10 per month. On appeal, the Former Husband argues that the trial court abused its discretion in awarding the Former Wife nominal alimony because it failed to make sufficient factual findings as required under section 61.08....
...consider the award should the parties’ financial circumstances change.”). In determining whether a party is entitled to nominal alimony, the trial court must find that one party has a need for alimony and must weigh the factors enumérated under section 61.08(2), which include: (a) The standard of living established during the marriage....
...(g) All sources of income available to either party. The court may consider any other factor necessary to do equity and justice between the parties. Further, the trial court’s final judgment awarding or denying alimony must contain findings of fact relative to the factors enumerated in section 61.08(2). See § 61.08(1)....
...ate review. See Kennedy,
60 So.3d at 469 ; Mobley,
18 So.3d at 728 . Here, the trial court’s final judgment merely states that “[s]uch an [alimony] award is appropriate upon consideration of the factors set forth in [s]ubsection (2) of [section]
61.08.” Otherwise, the final judgment entirely omits findings of fact related to the Former Wife’s need for support; the standard of living established during the marriage; the age and physical and emotional condition of each party; the Former Wi...
...omission of factual findings in its final judgment confounds meaningful appellate review. Accordingly, we reverse the final judgment as it relates to the award of nominal alimony and remand for reconsideration and factual findings as required under section 61.08....
CopyPublished | Florida 2nd District Court of Appeal | 2013 WL 5539239, 2013 Fla. App. LEXIS 16013
...We conclude that neither the final order nor the record reflects whether the trial court determined Former Husband’s ability to pay. The trial court must make findings as to a spouse’s ability to pay. See Crick v. Crick,
78 So.3d 696, 698 (Fla. 2d DCA 2012) (citing §
61.08(2), Fla....
...ile making the necessary specific findings. Finally, the Former Husband asks us to require the trial court to correct the alimony award for its failure to include language that the alimony must terminate upon the Former Wife’s death or remarriage. Section 61.08(8), Florida Statutes requiring the termination of alimony in either one of those two circumstances, did not exist when Former Wife commenced this dissolution action....
CopyPublished | Florida 2nd District Court of Appeal | 2013 Fla. App. LEXIS 16011, 2013 WL 5566681
...Jeffrey Froeschle, the former husband, appeals a postdissolution order granting his supplemental petition for modification of alimony and support. Because we are able to determine from the record that the trial court considered the applicable factors in section 61.08(2), Florida Statutes *968 (2011), we affirm the portion of the order granting a downward modification of the former husband’s alimony obligation but denying the termination of alimony without further comment....
CopyPublished | Florida 3rd District Court of Appeal | 2008 Fla. App. LEXIS 15395, 2008 WL 4489206
...the default, an affidavit regarding his attempt to attend the final hearing, and a proposed answer and counter-petition. 1 The trial court was required to consider evidence and to make findings of fact in order to support the lump sum alimony award. §
61.08(1), Fla. Stat. (2008); Geoghegan v. Geoghegan,
969 So.2d 482 (Fla. 5th DCA 2007); Esaw v. Esaw,
965 So.2d 1261 (Fla. 2d DCA 2007); Fulmer v. Fulmer,
961 So.2d 1081 (Fla. 1st DCA 2007). Section
61.08(1) specifies that “[i]n all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony.” (Emphasis provided)....
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 15056, 2003 WL 22296634
...We agree and reverse. Case law and statutes provide that when making support and attorney’s fee awards in a dissolution of marriage proceeding, the circuit court must include findings of fact sufficient to permit appellate review of the awards. See, e.g., § 61.08(1), Fla....
CopyPublished | Florida 5th District Court of Appeal
...Former Husband’s Ability to Pay Alimony
We consider first Former Husband’s claim that the amount
of permanent periodic alimony awarded exceeds his ability to pay.
A “specific factual determination [of] . . . ability to pay alimony”
must be made under section 61.08(2), Florida Statutes....
CopyPublished | Florida 1st District Court of Appeal | 2017 Fla. App. LEXIS 14024, 2017 WL 4448524
...-term marriage.
In determining whether to award alimony, the trial court must make specific
factual determinations with regard to the needs of the spouse requesting alimony and
the ability of the other spouse to provide the necessary funds. § 61.08(2), Fla....
...Stat.
8
(2016); Canakaris v. Canakaris,
382 So. 2d 1197, 1201 (Fla. 1980). If the court finds
that one spouse has an actual need for alimony and the other spouse has the ability
to pay, the court must then consider “all relevant factors,” including those listed in
section
61.08(2), in determining the proper type and amount of alimony. Permanent
alimony is designed to provide for the needs and necessities of life for a former
spouse as they were established during the marriage. §
61.08(8), Fla....
...Additionally, the court should make explicit findings
regarding the Ms. Schroll’s need and Mr. Schroll’s ability to pay, and if the court
determines that an award of alimony is proper, it should consider all relevant factors,
including those set forth in section 61.08(2), when determining the proper type and
amount of the award.
IV....
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 19727, 2015 WL 6503442
... Finally, we briefly address the award of permanent alimony in this case in
hopes of avoiding a repeated error on remand and to encourage the trial bench and
practitioners in this field to allow for more meaningful appellate review. Section 61.08
identifies the various forms of alimony, characterizes marriages by their duration, and
sets out the factors to be considered and findings to be made in awarding alimony.
Permanent alimony may be awarded following a marriage of moderate duration if the
trial court determines that "such an award is appropriate based on clear and convincing
evidence after consideration of the factors set forth in subsection (2)" of section 61.08.
§ 61.08(8) (emphasis added); see Valente v....
...Barion,
146 So. 3d 1247, 1249 (Fla. 2d
DCA 2014). In awarding permanent alimony following a marriage of any duration, the
trial court "shall include a finding that no other form of alimony is fair and reasonable
under the circumstances of the parties." §
61.08(8).
In this case, the seven-year marriage qualifies as a moderate-term
marriage, see §
61.08(4), but it is not apparent from the record that the trial court
applied a clear and convincing standard in awarding permanent alimony....
CopyPublished | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 15699, 2003 WL 22399700
...On the third issue, we reverse and remand for further findings by the trial court. One of the criteria used in establishing the amount of permanent alimony is the standard of living established by the parties during the course of the marriage. See § 61.08(2), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2017 WL 4700009
...alimony. Former Husband’s primary argument
is not that he lacks the ability to pay alimony or that permanent periodic alimony is
otherwise inappropriate,3 but rather, he argues that Former Wife failed to establish her
need for the alimony. See § 61.08(2), Fla....
...Sherlock,
199 So. 3d 1039,
1043 (Fla. 4th DCA 2016)). In awarding alimony, the trial court is required to consider
“[t]he financial resources of each party, including the nonmarital and the marital assets
and liabilities distributed to each.” §
61.08(2)(d), Fla....
CopyPublished | Florida 5th District Court of Appeal
and Former Husband’s ability to pay support. §
61.08, Fla. Stat. (2022). While the trial court has discretion
CopyPublished | Florida 2nd District Court of Appeal | 2013 WL 5676459, 2013 Fla. App. LEXIS 16636
...be awarded to the Former Wife if a need is demonstrated. See Schomburg v. Schomburg,
845 So.2d 257, 258 (Fla. 2d DCA 2003) (“Because of the long term of the marriage, there is an initial presumption that permanent alimony is proper.”); see also §
61.08(4), Fla....
...The trial court’s conclusion suggests that the Former Wife had sufficient nonmarital assets such that, if she were to liquidate them, she would be able to meet her living expenses without the need of alimony. Such reasoning is error. In the circumstances of this long-term marriage and under section 61.08, the Former Wife is not required to liquidate and deplete her assets to provide for her living expenses in lieu of the Former Husband’s anticipated contribution....
CopyPublished | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 18088, 2012 WL 4897656
...Because appellant has failed to provide a transcript of the proceedings, he attacks the final judgment as erroneous on its face. We find no error or insufficiency with the findings of the trial court, except as to the award of bridge-the-gap alimony for a period of three years. Under section 61.08(5), Florida Statutes, an award of bridge-the-gap alimony may not exceed two years in length....
CopyPublished | Florida 2nd District Court of Appeal
...own income before
awarding the $6500 per month durational alimony amount. And Ms. Goodman is
correct that to the extent she sought retroactive amounts, the final judgment fails to
make the findings required regarding need and ability to pay. See § 61.08(2), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 15180
...The wife appeals from the circuit court’s amended final judgment of dissolution of marriage. The- wife primarily argues that the court erred in not awarding her permanent alimony because: (1) even though the marriage was a long term marriage under section 61.08, Florida Statutes (2014), the court did not find that a rebut-table presumption existed in favor of permanent alimony; (2) the court’s findings were insufficient to rebut the presumption in favor of permanent alimony; and (3) permanent alimony is appropriate. We agree with these arguments and reverse. We present this opinion in. three parts: 1. the procedural history; 2. the standard of review and examination of section 61.08; and 3....
...The wife acknowledged she could no longer live a lavish lifestyle, and said she “ha[d] no problem with that.” In accordance with a prior temporary support order, the husband was paying the ■ wife $4,279 per month. In the final judgment, the trial court addressed all relevant statutory findings under section 61.08(2)(a)-(j), Florida Statutes (2014); imputed a gross yearly income to the wife of $18,200, or a little over $1,500 a month; found that that “she could earn a starting teachers [sic] salary of $39,000.00 with benefits in a period of app...
...The court then awarded the wife durational alimony of $4,500 per month for ten years. This appeal followed. The wife primarily argues that the trial court erred in not *821 awarding her permanent alimony because: (1) even though the marriage was a long term marriage under section 61.08, Florida Statutes (2014), the court’s final judgment did not find that a rebuttable presumption existed in favor of permanent alimony; .(2) the court’s findings were insufficient to rebut the presumption in favor of permanent alimony; and (3) permanent alimony is appropriate in this ease. 2. The Standard of Review and an Examination of Section 61.08 ....
...(citation omitted). “Where a trial judge fails to apply the correct legal rule ... the action is erroneous as a matter of law.” Ondrejack v. Ondrejack,
839 So.2d 867, 870 (Fla. 4th DCA 2003) (alteration, citation, and quotation marks omitted). Section
61.08, Florida Statutes (2014), governs alimony awards and provides in pertinent part: (1) In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or permanent in nature or any combination of these forms "of alimony. In any award of alimony, the court may order periodic payments or payments in lump sum or both.... §
61.08(1), Fla....
...The statute lists factors for the court to consider, including the duration of the marriage; the parties’ ages, financial resources and earning capacities; their “educational levels, vocational skills, and em-ployability”; and their contributions to the marriage, including homemaking and child care. § 61.08(2), Fla. Stat. (2014). The statute further provides “there is a rebut-table presumption that a ... long-term marriage is a marriage having a duration of 17 years or greater.” § 61.08(4), Fla....
...An award of permanent alimony terminates upon the death of either party or upon the remarriage ■ of the party receiving alimony. Am award may be modified or terminated based upon a substantial change in circumstances or upon the existence of a supportive relationship in accordance with s.61.14. § 61.08(7), (8), Fla....
...(2014) (emphasis added). 3. The Wife’s Arguments on Appeal a. The Trial Court’s Final Judgment Did Not Find that a Rebuttable Presumption Existed in Favor of Permanent Alimony The wife first argues that even though the marriage was a long term marriage under section 61.08, Florida Statutes (2014), the trial court’s final judgment did not find that a rebuttable presumption existed in favor of permanent alimony. We agree. See § 61.08(4), Fla....
...nent alimony,”). The husband argues that the legislature’s creation of durational alimony in 2010 nullified the presumption in favor of permanent alimony for a long-term marriage. See Taylor v. Taylor,
177 So.3d 1000, 1002 (Fla. 2d DCA 2015) (“Section
61.08 was amended in 2010 to authorize an award of ‘durational’ alimony.......
...We agree. As the second district recognized in a similar case: The difficulty that this court faces on review of the trial court’s judgment is that the .trial court did not expressly decide that permanent periodic alimony was “inappropriate,” See § 61.08(7). Likewise, it did not find that there was “no ongoing need for support on a permanent basis.” See id. Although these determinations may sometimes be implicit within the findings made under subsection 61.08(2), in this case the findings give us no guidance as to why permanent alimony was inappropriate....
...4th DCA 2014) (affirming an award of durational alimony for a long-term marriage where the trial court found that “durational alimony [wa]s warranted and ,. no other form of alimony [wa]s appropriate,” and the final judgment indicated that the trial court considered each of the factors in subsection 61.08(2))....
CopyPublished | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 13230, 2000 WL 1508509
PER CURIAM In light of the tremendous discrepancy between the parties’ current and potential incomes, and upon consideration of other relevant factors as specified section 61.08, Florida Statutes, we conclude that the trial court abused its discretion in failing to award permanent alimony to the appellant wife in this marital dissolution action....
...We recognize that, in light of our decision, it may be necessary for the trial court to reconsider or restructure its rehabilitative alimony award, see, e.g., Burrill v. Burrill,
701 So.2d 354, 357 (Fla. 1st DCA 1997), and the former husband’s security obligation. See §
61.08(3), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...decide whether to reduce or terminate the alimony obligation. Id.
at 952-53. In the third step, the circuit court must consider the
relevant economic factors for determining an award of separate
maintenance or alimony outlined in section 61.08(2)....
...As stated in King, if a trial court
concludes an obligee is in a supportive relationship, steps three and four of
7
the analysis requires the trial court to consider the relevant economic factors
for determining an award of separate maintenance or alimony outlined in
section
61.08(2), and thereafter, determine whether, based on those factors,
the obligee’s alimony should be terminated or reduced. King,
82 So. 3d at
1129.
In the instant case, the trial court followed step four—terminated
alimony—but prior to doing so, failed to comply with step three—consider the
relevant economic factors outlined in section
61.08....
...the relevant economic factors, the Former Wife cannot raise this argument
on appeal. We disagree. See Broadfoot v. Broadfoot,
791 So. 2d 584, 585
(Fla. 3d DCA 2001) (“We do, of course, reserve the right to reverse on
account of an absence of findings [set forth in section
61.08, Florida Statutes]
(whether the point was raised in the trial court or not) if the absence of
statutory findings frustrates this court’s appellate review.”); see also Ortiz v.
Ortiz, 306 So....
CopyPublished | Florida 2nd District Court of Appeal | 2014 Fla. App. LEXIS 15260, 2014 WL 4851732
...We find merit only in the Former Wife's contentions regarding alimony and
allocation of the child's uncovered medical expenses and therefore reverse. In all other
respects, we affirm the amended final judgment without discussion.
The parties' marriage lasted twenty years. This is a long-term marriage.
See § 61.08(4), Fla....
...In determining alimony, "[t]he primary factors for the trial court to consider
are the needs of one spouse and the ability of the other spouse to pay." Id. (citing Hann
v. Hann,
629 So. 2d 918, 920 (Fla. 2d DCA 1993)). In determining need, the trial court
is obligated to consider the factors in section
61.08(2)....
CopyPublished | Florida 4th District Court of Appeal
...actual need and the Husband’s ability to pay, taking into
account the parties’ standard of living, the parties[’] ages, the
employment history and ability of the parties, as well as the
other factors under Florida Statute Section 61.08.
The Wife has included in her “needs” extras, gifts, expenses
she is not actually incurring and other items not appropriate
for purposes of Temporary Relief.
….
Although temporary awards...
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 24116
...Maas,
440 So.2d 494 (Fla. 2d DCA 1983); McIntosh v. McIntosh,
432 So.2d 176 (Fla. 1st DCA 1983), receding from Nalley and Foxx; Caidin v. Caidin,
367 So.2d 248 (Fla. 3d DCA 1979), cert. denied,
381 So.2d 765 (Fla.1980). The rationale is that under section
61.08, Florida Statutes, a general prayer for alimony invokes the authority of the trial court to choose the method of payment of lump sum alimony....
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 6335
periodic alimony, lump sum alimony or both (F.S. Section
61.08, F.S.A.); and that an award of lump *40sum alimony
CopyPublished | Florida 1st District Court of Appeal
...Wife’s death or remarriage and shall not be subject to termination
or modification in the event the Wife enters into a supportive
relationship.” The latter language is wholly at odds with the
definitions of the various forms of alimony authorized by section
61.08(5)-(8), Florida Statutes, all of which provide that the alimony
shall end upon the death or remarriage of the receiving spouse.
Furthermore, as the former husband points out, a lump sum
payment award that effects a property distribution is not
enforceable by contempt, as are alimony awards....
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 16965, 2003 WL 22515045
...se of discretion. See Lowman v. Lowman,
724 So.2d 648, 649 (Fla. 2d DCA 1999); Murray v. Murray,
598 So.2d 310, 312 (Fla. 2d DCA 1992). It is clear that the trial court made its decision to award permanent alimony based on the statutory framework of section
61.08, Florida Statutes (2001), and *1170 not upon the occurrence of a future event....
...their respective financial resources, among others. Although the court’s reference to the progressive nature of the Wife’s Crohn’s disease may have been misleading, her present medical condition was appropriately considered in accordance with section 61.08....
CopyPublished | Florida 1st District Court of Appeal
...caused it, the wife objected to the argument that the plan should
be adjusted, and the husband did not move to admit new
evidence.
4
awarded $1,000 of alimony monthly for sixteen years, noting that
the trial court had “considered section 61.08, Florida Statutes, in
determining whether an alimony award was appropriate,” and
considered the length of the marriage and age of the parties.
In determining whether to award alimony, the trial court
must “make a specific fact...
...to whether either
party has an actual need for alimony or maintenance and
whether either party has the ability to pay alimony or
maintenance,” and, if an award is appropriate, must consider
several factors to determine the proper type and amount.
§ 61.08(2), Fla....
...spective
determination of likely future events.
For instance, in awarding bridge-the-gap alimony the circuit
judge is anticipating what support will be necessary “to allow the
party to make a transition from being married to being single.”
§ 61.08(5), Fla. Stat. In awarding rehabilitative alimony, a
circuit judge is anticipating the development of future skills
necessary for the former spouse receiving that alimony to
establish “the capacity for self-support.” § 61.08(6)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 14544, 2000 WL 1651309
...blems. The critical factor to be considered was that appellant was having serious health problems, including cancer of the eye and serious depression which, at the time of hearing, placed her ability to continue her employment in real jeopardy.- See § 61.08(2), Florida Statutes; see generally, Bain v....
CopyPublished | Florida 5th District Court of Appeal
...to secure his support obligations. A trial court’s decision on whether to
require a party to maintain life insurance to secure support obligations is
reviewed for an abuse of discretion. See Jimenez v. Jimenez,
211 So. 3d 76,
79 (Fla. 4th DCA 2017) (citation omitted). Section
61.08 provides:
To the extent necessary to protect an award of
alimony, the court may order any party who is
ordered to pay alimony to purchase or maintain a life
insurance policy or a bond, or to otherwise secure
such alimony award with any other assets which may
be suitable for that purpose.
§
61.08(3), Fla....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 22127
sum alimony). 4. The legislative command in section
61.08(2), Florida Statutes (1981), that in determining
CopyPublished | Florida 4th District Court of Appeal
...not contemplated at the time of final judgment of dissolution; and 3) is
sufficient, material, involuntary, and permanent in nature.’” Koski v.
Koski,
98 So. 3d 93, 95 (Fla. 4th DCA 2012) (quoting Damiano v. Damiano,
855 So. 2d 708, 710 (Fla. 4th DCA 2003)); see also §
61.08(8), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2015 Fla. App. LEXIS 17911, 2015 WL 7566689
...No brief filed for appellee.
KLINGENSMITH, J.
In this appeal from a final judgment awarding child support and
alimony, the former husband argues that the trial court erred in its
calculation of the alimony award by considering only two of the ten
factors outlined in section 61.08, Florida Statutes (2011)....
...her judgment. Regarding the
child support and alimony, the judgment stated as follows, in pertinent
part:
The predecessor judge in the final judgment of dissolution
of marriage made findings of fact pursuant to Florida Statute
Section 61.08. The appellate court held that the trial court
must award alimony. Therefore, this Court does not believe it
is required to make renewed findings pursuant to Florida
Statute §61.08, although a couple of factors are important to
weigh in making this determination....
....
....
In addition, the Court has calculated child support based
upon the findings at the time of the final judgment. Clearly,
either party may file for a modification based upon the
current income of the parties if they desire to do so.
(Emphasis added).
Section 61.08 states:
(1) In a proceeding for dissolution of marriage, the court
may grant alimony to either party, which alimony may be
bridge-the-gap, rehabilitative, durational, or permanent in
nature or any combination of these forms of alimony....
...other party has the ability to pay alimony or maintenance,
then in determining the proper type and amount of alimony
or maintenance under subsections (5)-(8), the court shall
consider all relevant factors, including, but not limited to . . . .
§ 61.08(1)-(2), Fla. Stat. (2011) (emphasis added).
3
Section 61.08(2)(a)-(j) then lists ten (10) separate factors for the court
to consider. This court has held that a trial court must consider and
make specific factual findings for each of these factors:
Section 61.08(2), Florida Statutes (2010), mandates that
the trial court evaluate “any relevant economic factors,
including standard of living during the marriage, age,
earning ability, value of each party’s estate and contribution
to the marriage.” Ryan v....
...4th DCA 2003) (“A
failure to consider all of the mandated factors is reversible
error.”) (citation omitted); Koski v. Koski,
98 So. 3d 93, 96
(Fla. 4th DCA 2012) (reversing because appellate court could
not determine if trial court considered all applicable section
61.08(2) factors).
Here, the trial court explained in the final judgment that
it considered six of the ten factors, but no mention was made
of the other four factors....
...Further, the order completely fails
to make any factual findings regarding the missing four
factors; as a result, the order is insufficient to support an
award of alimony. Therefore, we reverse so that the trial
court may have an opportunity to make factual findings in
accordance with section
61.08(2). Segall v. Segall,
708 So.
2d 983, 986–87 (Fla. 4th DCA 1998) (“Although the court’s
final judgment tracked the language of section
61.08(2) in
discussing the factors it considered, it failed to make
findings of fact relative to those factors.”).
Patino v....
...4th DCA 2013); see also
Badgley v. Sanchez,
165 So. 3d 742, 744 (Fla. 4th DCA 2015) (citing
Patino for the same proposition).
4
In this case, the trial judge did not reconsider each of the required
statutory factors listed in section
61.08(2),2 perhaps because the
previous judge already had considered them in the prior judgment.3
However, in light of the amount of time that had passed since the earlier
case was remanded, and considering the fact that the case was heard in...
...front of a different judge on remand, the trial court’s reliance on both a
stale record and an incomplete prior judgment in rendering the decision
was error.
Former husband points to the trial court’s reconsideration of the
statutory factors under sections 61.08(2)(e) and 61.08(2)(j) as support for
his claim that the trial judge relied on new evidence, notwithstanding the
repeated assertions that the court would base its decision on the extant
record....
...An examination of the court’s findings and precatory comments
leaves no doubt that new information was revealed at the hearing on
remand and considered by the trial judge.
Two portions of the record support the former husband’s claims.
First, after addressing findings he made pursuant to section 61.08(2)(e)
and section 61.08(2)(j), the trial judge refers to events that took place
after the prior hearing by stating, “[u]nlike the predecessor judge, this
Court now had the opportunity to see what the future held for Addie and
Coale.” Second, after addressi...
...the facts discussed in this Order, the Court finds that lump
sum alimony is appropriate.
(Emphasis added).
2 A review of the judgment at issue in this appeal shows that the successor trial
judge re-evaluated two factors under the statute, specifically sections
61.08(2)(e) and 61.08(2)(j), but none of the other factors.
3 The 2011 final dissolution of marriage reveals that the trial court did not
specifically include findings for section 61.08(2)(i), which requires the judge to
consider “[a]ll sources of income available to either party, including income
available to either party through investments of any asset held by that party.”...
...espective financial
situations relating to need and ability to pay alimony had been properly
presented to the trial court.
Therefore, we reverse and remand this case to the trial court for an
evidentiary hearing on all of the relevant factors in section 61.08(2), and
for a final judgment consistent with our holdings in Patino and Badgley.
After the trial court has ruled upon the alimony issue, it must then
recalculate the child support award accordingly....
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5412
...rge, so as to make it impracticable for him to begin to pay even the small weekly installments which the court provided for, by reason whereof the court postponed the commencement of his payments for over six months from the date of the judgment. By § 61.08 Fla.Stat., F.S.A., relating to alimony in judgments of divorce, the jurisdiction to order payment in lump sum of alimony allowed in gross is provided for as' follows: “In any award of permanent alimony the court has jurisdiction to order periodic payments or payment in lump sum or both.” In Yandell v....
CopyPublished | Florida 2nd District Court of Appeal
...We affirm on all but one
issue advanced by Ms. Corey. We reverse on Ms. Corey's third issue. Ms. Corey
argues, and Mr. Shimer concedes, that the trial court erred in requiring Ms. Corey to
maintain a life insurance policy to secure her alimony obligation to Mr. Shimer.
Section 61.08(3), Florida Statutes (2015), authorizes the trial court to
"order any party who is ordered to pay alimony to purchase or maintain a life insurance
policy" to the extent necessary to protect an award of alimony....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16938
...rough public washing of dirty linen. Unfortunately, the appellate courts have chipped away at it and much of the fault concept has returned. Yet, in our opinion the appellate courts are not to blame for this retrogression because the Florida Statute § 61.08(2) (1973) as enacted, provides in part: In determining a proper award of alimony, the court may consider any factor necessary to do equity and justice between the parties, (emphasis supplied)....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 17383
...5th DCA 2014) (“There is a rebuttable presumption that permanent periodic alimony is appropriate after a long-term marriage.”). In the trial court’s final judgment, there is no mention of the long-term marriage presumption. Similarly, while the trial court evaluated the factors enumerated in section 61.08(2)(a)-(j), Florida Statutes (2015), there is no reference to the preliminary inquiry mandated by the initial provisions of section 61.08(2)....
...as an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance.” Id. (emphasis added.) We find no error in the trial court’s consideration of the Former Wife’s allegedly adulterous behavior. Section 61.08(1), Florida Statutes (2015), permits the trial court to consider evidence of the adultery of either spouse in determining a proper award of alimony, and that consideration is dependent upon the circumstances of each particular case....
...wife’s need for an award of alimony or the former husband’s ability to pay a specific alimony amount. In concluding that the trial court abused its discretion based upon the facts before it, we declared: In considering an award of alimony under section 61.08(2), Florida Statutes, the trial court must determine whether either party has an actual need for alimony and whether either party has the ability to pay.alimony, and then examine “all relevant economic factors, including but not limit...
...ence of how much- money had been “pooled” in the “supportive relationship”; (3) because of the parties’ long-term marriage and the presumption in favor of permanent periodic alimony; and (4) because of the failure to include an analysis of section 61.08(2), which required factual findings of whether the Former Wife had a need for alimony and whether the Former Husband had the ability to pay that alimony—a threshold analysis that must take place before the evaluation of the ten factors enumerated in section 61.08(2)(a)-(j)....
...1st DCA 2012) {“Once the court determines a party has a need for alimony and the other party has [the] ability to pay, the *162 court ‘shall consider all relevant factors, including, but not limited to: (a) The standard of living established during the marriage.’ § 61.08(2), Fla....
...Florida Rule of Civil Procedure 1.530(e) directs that "the sufficiency of the evidence to support the judgment may be raised on appeal whether or not the party raising the question has made any objection thereto in the trial court or made a motion for rehearing....” . See § 61.08(4), Fla....
CopyPublished | Florida 4th District Court of Appeal
...eks, 4 when the wife testified
that her employer did not provide more than 33 hours. We reverse for the
trial court to reconsider the wife’s income and to fully consider the wife’s
lifestyle during the marriage along with the other factors under section
61.08(2), Florida Statues (2019), in determining alimony....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 6083415, 2013 Fla. App. LEXIS 18408
...(“Husband”) has raised three issues on appeal, while Linda Burton (“Wife”) has raised four issues on cross-appeal. We find merit in two points raised by Husband, which warrant reversal and remand. The final judgment is affirmed in all other respects. Life Insurance In accordance with section 61.08(3), Florida Statutes (2011), the trial court ordered Husband to purchase life insurance to secure the payment of alimony....
CopyPublished | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 19775, 37 Fla. L. Weekly Fed. D 2660
...The Former Husband contends on appeal that the alimony award must be reversed because the trial court did not make the statutorily-required finding that no form of alimony other than permanent alimony would be fair and reasonable under the circumstances. We agree. Section 61.08(2), Florida Statutes (2011), 1 provides that in determining whether to award alimony, the trial court must first consider whether the requesting party has a need for alimony and whether the other party has the ability to pay. Then, in determining the type and amount of alimony, the court must consider “all relevant factors” including those set forth in section 61.08(2)(a) through (j). And in the case of permanent alimony, the court must also find that “no other form of alimony is fair and reasonable under the circumstances of the parties.” § 61.08(8), Fla....
...ding permanent alimony without expressly finding that no other form of alimony would be appropriate under the circumstances. The Former Wife responds that it is implicit in the detailed findings made by the trial *397 court addressing the factors in section 61.08(2)(a) through (j) that the court determined that no other form of alimony would be appropriate under the circumstances....
...The purpose of permanent alimony is to “provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage.” § 61.08(8), Fla....
...grey area” marriage. See Sellers v. Sellers,
68 So.3d 348, 350 (Fla. 1st DCA 2011) (noting that marriages of less than 17 years in duration are “grey area” marriages in which there is no presumption for or against permanent alimony); and cf. §
61.08(8), Fla. Stat. (stating that an award of permanent alimony for moderate-duration marriages — those of between 7 and 17 years — must be based on clear and convincing evidence after consideration of the factors in section
61.08(2))....
...; however, this factor is not sufficient by itself to justify an award of permanent alimony or to rule out other forms of alimony. Instead, the trial court must consider “all relevant factors” in determining what type of alimony is appropriate. § 61.08(2), Fla....
...4th DCA 2003) (holding that lack of find ings on statutory factors prevented court from determining appropriateness of bridge-the-gap alimony over permanent alimony). Here, the trial court’s order included detailed findings as to each of the factors in section 61.08(2)(a) through (j)....
...That being the case, the trial court was required to determine whether permanent alimony was the most fair and reasonable type of alimony under the circumstances and it was obligated to include sufficient findings in its order to explain its decision. See § 61.08(8), Fla....
...Because the trial court failed to make such findings, we reverse the court’s determination of the Former Wife’s entitlement to permanent alimony and remand for reconsideration. If, on remand, the trial court again orders permanent alimony, it must make the findings required by section 61.08(8)....
...We affirm the final judgment in all other respects. REVERSED in part; AFFIRMED in part; REMANDED for further proceedings. VAN NORTWICK and MAKAR, JJ., concur. . Even though the petition for dissolution of marriage was filed in July 2009, the 2011 version of section 61.08 applies in this case because the final judgment containing the initial alimony award was entered in November 2011. See Ch.2011-92, § 80, Laws of Fla. (providing that the 2011 amendments to section 61.08 apply in all cases pending on July 1, 2011, and to all initial awards of alimony entered after that date). . See § 61.08(5) and (7), Fla....
...(2011) (describing bridge-the-gap alimony and dura-tional alimony, respectively). It does not appear that rehabilitative alimony is appropriate based on the current record because, as the trial court found, there was no evidence presented of any plan for either party to receive additional training or education. See § 61.08(6)(b), Fla....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 17100
00 and has exceeded $50,000.00. Florida Statute §
61.08(1), applied by the trial court to reduce to a bare
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 14409, 1998 WL 796477
...Issues relating to distribution of marital property, and child support for the parties’ son (now emancipated) were either settled by the parties by stipulation, or were not appealed. Because the findings in the amended final judgment are contradictory, and not as complete as they should be as set forth in Section 61.08(1), relating to the award of permanent alimony, we reverse on that ground alone and remand for further proceedings....
CopyPublished | Florida 4th District Court of Appeal | 1998 Fla. App. LEXIS 14297, 1998 WL 821793
...In the first appearance of this case in our court, Bomwell v. Bomwell,
676 So.2d 508 (Fla. 4th DCA 1996), we reversed several aspects of the final judgment of dissolution of marriage including: the award of permanent alimony for failure to make findings required by section
61.08(2), Florida Statutes (1993); the finding of a special equity in the marital home in the wife’s favor for lack of evidence to rebut the presumption of gift, see section
61.075(5)(a), Florida Statutes (1993); the date of valuation used...
...ut we again reverse the award of special equity in the home to the wife and the award of attorney’s fees. *1141 The trial court’s findings support the award of alimony to the wife. The order took into consideration all of the relevant factors in section 61.08....
CopyPublished | Florida 4th District Court of Appeal
...e award of alimony to her, we
reverse.
For alimony purposes, trial courts may impute income to a voluntarily
unemployed or underemployed spouse in determining the parties’ earning
capacities, sources of income, and financial circumstances. See §
61.08(2)(e), (i), (j), Fla....
...d Wife’s
potential monthly Social Security benefits in its alimony computation.
Wife argues that her Social Security benefits may not be included as
income unless she receives payments from the Social Security
Administration (“SSA”). Under section 61.08(2):
In determining whether to award alimony or maintenance, the
court shall first make a specific factual determination as to
1As of 2016, Florida’s minimum wage was $8.05....
...Because Wife was not receiving
payments from the SSA, these deferred benefits were not currently
available income to Wife. Only those benefits that are paid from the SSA
and delivered to the recipient may be considered part of a party’s income
for purposes of calculating alimony under section 61.08.
Although there are no Florida cases directly on point, the rationale of
Moore v....
...We hold that when
the evidence establishes that a party has declined to receive early Social
Security retirement benefits to receive higher benefits later, this alone does
not demonstrate an unexercised ability to earn. Therefore, we reverse and
remand for the trial court to reconsider the factors enumerated in section
61.08(2), without incorporating Wife’s unpaid Social Security benefits into
the calculation of her imputed monthly income for the purposes of
establishing an alimony award....
CopyPublished | Florida 1st District Court of Appeal | 1995 Fla. App. LEXIS 4990, 1995 WL 264095
...ome is about three times that of the wife, the husband’s superior earning capacity, and the wife’s limited earning capacity, given her age and work experience. She also argues the trial court erred by failing to make findings of fact required by section 61.08, Florida Statutes (1993) to support its decision to deny the wife alimony. Section 61.08(1) provides, in relevant part: “In all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony.” 1 Review of the final judgment refl...
...Whether the trial court ultimately decides to grant or deny alimony, it must enter written findings to support its decision. The judgment is otherwise affirmed in all respects. Accordingly, we AFFIRM in part, and REVERSE and REMAND in part. BOOTH, LAWRENCE and VAN NORTWICK, JJ., concur. . Section 61.08(2), Florida Statutes (1993), provides in pertinent part: In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to: (a) The standard of living established during the marriage....
CopyPublished | Florida 4th District Court of Appeal
marriage pending or filed on or after July 1, 2023.” §
61.08(11), Fla. Stat. (2023). On July 14, 2023,
CopyPublished | Florida 1st District Court of Appeal | 1974 Fla. App. LEXIS 7659
We hold that the court did not. See, Fla.Stat. §
61.08, F.S.A.; Oliver v. Oliver, Fla.App.1973, 285 So
CopyPublished | Florida 5th District Court of Appeal
...For these reasons, we reverse the Amended Final Judgment and
Amended Order on Attorney's Fees and Costs, and remand for the trial court
to reconsider the alimony award based upon the parties' monthly net
incomes and the other factors set forth in section 61.08(2), Florida Statutes.
On remand, the trial court is instructed to reconsider its attorney's fees award
and equitable distribution scheme because any change to the permanent
periodic alimony award will necessarily affect these calculations....
CopyPublished | Florida 4th District Court of Appeal
...This appeal is from
the court’s September 2019 order on Former Husband’s amended petition
to modify alimony. Former Husband alleges the trial court erred in failing
to allow him to elicit former wife’s testimony at the hearing on his amended
petition and in failing to issue written findings as required under section
61.08, Florida Statutes (2019)....
...The
court found that Former Wife still had a need for alimony and Former
Husband still had the ability to pay despite his change in circumstances.
However, to support maintaining the alimony award, the court must look
at more than just Former Wife’s “need;” it must also look at the factors
under section 61.08(2), Florida Statutes (2019). Here, the trial court
referred to the financial resources of the parties, which is one factor under
section 61.08(2)(d), but other than this, there is no other indication that it
considered any of the other factors in determining that Former Wife was
still entitled to alimony....
...4th DCA
2012).
We therefore reverse and remand this matter for a new hearing on
Former Husband’s amended petition and direct the trial court to prepare
an order at the conclusion of the hearing that includes the required
2
findings of fact under section 61.08(2), and (9) if necessary, 2 to support
any modified alimony award.
Reversed and Remanded.
DAMOORGIAN, GERBER and KLINGENSMITH, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
2 Under section 61.08(9), the trial court is required to include “written findings of
exceptional circumstances” if the alimony award will leave Former Husband with
“significantly less net income than the net income of” Former Wife....
CopyPublished | Florida 4th District Court of Appeal
...2d 340, 343 (Fla.
4th DCA 1989). However, in ruling on a request for alimony,
a court must consider “all sources of income available to either
party, including income available to either party through
investments of any asset held by that party.” § 61.08(2)(i), Fla.
Stat....
...On appeal, Husband argues that, in the absence of special
circumstances, the trial court erred in requiring him to pay for both life
insurance and a survivor benefit under his pension plan to secure the
alimony award for Wife. In support of this position, Husband cites section
61.08(3), Florida Statutes, which provides:
To the extent necessary to protect an award of alimony, the
court may order any party who is ordered to pay alimony to
purchase or maintain a life insurance policy or a bond, or to
otherwise secure such alimony award with any other assets
which may be suitable for that purpose.
§ 61.08(3), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2017 Fla. App. LEXIS 6405
...former wife $2,500 in permanent alimony. As to the trial court’s decision to award
permanent alimony, the parties’ thirty-nine year marriage was of such a duration that
the former wife was entitled to an initial rebuttable presumption favoring permanent
alimony. See § 61.08, Fla....
...(2015) (a long-term marriage entitled to the
rebuttable presumption is defined as a marriage having a duration of seventeen years
or longer). The trial court’s order determined that the former wife had a need for
$2,500 per month in alimony and carefully considered all of the factors in section
61.08(2)(a)-(i), Florida Statutes (2015)....
...ordering him to maintain a $100,000 life insurance policy to secure the alimony
award. The trial court had the authority to require the former husband to maintain a
life insurance policy with the former wife as beneficiary in order to secure the
alimony payment. See § 61.08(3), Fla....
CopyPublished | Florida 4th District Court of Appeal
...payment and car insurance.
Although the trial court generally concluded Former Wife’s “needs were not
being met,” it made no specific factual findings regarding Former Wife’s
current expenses or needs and made no reference to the factors in section
61.08, Florida Statutes (2018)....
...4th DCA 2012) (citation and internal
quotation marks omitted). “Once a party moving for alimony modification
provides substantial, permanent, and unanticipated change in
circumstances, ‘a trial court must consider and make specific factual
findings for each of [the] factors [within section
61.08(2)].’” Suarez v.
Suarez,
284 So. 3d 1083, 1087 (Fla. 4th DCA 2019) (alteration in original)
(quoting Addie v. Coale,
179 So. 3d 534, 536 (Fla. 4th DCA 2015)); see also
Donoff v. Donoff,
940 So. 2d 1221, 1223 (Fla. 4th DCA 2006) (holding that
“all applicable section
61.08(2) factors must be considered in modification
proceedings under section
61.14”). Notably, section
61.08(2) requires,
among other things, that a court consider “[t]he financial resources of each
party” and “[a]ll sources of income available to either party, including
income available to either party through investments of any asset held by
that party.” §
61.08(2)(d), (i), Fla....
...met his burden with regard to a substantial change in circumstances”).
To the extent the trial court did conclude Former Husband met his burden,
the trial court was then required to make specific factual findings
regarding the relevant factors in section 61.08(2), Florida Statutes (2018).
The findings in the Final Judgment, however, are sparse and conclusory
at best, especially regarding Former Wife’s needs and sources of income.
Aside from referencing Former Wife’s monthly income and gen...
...meaningfully review the Final Judgment and constitutes reversible error.
See Winder v. Winder,
152 So. 3d 836, 841 (Fla. 1st DCA 2014) (the lack
of sufficient factual findings regarding the former wife’s financial resources
and current living expenses as required by section
61.08 precluded
meaningful review of the alimony award); Matajek v. Skowronska,
927 So.
2d 981, 987 (Fla. 5th DCA 2006) (the trial court’s failure to consider the
factors in section
61.08 “frustrates meaningful review of the trial court’s
award of alimony and constitutes reversible error”); Beck v....
CopyPublished | Florida 4th District Court of Appeal | 2005 WL 1026174
...I believe she misunderstands the purpose behind the factor relating to standard of living. In fact I believe the cases have given this factor an importance far beyond its intended role. The factors that the court is required to consider in fixing an amount of permanent alimony are specified by statute. § 61.08(2), Fla....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19267
...In granting an award of permanent alimony the trial court should consider all relevant economic factors, including the standard of living established during the marriage and the financial resources of each party, to insure “equity and justice between the parties.” § 61.08, Florida Statutes (1981)....
CopyPublished | Florida 2nd District Court of Appeal
...Husband) actually earns. Recognizing this disparity and the Former Wife's employment
circumstances, the trial court awarded her bridge-the-gap alimony and durational
alimony. One could argue that a more comprehensive alimony award might have been
appropriate under section 61.08, Florida Statutes (2018), but we cannot say the trial
court abused its discretion in fashioning the Former Wife's overall alimony award in the
way that it did....
CopyPublished | Florida 2nd District Court of Appeal
...consider all sources of a party's income in determining the ability to pay alimony).
Therefore, we reverse the alimony award and remand for the trial court to provide
-2-
specific factual findings to support the award as required by section 61.08(2), Florida
Statutes (2016), and, if necessary, revisit the amount of the award in light of the
findings.
Child Support
The former husband argues that the child support award was incorrectly
calculated because the $...
...ied a
portion of his temporary support as alimony and provided that it be deductible on his tax
return. He also contends that the trial court did not indicate whether the permanent
alimony award would be deductible or nondeductible as required by section 61.08(2)(h),
-5-
which provides that the court shall consider "[t]he tax treatment and consequences to
both parties of any alimony award, including the designation of all or a portion of the
payment as a nontaxable, nondeductible payment." See Tarkow v....
CopyPublished | Florida 4th District Court of Appeal | 2017 WL 2350140, 2017 Fla. App. LEXIS 7828
...of was because “[Former] Husband did not provide in discovery the invoices or all of the bank statements necessary to determine the actual earnings of his charter boat business.” We hold that the court’s ability to pay determination was error. Section 61.08, Florida’s alimony statute, provides that when determining the proper type and amount of alimony, the court must consider “[a]ll sources of income available to either party.” § 61.08(2)(i), Fla....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 15747
bar since the only misconduct mentioned under Section
61.08(1), Florida Statutes (1975),1 which gives the
CopyPublished | Florida 4th District Court of Appeal
...ial of retroactive
alimony. We reverse as to the alimony award, as based upon the trial
court’s findings regarding this fifty-year marriage, the former wife had the
need for additional alimony, which the husband had the ability to pay,
pursuant to section 61.08(8), Florida Statutes (2023). We affirm as to the
denials of attorney’s fees and retroactive alimony, as both are within the
trial court’s broad discretion. We thus reverse and remand for the trial
court to award alimony to the extent allowable under section 61.08(8)....
...The
former wife’s reasonable needs amounted to $2,477 per month, the former
wife having moved into less expensive living quarters. The former husband
had a monthly surplus of $949 over his expenses. After reviewing the
factors to determine alimony, the court found that pursuant to section
61.08’s recent legislative amendments, the former wife was entitled to
durational alimony for thirty-seven years. The court awarded durational
alimony in the monthly amount of $500 after the calculations necessary
pursuant to section 61.08:
In accordance with Fla. Stat. 61.08(c), the Court applied the
formula which is set forth therein; the amount of alimony is
the amount determined to be the obligee’s reasonable need, or
an amount not to exceed 35 percent of the difference between
the parties’ net incomes, whichever is less....
...n the face of the
judgment, was an abuse of discretion because the court failed to award
alimony commensurate with her need and former husband’s ability to pay
alimony. We agree that the court should have awarded additional alimony
consistent with section 61.08.
Section 61.08(8), Florida Statutes, amended in 2023, establishes a
formula to determine durational alimony as recognized by the trial court.
The statute provides:
1 The Final Judgment included, in a footnote: “The difference between the
Husband’...
...een the parties’ net incomes,
whichever amount is less. Net income shall be calculated in
conformity with s.
61.30(2) and (3), excluding spousal support
paid pursuant to a court order in the action between the
parties.
§
61.08(8)(c), Fla. Stat. (2023) (emphasis added).
Even with the 2023 changes to section
61.08, any award is primarily
governed by need and ability to pay. Section
61.08(2)(a) provides: “In
determining whether to award support, maintenance, or alimony, the
court shall first make a specific, factual determination as to whether the
party seeking support, maintenance, or alimony has an actual need for it
and whether the other party has the ability to pay support, maintenance,
or alimony.” §
61.08(2)(a), Fla....
...The court found that the former
wife had been totally blind since age twenty and had been totally
dependent upon the former husband throughout the marriage.
Only awarding the former wife $500 per month in durational alimony
shortchanges the wife, when section 61.08 authorizes the payment of
$909, which would still not cover her reasonable expenses....
...4th DCA 2012).
Conclusion
Upon dissolution of this fifty-year marriage where the former wife was
totally blind and completely dependent upon the former husband, the
court abused its discretion in awarding the former wife durational alimony
less than the amount allowed pursuant section 61.08(8), Florida Statutes
(2023)....
CopyPublished | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 8087, 2014 WL 2197716
...The court should also consider whether the for *899 mer wife is still required to pay homeowners’ association fees. Suit,
48 So.3d at 197 . In considering an alimony award, a court must consider “all sources of income available to either party.” §
61.08(2)(i), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2016 WL 3030831, 2016 Fla. App. LEXIS 8054
...and that such jobs were available in central Florida.
2
DCA 2012)). The Legislature has authorized its use following a marriage of long duration
“if there is no ongoing need for support on a permanent basis.” 2 § 61.08(7), Fla....
...final judgment in accordance with this opinion.
LAWSON, C.J. and COHEN, J., concur.
2By contrast, the purpose of durational alimony following a marriage of short or
moderate duration is to “provide a party with economic assistance for a set period of time.”
§ 61.08(7), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 7313, 2010 WL 2077163
...ness income," which in turn "means gross receipts minus ordinary and necessary expenses required to produce income." §
61.30(2)(a)3., Fla. Stat. (2008). We are not persuaded section
61.30 should be applied in this case where the relevant statute is section
61.08 governing alimony awards, and that statute speaks only in terms of "financial resources" and "all sources of income." See §
61.08(2)(d), (g), Fla....
CopyPublished | Florida 1st District Court of Appeal
...ly broken, that no
minor children were involved, and that the former wife “has a
demonstrated need and the Husband has considerably more
assets and income for support.” The General Magistrate then
listed each of the statutory factors required by section 61.08(2)(a)-
(j), Florida Statutes, and made findings under each factor.
Following the discussion in the Report pertaining to alimony, the
General Magistrate addressed at length the equitable
distribution of the parties’ marital assets, the...
...Accordingly, the durational alimony portion of
the final judgment must be reversed and remanded for specific
findings of the former wife’s need and the former husband’s
ability to pay alimony before consideration of the other statutory
factors. See § 61.08(2), Fla....
CopyPublished | Florida 1st District Court of Appeal
court on July 1, 2023, when the amendment to section
61.08, Florida Statutes (2023), eliminating permanent
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 3034, 1990 WL 54988
...That cost the wife $1,432,250 (over three times what she received under the entire plan). We agree that a trial judge may consider the adulterous behavior of a marriage partner when determining the amount of lump sum alimony as part of an equitable distribution plan. § 61.08, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14538
...Cade,
349 So.2d 833 (Fla. 1st DCA 1977). For present purposes, however, we need not address this question. We find the award deficient in other respects. *821 The ultimate goal of an award of alimony is to do equity and justice between the parties. Section
61.08, Florida Statutes (1977)....
..., and make such an award of periodic alimony, if any, as he shall in his discretion determine to be appropriate. Reversed and remanded. SCHEB, A. C. J., and OTT, J., concur. . The award of alimony in this case was made prior to the effective date of § 61.08, Fla....
CopyPublished | District Court of Appeal of Florida
less net income than the Wife, in violation of section
61.08(9), Florida Statutes (2017).
CopyPublished | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 1269, 1987 Fla. App. LEXIS 8263
be considered in calculating the award. See Section
61.08(2), Florida Statutes. We find the trial court
CopyPublished | Florida 2nd District Court of Appeal
...s.
As with any award of alimony, the "award of retroactive alimony must be
based on the receiving spouse's need for alimony and the paying spouse's ability to
pay." Alpert v. Alpert,
886 So. 2d 999, 1002 (Fla. 2d DCA 2004); see also §
61.08(2),
-3-
Fla....
...As is clear from these figures, the Wife will actually receive net income
significantly less than her demonstrated need of $5630 per month. And these figures
form the basis for her claim that the prospective durational alimony awarded is
inadequate.
Section 61.08(2)(h) specifically requires that "[i]n determining whether to
award alimony ....
CopyPublished | Florida 4th District Court of Appeal | 2016 WL 2897619, 2016 Fla. App. LEXIS 7647
...the
$8,067.39 that she had already received from the IRA. The trial court also
awarded attorney’s fees to Former Wife.
In awarding alimony, a trial court must “consider all relevant factors,
including, but not limited to” those listed in section 61.08. § 61.08(2), Fla.
Stat....
...Here, the Final Judgment did not include factual findings as
to each of the factors listed in the statute. See Gray v. Gray,
103 So. 3d
962, 966 (Fla. 1st DCA 2012) (“A final judgment is legally deficient where
it fails to include sufficient findings of fact to support the alimony award
in light of the section
61.08(2) factors.”)....
CopyPublished | Florida 4th District Court of Appeal
...“In determining whether to award alimony or maintenance, the court
shall first make a specific factual determination as to whether either party
has an actual need for alimony or maintenance and whether either party
has the ability to pay alimony or maintenance.” § 61.08(2), Fla. Stat.
(2019). Then, in determining the type and amount of alimony, “the court
shall consider all relevant factors,” including the ten factors enumerated
in section 61.08(2)(a)-(j)....
...may preclude meaningful appellate review and result in a case having to
be reversed and remanded.” Horowitz v. Horowitz,
273 So. 3d 263, 267
(Fla. 2d DCA 2019) (internal quotation marks and brackets omitted).
“Thus, even when the court makes findings regarding each of the section
61.08(2) factors, its failure to make findings to allow for meaningful review
of the amount of alimony awarded constitutes reversible error.” Id.
(internal quotation marks omitted)....
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 6584, 2002 WL 985340
...We reverse the portion of the order that awards the former wife $1200 monthly as permanent periodic alimony. The general master’s report contains no findings to support the alimony award. The court’s adoption of the report, without any findings, is error. § 61.08, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 7052, 2003 WL 21077046
...Former Husband believes these proceeds should not be considered income because he needs to keep the excess in reserve for future medical expenses. When determining alimony, a court must consider all relevant economic factors, the financial resources of each party, and all sources of income. § 61.08, Fla....
CopyPublished | Florida 5th District Court of Appeal | 1999 Fla. App. LEXIS 6329, 1999 WL 304551
...Shea,
572 So.2d 558 (Fla. 1st DCA 1990). Accordingly, the cause is REVERSED and REMANDED for further proceedings consistent with this opinion. BARFIELD, C.J., VAN NORTWICK AND PADOVANO, JJ., CONCUR. . While the lower court labeled the award as ‘'temporary alimony,” section
61.08(1), Florida Statutes (1997), provides that a court may award either "rehabilitative or permanent" alimony....
CopyPublished | Florida 4th District Court of Appeal
...4th
DCA 2006).
“In determining whether to award alimony or maintenance, the court
shall first make a specific factual determination as to whether either party
has an actual need for alimony or maintenance and whether either party
has the ability to pay alimony or maintenance.” §
61.08(2), Fla. Stat.
(2019). The court must “then examine all relevant economic factors,
including but not limited to the . . . factors identified in the statute . . . .”
Gray v. Gray,
103 So. 3d 962, 966 (Fla. 1st DCA 2012); see also §
61.08(2)(a)–(j), Fla....
...justification for such lump sum payment and (2) financial ability of the
other spouse to make such payment without substantially endangering
his or her economic status.” Id.
Here, the trial court acknowledged its required role in examining the
factors under section 61.08....
CopyPublished | Florida 5th District Court of Appeal
...Appellant, Timothy J. Manko, appeals an amended final judgment of dissolution of marriage that awarded Appellee, Laurie A. Manko, alimony and ordered Appellant to obtain life insurance naming Appellee as the beneficiary to protect the alimony award pursuant to section 61.08(3), Florida Statutes (2018)....
CopyPublished | Florida 5th District Court of Appeal
...Appellant, Timothy J. Manko, appeals an amended final judgment of dissolution of marriage that awarded Appellee, Laurie A. Manko, alimony and ordered Appellant to obtain life insurance naming Appellee as the beneficiary to protect the alimony award pursuant to section 61.08(3), Florida Statutes (2018)....
CopyPublished | Supreme Court of Florida
...once a month or ( ) other {explain}_________________________________________
beginning {date}_____________________and terminating on: {date}_____________________, the
death of either party; remarriage of the Obligee; or until modified by court order in accordance with
section 61.08(7), Florida Statutes; whichever occurs first.
e.____Lump Sum....
...in any event, at least once a month or ( ) {explain}_______________________________
beginning {date}____________ and terminating on {date}______________________, the
death of either party, remarriage of Obligee;,or until modified by court order in accordance
with section 61.08(7), Florida Statutes, whichever occurs first.
e._____Lump Sum....
CopyPublished | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 3965, 2009 WL 1159186
...the present financial positions of the parties. No finding was made as to the net income of the parties, the need of the wife and ability of the husband to pay, the standard of living of the parties during the marriage and other factors required by section 61.08(1), Florida Statutes (2007)....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 4532, 1995 WL 247837
...te upon the remarriage of the wife.” Otherwise, the record supports the result. We find no abuse of discretion in the trial court’s failure to order life insurance benefits to secure the former wife’s alimony and equitable distribution awards. § 61.08(3), Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 1142, 1987 Fla. App. LEXIS 7943
was granted to the court, not the parties, by section
61.08, Florida Statutes (1985). Caidin v. Caidin,
CopyPublished | Florida 1st District Court of Appeal | 1995 Fla. App. LEXIS 2305, 1995 WL 94394
...etirement benefits in the future, and reserves jurisdiction to award additional alimony in the event he receives no retirement benefits at all, again even in the event Julia Ann Busch has remarried. The evidence and the trial court’s findings, see section 61.08(1), Florida Statutes (1993) (“the court shall include findings of fact ......
CopyPublished | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 3315, 2007 WL 675179
PER CURIAM. Appellant was held in contempt for failure to pay alimony and appeals, arguing that Florida’s alimony statute, section 61.08, violates the right to privacy provided in Article I, section 23 of the Florida Constitution, and the separation of powers provision contained in Article II, section 3 of the Florida Constitution....
...Appellant’s marriage was dissolved in 1972, and he was ordered to pay twenty-five dollars a week in alimony. He was found to be in arrears in 1986 and 1991 and appeals a recent order finding him in contempt. Any arguments appellant has as to the constitutionality of section 61.08, under which he was required to pay alimony, were waived when he failed to raise these issues in the original dissolution proceeding....
...Women’s Health Ctr., 714 So .2d 580 (Fla. 5th DCA 1998) (same). Appellant points out that the right to privacy provided in Article I, section 23, had not been in our constitution until the amendment of it, several years after the dissolution of his marriage. Even if section 61.08 violated the right to privacy, it would not relieve appellant of liability for his alimony arrearages, because they have become vested....
CopyPublished | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 2687, 2010 WL 743934
...financial circumstances when the petition for modification was filed." Carls v. Carls,
890 So.2d 1135, 1138 (Fla. 2d DCA 2004). This consideration must include "[a]ll sources of income available to either party," including the former wife's income. §
61.08(2)(g)....
CopyPublished | Florida 4th District Court of Appeal
...ich granted
permanent alimony to appellee Carlene Edman (“Wife”) and retained
jurisdiction for the trial court to address Husband’s pension. On appeal,
Husband claims: (1) the trial court’s permanent alimony award was
contrary to law because section 61.08, Florida Statutes (2023), ended
permanent alimony awards; (2) the trial court failed to make specific
factual findings pursuant to section 61.08 as to Wife’s need and Husband’s
ability to pay alimony; and (3) the trial court improperly awarded division
of Husband’s retirement pension with permanent alimony....
...to confirm details of a trial months later).
Absent a trial transcript or other record, our review is limited to those
errors that may appear on the face of the final judgment. Burke,
864 So.
2d at 1284–85. A final judgment lacking factual findings pursuant to
section
61.08 is an error which we can address without a transcript.
Badgley v. Sanchez,
165 So. 3d 742, 744–45 (Fla. 4th DCA 2015) (reversing
alimony award because, even in the absence of a transcript, the trial court
3
erred in failing to make the findings required in section
61.08); Ondrejack,
839 So. 2d at 870 (holding the failure to consider all of the mandated
factors of section
61.08 reversible error); Jocelyn v. Jocelyn,
392 So. 3d
169, 170 (Fla. 5th DCA 2024) (reversing final judgment for failure to make
required findings to support alimony award despite a lack of transcript
because errors were apparent from face of the judgment).
Section
61.08, Florida Statutes (2023), authorizes the award of
alimony, with subsection (3) setting forth factors that the court “shall
consider” in determining the amount and type. §
61.08(3), Fla. Stat.
(2023). The trial court “shall make written findings of fact” regarding the
basis for awarding a form of alimony. §
61.08(1)(b), Fla....
...In
determining whether to award alimony, the trial court “shall first make a
specific, factual determination as to whether the party seeking support,
maintenance, or alimony has an actual need for it and whether the other
party has the ability to pay support, maintenance, or alimony.” §
61.08(2)(a), Fla....
...4th DCA 2013) (“An award of alimony must be predicated on evidence
that the requesting spouse has a need for the alimony and that the other
spouse has the ability to pay.”).
After finding a need for alimony and an ability to pay, the court shall
consider all of the mandated factors in section 61.08(3) to evaluate and
determine the proper form of alimony. See § 61.08(3)(a)–(h), Fla. Stat.
(2023). Previously, section 61.08 authorized a trial court to award
permanent alimony. See § 61.08(1), Fla. Stat. (2022). However, in 2023,
the legislature significantly amended section 61.08 and eliminated
permanent alimony as a permissible award. See Ch. 2023-315, § 1, Laws
of Fla. The amended statute applies to “all initial petitions for dissolution
of marriage or support unconnected with dissolution of marriage pending
or filed on or after July 1, 2023.” § 61.08(11), Fla. Stat. (2023) (emphasis
added).
Husband’s petition remained pending after July 1, 2023, so the
November 2023 dissolution proceeding was governed by the amended
section 61.08(1)(a) eliminating permanent alimony. See § 61.08(11), Fla.
Stat....
...Accordingly, we find that the trial court erred in awarding
Wife permanent alimony because it was not an authorized remedy under
Florida law. The trial court was only authorized to award alimony “in the
form or forms of temporary, bridge-the-gap, rehabilitative, or durational
alimony, as is equitable.” § 61.08(1)(a), Fla. Stat. (2023).
The face of the final judgment also shows the trial court erred in failing
to make the findings required by section 61.08 to grant an alimony award.
4
The trial court made no findings regarding Wife’s “need” for alimony and
Husband’s “ability” to pay. See § 61.08(2)(a), Fla....
...4th DCA 2023) (reversing final judgment
because trial court must make factual determination about one party’s
need for alimony and the other’s ability to pay based on parties’ net
incomes). Further, while some of the final judgment’s findings correlate to
factors in section 61.08(3)—i.e., Wife’s age, Wife’s lack of employment
because of her role in caring for their children, the duration of the
marriage, and Husband’s role as sole provider—discussion of other factors
listed in section 61.08 are entirely omitted. See § 61.08(3)(a)–(h), Fla....
...for the trial court to conduct
a new evidentiary hearing and prepare an order with the necessary factual
findings after consideration of these factors. See Badgley,
165 So. 3d at
744–45 (reversing and remanding for required factual findings under
section
61.08); Rowe-Lewis v. Lewis,
267 So. 3d 1039, 1042 (Fla. 4th DCA
2019) (reversing and remanding for evidentiary hearing and entry of final
judgment that includes findings of fact and consideration of each section
61.08 factor for determining alimony); see also Hines v....
...Affirmed in part, reversed in part and remanded with instructions.
FORST, JJ., concurs.
WARNER, J., concurs specially with opinion.
WARNER, J., concurring specially.
While I concur in the majority opinion, I would make these comments
as to section 61.08(8), Florida Statutes (2023)....
...has attained the age of majority, who is common to the
parties. Any extension terminates upon the child no longer
requiring caregiving by the obligee, or upon death of the child,
unless one of the other factors in this paragraph apply.
§ 61.08(8)(b), Fla....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 163, 2015 Fla. LEXIS 583, 2015 WL 1343088
...____________________________________
beginning {date}_____________________and terminating on {date}______________________,
the death of either party, remarriage of the Obligee, or until modified by court order in
accordance with section 61.08(7), Florida Statutes, whichever occurs first.
e._____Lump Sum....
...ain}_____________________________
beginning {date}____________ and terminating on {date}______________________, the
death of either party, remarriage of Obligee, or until modified by court order in accordance
with section 61.08(7), Florida Statutes, whichever occurs first.
e._____ Lump Sum....
...This alimony shall continue until further modified
by court order, the death of either party, or remarriage of Obligee, whichever occurs first
b. _____ Durational. The durational alimony is _____ modified _____terminated based upon a
substantial change in circumstances in accordance with section 61.08(7), Florida Statutes....
...Judgment Modifying Alimony
(03/15)
- 838 -
State Disbursement Unit or the central depository at this time; however, either party may
subsequently apply to the depository pursuant to section 61.08, Florida Statutes, to require
payments through either the State Disbursement Unit or the central depository.
2....
...plain}______________________________ _ beginning
{date}_______________________ and terminating on {date}_________________________, the
death of either party, remarriage of Obligee or until modified by court order in accordance with
section 61.08(7),Florida Statutes; whichever occurs first.
e._____ Lump Sum....
..._____ Both parties have requested and the court finds that it is in the best interests of the
child(ren) that support payments need not be directed through either the State
Disbursement Unit or the central depository at this time; however, either party may
subsequently apply, pursuant to section
61.08 or
61.13, Florida Statutes, to require
payments through either the State Disbursement Unit or the central depository.
2....
...____ other {explain}______________________
beginning {date}________________and terminating on {date }________________________,
remarriage of the Obligee, death of either party, or until modified by court order in accordance
with section 61.08(7), Florida Statutes; whichever occurs first.
e....
CopyPublished | Florida 5th District Court of Appeal
...court erred by failing to make necessary findings of fact regarding
Wife’s need and Husband’s ability to pay. Because the trial court
made no findings regarding Wife’s expenses, we reverse the
alimony award and remand for appropriate findings.
Section 61.08(2), Florida Statutes (2022), requires that, when
determining whether to award alimony, courts “make a specific
factual determination as to whether either party has an actual
need for alimony ....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 7134
...the allowance of alimony pendente lite.” Here the husband was equally able financially to pay such fees, and we feel that in the circumstances of this case he should have been required to do so. See Ames v. Ames, Fla.App.1963,
153 So.2d 737 , and §
61.08 Fla.Stat., F.S.A....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 7122
...Accordingly, that part of the judgment which provided for payment of alimony by the defendant husband to the plaintiff wife is reversed. . This divorce action was filed and decided in the trial court prior to the effective date of the no fault divorce law, Chapter 71-241. Applicable in this case is the provision of § 61.08 Fla.Stat., F.S.A., that “no alimony shall be granted to an adulterous wife.” ....
CopyPublished | Florida 2nd District Court of Appeal | 1998 Fla. App. LEXIS 2833, 1998 WL 267896
...We affirm in part and reverse in part. We agree with the Wife that the trial court erred in limiting the second hearing, because it was required to make specific findings regarding the marital liabilities. See Ritter v. Ritter,
690 So.2d 1372 (Fla. 2d DCA *143 1997). Section
61.08, Florida Statutes (1998), provides that in determining a proper award of alimony, the trial court must consider “the financial resources of each party, the non-marital and the marital assets and liabilities distributed to each.” In...
...The Wife contends that a substantial amount of the Husband’s liabilities were acquired after the petition for dissolution was filed. In determining a proper award of alimony, the trial court was required to consider the marital and nonmari-tal debts of both parties. See § 61.08. We reverse the amended the final judgment and remand the case for the trial court to make specific findings regarding the marital and nonmarital debts of the parties in accordance with section 61.08....
CopyPublished | Florida 4th District Court of Appeal
...2d 171,
176 (Fla. 2008) (quoting Daniels v. Fla. Dep’t of Health,
898 So. 2d 61, 64
(Fla. 2005)).
“The length of a marriage is the period of time from the date of marriage
until the date of filing of an action for dissolution of marriage.” §
61.08(4),
Fla....
...The husband and the wife were married from February
4, 2007, until the filing of the divorce on February 1, 2019. As the trial
court acknowledged in the final judgment, the marriage’s duration was
“three (3) days shy of twelve years.” Yet, the trial court awarded durational
alimony for a full twelve years.
Section 61.08(7), Florida Statues (2019), provides that “the length of an
award of durational alimony may not be modified except under exceptional
circumstances and may not exceed the length of the marriage.” Id.
(emphasis added).
Our sister court in Diaz v....
CopyPublished | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 2670, 2011 WL 710145
...and liabilities, the court shall consider whether a judgment of alimony shall be made."). This is so that the court may consider these items when determining the financial resources available to each for the purposes of making an alimony award. See § 61.08(2)(d), Fla....
...The order is, in fact, devoid of any findings that would advise either of the parties or this court as to "the trial court's rationale for [its] distribution of marital assets and allocation of liabilities." §
61.075(3)(d), Fla. Stat. 2009. The March 2009 alimony award suffers from a similar infirmity. Section
61.08 provides that alimony awards must be supported by findings of fact relative to standard of living; age, physical and emotional condition of each party; financial resources; contributions to the marriage, and "all" sources of income: (1) ......
...le such party to find appropriate employment. (f) The contribution of each party to the marriage ... (g) All sources of income available to either party. The court may consider any other factor necessary to do equity and justice between the parties. § 61.08(1), (2)(a)-(g), Fla....
...Baptiste,
992 So.2d 374, 375 (Fla. 3d DCA 2008), failure to identify the factual basis for this and the distribution awards mandates reversal: The trial court was required to consider evidence and to make findings of fact in order to support the lump sum alimony award. §
61.08(1), Fla. Stat. (2008); Geoghegan v. Geoghegan,
969 So.2d 482 (Fla. 5th DCA 2007); Esaw v. Esaw,
965 So.2d 1261 (Fla. 2d DCA 2007); Fulmer v. Fulmer,
961 So.2d 1081 (Fla. 1st DCA 2007). Section
61.08(1) specifies that "[i]n all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony." (Emphasis provided)....
...rital assets and debts constitutes reversible error and requires remand for appropriate findings to be made.'" (quoting Wolfe v. Nazaire,
758 So.2d 730, 733 (Fla. 4th DCA 2000))); Ondrejack v. Ondrejack, *167
839 So.2d 867, 870 (Fla. 4th DCA 2003) ("Section
61.08(1), Florida Statutes (2002) mandates that the court include findings of fact relative to the factors enumerated in subsection 2."); Segall v....
CopyPublished | Florida 3rd District Court of Appeal
...retroactively awarding the Former Husband reimbursement of his alimony
overpayment (“Stivelman I”). In Stivelman I, we reversed both the
modification order and the retroactivity order because neither order
contained the required statutory findings under section 61.08(2), Florida
Statutes....
CopyPublished | District Court of Appeal of Florida
judgment then discussed the factors laid out in section
61.08(2)(a)-(j), Florida Statutes, regarding alimony
CopyPublished | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 3333, 2010 WL 934067
...Florida case law supports the imputation of income to liquid assets. McLean v. McLean,
652 So.2d 1178, 1181 (Fla. 2d DCA 1995). "When a party receives an asset in equitable distribution that will result in immediate investment income, we see no reason for that income to be excluded from consideration under section
61.08(2)(g)." Id....
CopyPublished | Florida 5th District Court of Appeal
to meet those needs "following a dissolution." §
61.08(8), Fla. Stat. (2018). Durational alimony, on the
CopyPublished | Florida 5th District Court of Appeal
to meet those needs "following a dissolution." §
61.08(8), Fla. Stat. (2018). Durational alimony, on the
CopyPublished | Florida 1st District Court of Appeal | 2012 Fla. App. LEXIS 4132, 2012 WL 832798
...ridge-the-gap alimony in the amount of $1,100.00 per month for a period of 18 months, and denying her request for per *190 manent periodic alimony. In pertinent part, she contends that the trial court abused its discretion in applying the factors in section 61.08(2), Florida Statutes (2010), which are to be considered in resolving alimony issues. Given the evidence that the trial court miscalculated both parties’ monthly net incomes, and our inability to determine whether the court considered all relevant factors in section 61.08(2) before denying permanent periodic alimony, we reverse the trial court’s determination of income and remand for income recalculations and findings of fact....
...r military retirement in their income calculations. The result was that the court included military retirement twice in calculating net income. Specifically, in properly considering “[a]ll sources of income available to either party” pursuant to section 61.08(2)(i), the trial court made findings concerning the former wife’s net income per month, but then the court added her military retirement in the amount of $1,124.00 a month....
...In deciding whether to award alimony or maintenance, the trial court “shall first make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance.” § 61.08(2), Fla....
...We direct the court on remand to recalculate the parties’ respective net monthly incomes. See Soto v. Soto,
974 So.2d 403 (Fla. 2d DCA 2007) (reversing trial court’s determination as to former husband’s income available for alimony and child support and remanding for recalculations). On the issue of alimony, section
61.08(2)(f) requires the trial court to consider, inter alia, “[t]he contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party....
...der the former wife’s request for permanent periodic alimony to meet her long-term financial needs. We REVERSE the trial court’s determination of the parties’ incomes and REMAND for recalculation of incomes and for findings of fact relating to section 61.08(2)(f)....
CopyPublished | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 2626, 2000 WL 266338
...The appellant challenges an order by which the parties’ marriage was dissolved, child custody and support were established, and marital property was distributed with an award of alimony to the appellee. The alimony award was not accompanied by the findings specified in section 61.08(1), Florida Statutes, and the order is deficient in this regard....
CopyPublished | Florida 5th District Court of Appeal
...arriages.
“In a proceeding for dissolution of marriage, the court may grant alimony to either
party, which alimony may be bridge-the-gap, rehabilitative, durational, or permanent in
nature or any combination of these forms of alimony.” §
61.08(1), Fla. Stat. (2016).
“There is a rebuttable presumption that permanent periodic alimony is appropriate after a
long-term marriage.” Motie v. Motie,
132 So. 3d 1210, 1213 (Fla. 5th DCA 2014).
“Subsection
61.08(4) establishes a ‘rebuttable presumption’ that a marriage having a
duration of seventeen years or greater is a long-term marriage.” Taylor v. Taylor,
177 So.
3d 1000, 1003 (Fla. 2d DCA 2015).
It is undisputed that the parties had a long-term marriage. The trial court reviewed
all ten factors identified in section
61.08(2) and found permanent alimony was
appropriate, and that “no other form of alimony is fair and reasonable under the
circumstances of the parties . . . .” See §
61.08(8), Fla....
...“The purpose of durational alimony
is to provide a party with economic assistance for a set period of time following . . . a
marriage of long duration if there is no ongoing need for support on a permanent basis,”
and it “may be awarded when permanent periodic alimony is inappropriate.” § 61.08(7),
Fla. Stat. (2016). According to the statutory language in section 61.08(7), a court cannot
award durational alimony if permanent alimony is appropriate; however, section 61.08(1)
and case law allow the trial courts to award both if justified....
...determination of Former Husband’s ability to pay alimony solely on his most recent
financial affidavit, when his income had been much higher in the recent past. Courts are
required to consider all sources of a party’s income when determining alimony. §
61.08(2)(i), Fla....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15676
...age of Wife or her death. Latta v. Latta,
135 So.2d 443 (Fla.3d DCA 1961); Horne v. Horne,
289 So.2d 39 (Fla.2d DCA 1974). The trial court in its judgment referred to the alimony as “periodic” and did not use the term “rehabilitative”. Under section
61.08 Florida Statutes (1977), the court was empowered to award alimony which “may be [either] rehabilitative or permanent in nature”. Nowhere in that chapter is the term “periodic” alimony used although “periodic" payments are authorized by section
61.08....
...rehabilitative” because it did not intend it solely as such; rather, the court intended it to be a part of an over all plan to equitably adjust the property rights and to enable the parties to have reasonably comparable standards of living. Under section 61.08(2), the court is authorized to consider any factor necessary to do equity and justice between the parties....
CopyPublished | Florida 4th District Court of Appeal
...2d 620, 623 (Fla. 4th
DCA 2005).
5
“Courts may require that . . . alimony awards be secured by life
insurance on the life of the obligor.” Alpha v. Alpha,
885 So. 2d 1023,
1033 (Fla. 5th DCA 2004); see also §
61.08 (3), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 3268, 2011 WL 830550
...ar period. We note, parenthetically, that Wife does not argue that Husband agreed to this plan and the varying amounts of the payments. Moreover, there are no findings in the Final Judgment relating to the rehabilitative alimony award as required by section 61.08, Florida Statutes (2007)....
...We reverse that part of the Final Judgment regarding the amounts of rehabilitative alimony payments and the time period for those payments and remand this case to the trial court to conduct an evidentiary hearing so that a rehabilitative *316 alimony plan can be established and to make the necessary findings required by section 61.08, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 2284, 1998 WL 113562
...at Judge Korda failed to carry out the statutory duties imposed on trial judges in dissolution cases. Section
61.075(1), Florida Statutes requires the trial court to distribute non-marital assets and liabilities and marital assets and liabilities. 1 Section
61.08(1), Florida Statutes requires the court to award or deny alimony with findings of fact....
...s motion for rehearing, which he denied. We therefore reverse and remand for the court to equitably distribute the marital assets and liabilities as is required by section
61.075(1), to award or deny alimony with findings of fact as is required by section
61.08(1), Florida Statutes, and to rule on the other claims advanced by appellant, including attorney’s fees....
CopyPublished | Florida 6th District Court of Appeal
...s, among other
things, that the trial court erred in calculating her need for alimony as well as her
Former Husband’s ability to pay. As this argument has merit, we reverse the denial
of alimony but affirm as to all other grounds raised.
Section 61.08(2), Florida Statutes (2020), sets forth a two-step process for
determining whether to award alimony in a divorce. In the first step, the court must
“make a specific factual determination as to whether either party has an actual need
for alimony or maintenance and whether either party has the ability to pay alimony
or maintenance.” § 61.08, Fla....
...the trial court to proceed to the second step. In the second step, the trial court is
tasked with “determining the proper type and amount of alimony or maintenance”
which requires consideration of “all relevant factors” including, but not limited to,
those set forth in section 61.08(2)(a)–(j), Florida Statutes....
...[t]he financial resources of each party,
including the nonmarital and the marital assets and liabilities distributed to each,”
and “[t]he earning capacities, educational levels, vocational skills, and employability
of the parties . . . .” § 61.08(2)(c), (d), (e), Fla....
...n conflated the separate
steps of the analysis.
The first step, which requires the trial court to determine the Former Wife’s
need for alimony, is not the proper place for the trial court to consider the second-
step factors set forth in section 61.08(2)(c), (d), and (e)....
...through the business.” Accordingly,
his $2,980.58 in monthly income, from which he pays no expenses, is surplus
income from which he has an ability to pay alimony.
In light of these errors made in the first step of the scheme set forth in section
61.08(2), Florida Statutes, we reverse the denial of alimony and remand to the trial
court for reconsideration consistent with this opinion....
CopyPublished | Florida 4th District Court of Appeal
...Lump
sum alimony was one of the issues discussed.
The final judgment contained specific findings that the former husband had
a need and the former wife had the ability to pay durational alimony. The
judgment reflects the trial court considered and made specific findings on each
statutory factor set forth in section 61.08(2), Florida Statutes (2017).
The trial court found the party’s eight-year marriage was on the low end of a
moderate term marriage and that they lived modestly....
...d by competent
substantial evidence and was not an abuse of discretion. See Horowitz v.
Horowitz,
273 So. 3d 263, 267 (Fla. 2d DCA 2019) (finding “even when the court
4
makes findings regarding each of the section
61.08(2) factors, its failure to make
findings ‘to allow for meaningful review of the amount of alimony awarded’
constitutes reversible error”) (citations omitted); see also Harkness v....
...whether the parties’
incomes and expenses are properly calculated or whether the awards based on
those calculations are correct”); Beasley v. Beasley,
717 So. 2d 208, 209 (Fla.
5th DCA 1998) (requiring reversal where although some findings under section
61.08(2) were made, they did not explain how the trial court arrived at amount
of alimony).
I concur with the majority that the court did not abuse its discretion in failing
to award permanent alimony. Section
61.08(8) provides for an award of
permanent alimony as follows:
Permanent alimony may be awarded to provide for the needs and
necessities of life as they were established during the marriage of
the parties for a party who l...
CopyPublished | Florida 2nd District Court of Appeal | 2017 WL 2492766
...The
former husband challenges the equitable distribution scheme, the alimony award, and
the award of attorney fees to the former wife. The former wife contests the alimony
award, arguing that the trial court should have considered the tax implications of the
award on the parties in making its determination pursuant to section 61.08(2)(h), Florida
Statutes (2012)....
...The circuit court denied the former wife's exceptions to this order and adopted the
magistrate's recommended order in full.
This court reviews an alimony award for an abuse of discretion. Crick v.
Crick,
78 So. 3d 696, 698 (Fla. 2d DCA 2012). Section
61.08(2)(h) requires that the trial
court consider "[t]he tax treatment and consequences to both parties of an alimony
award." This court has consistently held that "[i]t is error for the trial court to fail to
consider tax implications of an alimony award when such evidence is presented."
Tarkow v....
CopyPublished | District Court of Appeal of Florida
favor of permanent periodic alimony); see also §
61.08(4), Fla. Stat. (2015) (defining a long-term marriage
CopyPublished | Florida 1st District Court of Appeal
...r. We
reverse because the trial court erred in two respects: (1) imputing
non-existent housing expenses to Former Wife; and (2) finding
Former Husband voluntarily under-employed and imputing
income to him without the required evidentiary basis. See
§ 61.08(2), Fla....
...the trial court
abused its discretion by finding that the former wife continued to
have a need for any alimony and that he had any ability to pay.
“In determining the extent of modification, the trial court should
consider those factors listed in section 61.08, Florida Statutes, to
the extent that they are relevant in a modification proceeding.”
Albu, 150 So....
...der on
appeal demonstrate the trial court’s proper consideration of the
statutory factors to support the determination “that a party has a
need for alimony or maintenance and that the other party has the
ability to pay alimony or maintenance.” § 61.08(2), Fla. Stat.
Under section 61.08(2)(b), the court found the duration of the
marriage was almost 25 years. As set out in subsections
61.08(2)(c), (2)(d), (2)(e), and (2)(i), the court considered the
former wife’s current need in light of her age (62), physical
condition (“totally disabled”), financial resources and sources of
income (Social Security Disability benefits and h...
CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 7962
...defendant, was not accepted by the trial court does not necessarily render such ruling erroneous. The trial court appears to have taken into consideration all the evidence that was necessary for him to do equity and justice between the parties. F.S. § 61.08(2), F.S.A....
CopyPublished | Florida 4th District Court of Appeal
...Any number of circumstances could change in the
twelve to eighteen months it might take to process Wife’s application and
deport her. 1
B. The Award of Durational Alimony
The trial court also fundamentally erred when it awarded three years of
durational alimony to Wife. Section 61.08(7), Florida Statutes (2017),
states that an award of durational alimony “may not exceed the length of
the marriage,” which is “the period of time from the date of marriage to the
date of filing of an action for dissolution of marriage.” § 61.08(4), Fla....
...of alimony to no more than twenty-six months. However, on remand, the
trial court may reconfigure the alimony award. “[A]limony may be bridge-
the-gap, rehabilitative, durational, or permanent in nature or any
combination of these forms of alimony.” § 61.08(1), Fla....
CopyPublished | Florida 4th District Court of Appeal | 1984 Fla. App. LEXIS 13503
...There is no error in the trial court’s modification of alimony from rehabilitative to lump sum, particularly in view of the compelling circumstance of this case. Drainville v. Drainville,
427 So.2d 1095 (Fla. 1st DCA 1983); Wolfe v. Wolfe,
424 So.2d 32, 35 (Fla. 4th DCA 1982); Lee v. Lee,
309 So.2d 26 (Fla.2d DCA 1975); Section
61.08(1), Florida Statutes (1977)....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 9206, 2004 WL 1462103
...iodic alimony and child support. We agree. The trial court awarded Former Wife permanent periodic alimony in the amount of $2,800 per month. However, the Final Judgment does not reflect that the trial court considered the relevant factors set out in section 61.08, Florida Statutes (2002), when making this determination....
CopyPublished | Florida 2nd District Court of Appeal
...Therefore, we reverse the award of alimony and remand for the trial court to reconsider
the award taking into account the former husband's living expenses as well as his
current income. Any award of alimony shall be supported by specific findings as
required by section 61.08, Florida Statutes (2018).
Equitable Distribution
The former husband challenges the award of equitable distribution,
arguing that the trial court erroneously included money the parties had already spent
without a finding of misconduct....
...ider
the award without including the $10,000 spent on the rafting trip.
Life Insurance
The former husband argues the trial court erred in requiring that he
maintain a policy of life insurance. Section 61.08(3), Florida Statutes (2015), authorizes
a trial court to require a party to purchase or maintain a life insurance policy to secure
an alimony obligation....
CopyPublished | Florida 2nd District Court of Appeal
...They have one daughter who
was a minor at the time of trial but who has since reached the age of majority. The
Former Wife filed the petition for dissolution of marriage on October 10, 2012. Their
marriage of over fourteen years is of moderate duration. See § 61.08(4), Fla....
...him for seven years of $5000 per month and the trial court's denial of his request for
attorney's fees. Both of these issues will need to be reconsidered on remand in light of
our reversing the equitable distribution.
The parties had a moderate-term marriage. See § 61.08(4) (establishing
a "rebuttable presumption that ....
...a moderate-term marriage is a marriage having a
duration of greater than 7 years but less than 17 years"). Durational alimony "provide[s]
a party with economic assistance for a set period of time following a marriage of short or
moderate duration." § 61.08(7)....
...a moderate-term marriage only "if such an award is appropriate based upon clear and
- 10 -
convincing evidence after consideration of the factors [for determining the type and
amount of alimony] set forth in subsection (2)." § 61.08(8).
We cannot agree with the Former Husband that the trial court abused its
discretion in determining that durational alimony is appropriate under the circumstances
here....
CopyPublished | Florida 1st District Court of Appeal | 2017 WL 2790706, 2017 Fla. App. LEXIS 9296
...t’s findings with regard to Former Wife’s request for permanent alimony (Points I and II), and the trial court’s imputation of income to Former Wife (Point III). The parties’ marriage was presumptively a long-term marriage as contemplated in section 61.08(4), Florida Statutes (2013). In denying Former Wife permanent alimony, the trial court failed to make any of the factual determinations required by section 61.08(2)(a)-(j), Florida Statutes. The trial court’s failure to set forth the requisite factual findings to justify its decision not to award Former Wife *1286 permanent alimony contravened the clear mandate of section 61.08(2), and inhibits any meaningful review of the alimony-issue....
CopyPublished | Florida 1st District Court of Appeal | 1978 Fla. App. LEXIS 16480
...imony. We cannot agree. The appellee treats alimony as though there were two distinct kinds of permanent alimony, that is, periodic alimony and lump sum alimony. Such is not the case. Under the applicable statute authorizing the granting of alimony [Section 61.08, Florida Statutes (1975)], the two kinds of alimony which are separately designated therein are rehabilitative alimony and permanent alimony....
CopyPublished | Supreme Court of Florida | 23 Fla. L. Weekly Supp. 367, 1998 Fla. LEXIS 1238, 1998 WL 334343
...ounty}_County, along -with any depository service charge — b. Both parties have requested that support payments not be directed through the Central Governmental Depository. However, either party may subsequently apply to the depository pursuant to section 61.08, Florida Statutes, to require payments through the Central Governmental Depository....
...Both parties have requested and the court finds that it is in the best interests of the child(ren) that support payments need not be directed through the Central Governmental Depository. However, either party may subsequently apply to the depository pursuant to section
61.08 or
61.13, Florida Statutes, to require payments through the Central Governmental Depository....
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 9528, 2015 WL 3875272
...t worth of $29,142. The trial court also awarded the Wife 44.19 percent of the Husband’s military retirement pay. The Wife requested an award of permanent alimony. Undeniably, the parties’ thirty-three-year marriage was a long-term marriage. See § 61.08(4), Fla....
...Therefore, we must limit our consideration of the Wife’s appellate arguments to errors appearing on the face of the amended final judgment. B. The Failure to Award Permanent Alimony The trial court declined to award permanent alimony to the Wife. In reaching this decision, the trial court ruled that under subsection 61.08(8), “the standard of permanent alimony is clear and convincing evidence,” and that the “[fjailure to meet this standard means that a permanent entitlement could be deemed inappropriate and the durational option would apply instead...
...rt also found that “the Wife failed to meet the clear and *276 convincing standard to prove entitlement to a permanent [periodic] award, meaning that her request [for permanent periodic alimony] must be DENIED.” The trial court misinterpreted subsection 61.08(8)....
...ge is of moderate duration. “Permanent alimony may be awarded ... following a marriage of moderate duration if such an award is appropriate based upon clear and convincing evidence after consideration of the factors set forth in subsection (2).” §
61.08(8) (emphasis added); see Valente v. Barion,
146 So.3d 1247, 1249 (Fla. 2d DCA 2014); Winder v. Winder,
152 So.3d 836, 840 (Fla. 1st DCA 2014). However, there is no dispute that this thirty-three-year marriage was, by definition, a long-term marriage. The portion of subsection
61.08(8) applicable to long-duration marriages provides, “Permanent alimony may be awarded following a marriage of long duration if such an award is appropriate upon consideration of the factors set forth in subsection (2).” The portion of subsection
61.08(8) applicable to long-term marriages does not, as the trial court ruled, require a party seeking permanent alimony to meet the clear and convincing standard of proof....
...There is no indication in the record that the Wife presented this issue to the trial court for a ruling. See Cox v. Cox,
10 So.3d 180, 181 (Fla. 2d DCA 2009); Roth v. Roth,
973 So.2d 580, 592 (Fla. 2d DCA 2008). E. Life Insurance as Security for Alimony Section
61.08(3) states, “To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with...
CopyPublished | Florida 2nd District Court of Appeal
...4th DCA 2007) (reversing order denying modification
petition where the trial court failed to consider material allegations and facts asserted by
the petitioner as constituting a substantial change in circumstances and recognizing
"that all applicable section
61.08(2) factors in determining alimony must be considered
in modification proceedings under section
61.14").
The additional circumstances the former wife presented included (1) her
need to rent a place to live following the...
CopyPublished | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 8994, 2008 WL 2435565
...tial parent for the parties’ twin sons, and the Former Wife’s claim for alimony. The question of securing any award of alimony with a life insurance policy was not addressed in either of the mediation agreements. The trial court is authorized by section 61.08(3), Florida Statutes (2005), to require a party who is ordered to pay alimony to purchase or maintain a life insurance policy to secure an alimony award....
CopyPublished | Florida 4th District Court of Appeal
...4
Although the trial court generally concluded Former Wife’s “needs were not
being met,” it made no specific factual findings regarding Former Wife’s
current expenses or needs and made no reference to the factors in section
61.08, Florida Statutes (2018)....
...4th DCA 2012) (citation and internal
quotation marks omitted). “Once a party moving for alimony modification
provides substantial, permanent, and unanticipated change in
circumstances, ‘a trial court must consider and make specific factual
findings for each of [the] factors [within section
61.08(2)].’” Suarez v.
Suarez,
284 So. 3d 1083, 1087 (Fla. 4th DCA 2019) (alteration in original)
(quoting Addie v. Coale,
179 So. 3d 534, 536 (Fla. 4th DCA 2015)); see also
Donoff v. Donoff,
940 So. 2d 1221, 1223 (Fla. 4th DCA 2006) (holding that
“all applicable section
61.08(2) factors must be considered in modification
proceedings under section
61.14”). Notably, section
61.08(2) requires,
among other things, that a court consider “[t]he financial resources of each
party” and “[a]ll sources of income available to either party, including
income available to either party through investments of any asset held by
that party.” §
61.08(2)(d), (i), Fla....
...met his burden with regard to a substantial change in circumstances”).
To the extent the trial court did conclude Former Husband met his burden,
the trial court was then required to make specific factual findings
regarding the relevant factors in section 61.08(2), Florida Statutes (2018).
The findings in the Final Judgment, however, are sparse and conclusory
6
at best, especially regarding Former Wife’s needs and sources of income.
Aside from referenci...
...meaningfully review the Final Judgment and constitutes reversible error.
See Winder v. Winder,
152 So. 3d 836, 841 (Fla. 1st DCA 2014) (the lack
of sufficient factual findings regarding the former wife’s financial resources
and current living expenses as required by section
61.08 precluded
meaningful review of the alimony award); Matajek v. Skowronska,
927 So.
2d 981, 987 (Fla. 5th DCA 2006) (the trial court’s failure to consider the
factors in section
61.08 “frustrates meaningful review of the trial court’s
award of alimony and constitutes reversible error”); Beck v....
CopyPublished | Florida 5th District Court of Appeal
...In addition, Peggy Esmerelda
Jocelyn (“Former Wife”) concedes several unrelated errors which,
upon remand, shall be corrected by the trial court. In all other
respects, we affirm.
On the issue of alimony, the court listed several of the factors
enumerated in section 61.08(2), Florida Statutes (2023), and then
concluded that Former Wife had the need and Former Husband
the ability to pay durational alimony. However, the court failed to
make any specific findings as to those factors.
As to alimony, section 61.08(2) provides:
(2)(a) In determining whether to award support,
maintenance, or alimony, the court shall first
make a specific, factual determination as to
whether the party seeking support...
...for or ability to pay support, maintenance, or
alimony. However, the court shall make written
findings of fact as to the lack of need or lack of
ability to pay in denying a request for support,
maintenance, or alimony.
§ 61.08(2), Fla....
...statutory factors, it was impossible for appellate court to assess the
reasonableness of the permanent alimony award); Medlin v.
Medlin,
656 So. 2d 528 (Fla. 4th DCA 1995) (reversing award of
lump sum alimony where judgment considers some but not all of
the factors listed under section
61.08(2)); Kennedy v....
...5th DCA 1993) (holding that trial court
erred in its application of law when it failed to consider all
statutory factors). The lack of transcript was not an issue for the
appellate courts in the above cases, as the error was apparent on
the face of the judgment.
Here, the final judgment merely listed the factors in section
61.08(3), without making findings as to each....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 2138099, 2012 Fla. App. LEXIS 9686
...Buxton,
963 So.2d 950, 953-56 (Fla. 2d DCA 2007) (holding that “[i]f the trial court concludes that a ‘supportive relationship’ exists, the trial court has the discretion to reduce or terminate the alimony obligation,” and that the economic factors enumerated in section
61.08(2) apply to modification proceedings under section
61.14(1)(b))....
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 2122177, 2012 Fla. App. LEXIS 9585
...While we are not unmindful that the term of marriage *1118 may not warrant permanent alimony, under the applicable standard of review and the record before us, we cannot conclude that the trial court abused its discretion with the temporary alimony award. Affirmed. WARNER and CONNER, JJ., concur. . We note that section 61.08(4), Florida Statutes (2010), which describes a "moderate-term marriage" as one “having a duration of greater than 7 years but less than 17 years,” does not apply to this case because the petition for dissolution was filed in April 2...
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 8212, 2002 WL 1285100
...ncial resources. Thus, the trial court erred in failing to make a finding of the Husband’s present ability to pay as required by Section
61.14(5)(a), Florida Statutes, and in failing to consider the financial resources of each party as required by Section
61.08(2), Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1987 Fla. App. LEXIS 8776, 12 Fla. L. Weekly 1449
...ot be reduced, nor is the court precluded from increasing alimony. On remand, the court should consider the totality of the circumstances, including the lifestyle and standard of living enjoyed by the parties, as well as the other factors set out in section 61.08, Florida Statutes, in determining the alimony award....
CopyPublished | Supreme Court of Florida | 14 Fla. L. Weekly 263, 1989 Fla. LEXIS 498, 1989 WL 57943
OVERTON, Justice. We have for review Shimek v. Shimek,
532 So.2d 686 (Fla. 1st DCA 1988), in which the district court, upon the former husband’s petition for rehearing, certified the following question: Does §
61.08(3), Florida Statutes (1985) authorize a trial court to require an alimony paying spouse to maintain a life insurance policy securing said alimony award, such that upon the death of the paying spouse the receiving spouse is only entitled to receive from the insurance the sum total of any existing alimony arrearages? Id. at 687. We have jurisdiction, article V, section 3(b)(4), Florida Constitution. We answer this question in the negative in accordance with our recent decision in Sobelman v. Sobelman,
541 So.2d 1153 (Fla.1989), in which we concluded that section
61.08(3) allows broader use of life insurance policies than just to compensate for existing alimony arrearages....
CopyPublished | Florida 1st District Court of Appeal
...continuing to work and earn on a full-time basis.
The alimony statute requires the trial court to consider “[a]ll
sources of income available to either party, including income
available to either party through investments of any asset held by
that party.” § 61.08(2)(i), Fla....
...As to the former wife’s rental incomes and expenses, the
trial court had discretion to evaluate and resolve any evidentiary
conflicts, and did not abuse that discretion. Accordingly, at least
as to the former wife’s need for alimony, we remand for
consideration under section 61.08(2)(i).
5
2. Life Insurance to Secure Alimony.
The former husband argues that the trial court erred in
requiring him to secure the alimony award with a $500,000 life-
insurance policy in favor of the former wife. Section 61.08(3),
Florida Statutes, authorizes a trial court to require life insurance
to secure alimony (and to apportion the cost of such insurance
between the parties based on ability to pay)....
CopyPublished | Florida 1st District Court of Appeal
...As a
result, we have jurisdiction to consider the appeal of the final
judgment.
Turning to the merits, the former husband claims error in the
final judgment because the thirteen-year durational alimony term
exceeds the length of the marriage by two months. See § 61.08(7),
Fla....
...error” on the issue); see also Eaton v. Eaton,
293 So. 3d 567 (Fla.
1st DCA 2020).
The former husband also challenges the sufficiency of the trial
court’s findings of the former wife’s need for, and his ability to pay,
the alimony awarded. See §
61.08(7), Fla....
CopyPublished | District Court of Appeal of Florida
court's failure to make the findings required by section
61.08(8), Florida Statutes (2016), and we remand
CopyPublished | Florida 2nd District Court of Appeal | 2013 WL 3335028, 2013 Fla. App. LEXIS 10704
...Busciglio and the children continue as equal beneficiaries of the policy. The order is silent as to what purpose is served by maintaining this insurance: is it to secure the payment of alimony or child support or both? Both parties agree that this order requires clarification. We do not disagree. Sections
61.08(3) and
61.13(1), Florida Statutes (2010), respectively, authorize a trial court to protect future payments of alimony and child support by ordering a party to maintain life insurance “to the extent necessary.” In this case, the trial court ordered that Ms....
CopyPublished | Florida 2nd District Court of Appeal
2016). Awards of alimony are governed by section
61.08, Florida Statutes (2019), which dictates, “In
CopyPublished | Court of Appeals for the Eleventh Circuit
...added).
There plainly is no evidence that FMT and Able Body contemplated BBC
exercising authoritative control over Langfitt.
Second, as Langfitt concedes, FMT had the right to terminate Langfitt’s
employment with FMT. See Larson, supra, § 61.08[1], at 61-22 (“The power to
fire ....
CopyPublished | Florida 4th District Court of Appeal | 1980 Fla. App. LEXIS 17473
appellant’s favor by reference to every criterion in §
61.08(1), (2), Fla.Stat. (Supp.1978). On this record
CopyPublished | District Court of Appeal of Florida
violation of section
61.08(9), Florida Statutes. First, we agree that under section
61.08(2), Florida
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 10364, 2001 WL 830568
...ntial alimony arrearages.
537 So.2d at 139-40 . However, Keith relied on Sobelman v. Sobelman,
516 So.2d 7 (Fla. 2d DCA 1987), which was reversed by the supreme court in Sobelman v. Sobelman,
541 So.2d 1153 (Fla.1989). The supreme court held that “section
61.08(3) permits the trial court to order an obligated spouse, as an integral part of the equitable distribution and support scheme, to purchase life insurance or other security either to satisfy arrearages or to otherwise protect the receiving spouse in appropriate circumstances.” Id....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 6375
...Defendant-husband brings this interlocutory appeal in a divorce action from two orders of the trial court, the first holding him in contempt for willful failure to pay temporary allowances for support and maintenance awarded to appellee and the second applying F.S. § 61.08, F.S.A., as amended by Chapter 71-241, Laws of Florida, which gave the court discretion in hearing the defense of adultery to mitigate or bar completely alimony awarded to the wife....
...The court below on September 27, 1971 entered an uncontested order dissolving the marriage but specifically retaining “jurisdiction to determine any remaining problems including but not limited to such matters as alimony, to include all rights reserved to defendant under F.S. § 61.08.” Following the entry of the uncontested dissolution of marriage, appellant on December 7, 1971 filed an amended answer which sought to raise for the first time in the cause the issue of adultery as a complete bar to any claim of alimony by plaintiff-wife....
...r failure to pay the temporary alimony awarded to the wife. In denying the motion for rehearing of the court’s order of February 4, 1972 which struck down the proposed amended answer, the trial court stated: “Under the terms of Florida Statutes, Section 61.08 (1971), the court is granted discretion as to whether to consider the issue of the adultery of a spouse and the circumstances thereof in determining whether alimony shall be awarded to such spouse and the amount of alimony, if any, to be awarded to such spouse....
...This Court, based upon the evidence before it and based upon the previous Orders and rulings of this Court, hereby exercises its discretion that the adultery, if any, of either spouse who is a party to this action shall not be considered in the awarding of alimony or in any other aspect of this cause.” We hold that F.S. § 61.08, F.S....
CopyPublished | Florida 4th District Court of Appeal
...However, unlike the alimony statute, which requires a court, when
calculating alimony, to consider “all sources of income available to either
party, including income available to either party through investments of any
asset held by that party,” § 61.08(2)(i), Fla....
CopyPublished | Florida 4th District Court of Appeal
...Based on these findings, the trial court found Former Husband had a need
for alimony and that Former Wife had the ability to pay based on her
salary. The trial court accordingly awarded Former Husband monthly
durational alimony of $4,703 for a period of fifty-two months.
Section 61.08, Florida Statutes (2024), governs alimony awards and
provides that in determining whether to award alimony, the trial court
must first make a specific factual determination as to whether one party
has an actual need for alimony and whether the other party has the ability
to pay alimony. § 61.08(2)(a), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1991 Fla. App. LEXIS 6131, 1991 WL 116854
...Diffenderfer v. Diffenderfer,
491 So.2d 265, 267 (Fla. 1986). In the case before us, the award was apparently intended as a permanent alimony award based on traditional alimony principles. 1 Permanent alimony may be awarded in lump sum or in installments. §
61.08(1), Fla.Stat. (1989); see Canakaris,
382 So.2d at 1201 . In making the award, the trial court properly considered the factors set forth in section
61.08(1), the wife’s demonstrated need and the husband’s present ability to pay....
CopyPublished | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 9999, 2002 WL 1558660
...h children’s customary standard of living). Additionally, the trial court’s statement regarding the husband selling the home ignores the fact that the home is the husband’s premarital property and is the only home the children have ever known. Section 61.08(2)(a), Florida Statutes (2000), provides that one of the factors a trial court is to consider in fashioning an alimony award is the standard of living established during the marriage. Under the circumstances of this case, we believe that an alimony award that ensures a standard of living for a spouse at the expense of the children would be erroneous, and we do not read section 61.08 to require such a course of action....
CopyPublished | Florida 4th District Court of Appeal | 1970 Fla. App. LEXIS 6193
parties and the nature of the case. F.S. 1967, Section
61.08, F.S.A. The court’s jurisdiction does not extend
CopyPublished | Florida 5th District Court of Appeal
...On remand, the trial court is
instructed to determine the correct amount of Appellee’s monthly
income, based on his paystubs in evidence, and then reconsider the
alimony and child support awards using the correct amount of
Appellee’s monthly income. See § 61.08(2), Fla....
CopyPublished | Florida 5th District Court of Appeal
requesting spouse has an actual need for alimony. See §
61.08(2), Fla. Stat. (2021); Kruse v. Levesque, 192 So
CopyPublished | Florida 2nd District Court of Appeal | 2014 WL 3377094, 2014 Fla. App. LEXIS 10606
...period of fifteen years. However, the court intended to award alimony for a period
representing the length of the marriage. The marriage in this case lasted just under
fourteen years and ten months—not fifteen years. The parties agree that this was error.
See § 61.08(7), Fla....
CopyPublished | Florida 4th District Court of Appeal
...he child’s
extracurricular activities, graduation expenses, summer camp, field trips,
automobile expenses, and other costs, totaling over $8,000 per month.
Second, the trial court analyzed the factors for awarding rehabilitative
alimony under section 61.08, Florida Statutes (2023)....
...1980)).
Rehabilitative alimony may be awarded to help a party become self-
supporting through either: “(1) [t]he redevelopment of previous skills or
credentials; or (2) [t]he acquisition of education, training, or work experience
necessary to develop appropriate employment skills or credentials.”
§ 61.08(6)(a)(1)-(2), Fla. Stat. (2023). A “specific and defined rehabilitative plan”
must also be included in the order. § 61.08(6)(b), Fla....
...The former wife responds the former
husband clearly agreed to the payments in response to direct questioning from
the court.
We review the spousal support award for an abuse of discretion. See Addie,
120 So. 3d at 46 (citing Costa,
951 So. 2d at 925).
3
While section
61.08 requires specific factual findings regarding the factors
listed in subsection (2), an exception exists where the parties have entered into
a valid agreement regarding spousal support on the record....
...unequivocal assent from both parties on the record. Chovan,
90 So. 3d at 902
n.1. Here, neither the former wife, her counsel, nor the former husband provided
such assent. Without mutual assent, no binding agreement excepted the
statutory requirement of specific factual findings under section
61.08....
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 104, 1999 WL 5103
...Thus, in addition to the wife’s income from her part-time real estate job, she was awarded the $565.00 of alimony, $911.00 of child support and $630.00 per month from the husband’s military retirement. The husband contends that the court failed to make factual findings with respect to all the factors enumerated in section 61.08(2), *980 Florida Statutes (1997)....
CopyPublished | Florida 1st District Court of Appeal
...Wife’s death or remarriage and shall not be subject to termination
or modification in the event the Wife enters into a supportive
relationship.” The latter language is wholly at odds with the
definitions of the various forms of alimony authorized by section
61.08(5)-(8), Florida Statutes, all of which provide that the alimony
shall end upon the death or remarriage of the receiving spouse.
Furthermore, as the former husband points out, a lump sum
payment award that effects a property distribution is not
enforceable by contempt, as are alimony awards....
CopyPublished | Florida 3rd District Court of Appeal
...and ability to pay. “In determining whether to award alimony . . . , the court shall
first make a specific factual determination as to whether either party has an actual
need for alimony . . . and whether either party has the ability to pay alimony . . . .” §
61.08(2), Fla....
...the trial court found he “can afford this payment at this time . . . [because] [h]is
financial affidavit reflects numerous monthly payments that can be readily
eliminated or reduced.”
These conclusory statements are insufficient findings of need and ability to
satisfy section 61.08....
...See Ortiz, 45 Fla. L. Weekly D1929, at *2 n.2 (stating that
“judgment on appeal does not include the reasoning behind the award of alimony to
the former wife,” and that “[a]lthough the amended final judgment appears to
consider the statutory factors under Section 61.08, it does so in a perfunctory fashion.
As such, the trial court’s reasoning for concluding that the former wife was in need
of alimony is unclear from the face of the judgment or transcripts of the proceedings
filed with this Court...
... Second, the final judgment gives no guidance as to whether the $2,000 per
month alimony awarded to the former wife is for “bridge-the-gap, rehabilitative,
durational, or permanent in nature or any combination of these forms of alimony.” §
61.08(1), Fla. Stat. The statute requires the trial court to “consider all relevant
factors” enumerated under section 61.08(2)(a)–(j) “in determining the proper type
and amount of alimony” to be awarded....
CopyPublished | Florida 3rd District Court of Appeal
...1 We agree
that the partial final judgment does not include factual findings necessary to explain
why the trial court did not award permanent alimony in this case. The type and
amount of alimony is ascertained by ten statutory factors enumerated under section
61.08(2), Florida Statutes (2019)....
...inappropriate in [this] long-term marriage and why durational alimony was awarded,
[therefore,] reversal is proper.” Gilliland,
266 So. 3d at 868. The final judgment also
left unexplained whether the former husband has an “ongoing need for support on a
permanent basis.” §
61.08(7), Fla....
...12, 2020) (reversing and remanding trial court’s alimony award
where “judgment on appeal does not include the reasoning behind the award of
alimony”).
Unreconciled inconsistencies exist regarding the evident disparate earning
capacity of the parties. See § 61.08(2)(j), Fla. Stat. (in determining alimony award,
the court shall consider “[a]ny other factor necessary to do equity and justice
3
§ 61.08(4), Fla....
...3d
DCA 2012) (“Consideration of standard of living is to ensure that one spouse is not
‘shortchanged.’” (quoting Canakaris v. Canakaris,
382 So. 2d 1197, 1204 (Fla.
1980))).
Also, in considering “services rendered in homemaking, child care, education,
and career building of the other party,” section
61.08(2)(f), Florida Statutes, the
partial final judgment neither addresses nor explains the evidence indicating that the
former husband contributed $1,600 monthly for the mortgage of the marital home
before the parties separated....
CopyPublished | Supreme Court of Florida | 12 Fla. L. Weekly 68, 1987 Fla. LEXIS 1403
conditioned upon the dissolution of the marriage. §
61.08(1), Fla.Stat. (1983). See Aldrich v. Aldrich, 163
CopyPublished | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 989, 2008 WL 245022
...to modify the final judgment dissolving the parties’ marriage. That order awarded the former wife $76,972.27 in lump sum alimony. Because we agree with the former husband’s arguments that the trial court failed to consider the factors listed in section 61.08(2), Florida Statutes (2006), and failed to make findings of fact as required by section 61.08(1), we reverse the award of lump sum alimony....
CopyPublished | Florida 5th District Court of Appeal
...3d DCA 1982).2 The trial
court pointed out that, until July 1, 2010, there was no statutory provision for durational
alimony, which is essentially the form of support that these parties had agreed upon.
However, now that durational alimony is statutorily recognized, section 61.08(7), Florida
Statutes (2011), allows for an extension on the length of an award upon a showing of
exceptional circumstances as long as the award does not exceed the length of the
marriage. § 61.08(7), Fla....
CopyPublished | Florida 4th District Court of Appeal
...the alimony award by considering his employee benefits as income and basing
its calculations on the parties’ gross income.
The trial court did not err in awarding Former Wife permanent alimony
because the parties were married for over twenty-two years, a long-term marriage
under section
61.08, and Former Husband did not overcome the presumption in
favor of permanent alimony. See Dickson,
204 So. 3d at 502–03. The trial court
made the requisite factual findings pursuant to section
61.08(2), Florida Statutes
(2017), to determine permanent alimony was appropriate....
CopyPublished | Florida 2nd District Court of Appeal
...Baseman of Felix, Felix & Baseman, Tampa, for Appellee.
BLACK, Judge.
The former wife, Deborah A. Woodward, appeals from the final
judgment dissolving her marriage to the former husband, Russell W.
Woodward. The former wife challenges the trial court's award of
permanent alimony to the former husband under section 61.08, Florida
Statutes (2023), as well as the trial court's other determinations related
to alimony, including calculations of need and ability to pay,
consideration of the former husband's inherited property, and
consideration of the former husband's adultery....
...At the final hearing, the trial court heard testimony
concerning the parties' respective incomes and living situations, as well
as testimony concerning the former husband's adultery.
In her first issue on appeal, the former wife argues that the
elimination of permanent alimony from section 61.08, effective July 1,
2023, requires reversal in part of the final judgment because the
amended statute is applicable to initial petitions for dissolution of
marriage pending on July 1, 2023, and the initial petition for dissolution
remains pending in this case. We agree.
Section 61.08 was significantly amended, effective July 1, 2023.
See ch. 2023-315, § 1, Laws of Fla. One of the changes to the statute
was the elimination of permanent alimony. See id. And critical to this
appeal, section 61.08(11) was added: "The court shall apply this section
to all initial petitions for dissolution of marriage or support unconnected
with dissolution of marriage pending or filed on or after July 1, 2023."
The issue presented by the former wife is a question of law subject
to de novo review....
...Smith,
224 So. 3d 740, 745 (Fla. 2017).
The language of the statute plainly requires that it be applied to "all
initial petitions for dissolution of marriage . . . pending . . . on or after
2
July 1, 2023." §
61.08(11)....
...the former wife's income, the expert was unaware that certain funds were
a one-time payment and not the traditional annual bonus received by the
former wife.
4
Finally, on remand the court must consider the applicability of
both sections
61.08(1)(a) and
61.14(1)(b), as amended effective July 1,
2023, as they relate to the former husband's request for alimony.
Section
61.08(1)(a) provides that "[t]he court may consider the adultery of
either spouse and any resulting economic impact in determining the
amount of alimony, if any, to be awarded," and section
61.14(1)(b)1
provides that "[t]he court must reduce...
CopyPublished | Florida 5th District Court of Appeal | 1987 WL 1189
...Thereafter, the Husband is not liable for any alimony." The trial court did not retain jurisdiction for the 42 month period over which the payments would have been spread, nor can the lump sum amount be considered the present value of the total of the 42 payments. While section 61.08(1), Florida Statutes (1985) does provide that rehabilitative alimony may be awarded in lump sum payments, the cases addressing lump sum rehabilitative awards specifically refer to the lump sum award as being payable over time....
CopyPublished | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 337, 1987 Fla. App. LEXIS 6371
marital misconduct expressly designated in section
61.08(1), Florida Statutes (1988), the legislative
CopyPublished | Florida 3rd District Court of Appeal
...3d DCA 2019).
Leonard Brandon Pringle (“the Husband”) argues that the trial court
erred in awarding durational alimony in the amount of $500 to Ingrid Esther
Pringle (“the Wife”) for a period of five years because the length of the
marriage was only four years and nine months. Section 61.08(7), Florida
Statutes (2021), explicitly states that the duration of the award “may not
exceed the length of the marriage.” Because of the strict statutory
requirement, we reverse the award for the sole purpose of limiting the awa...
CopyPublished | Florida 4th District Court of Appeal
...s
should be characterized as durational alimony. 1 As a result, the seventy-
1The parties were married for approximately twelve years. “[A] moderate-term
marriage is a marriage having a duration of greater than 7 years but less than 17
years.” § 61.08(4), Fla....
...(2021). The former wife testified that she lived
with her fiancé and uncle, both of whom were providing her financial
provide a party with economic assistance for a set period of time following a
marriage of short or moderate duration . . . .” § 61.08(7), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2017 WL 192033, 2017 Fla. App. LEXIS 493
...“In determining whether to award alimony or maintenance, the court shall first *382 make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay .,,. ” § 61.08(2), Fla....
...See Shingledecker v. State,
734 So.2d 483, 484 (Fla. 4th DCA 1999) (“A party may not invite error at trial and then be heard to complain of that error on appeal.”). By waiving her claim for alimony, the trial court was not required to make factual findings under section
61.08(2), Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 245, 2001 WL 37698
...Because the trial court improperly awarded rehabilitative alimony, Mrs. Westberry’s contention that the amount of the permanent alimony is inadequate appears to be Well taken. When reconsidering the alimony, the trial court should ensure that the total award is adequate. See § 61.08, Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal
...Permanent Alimony Finding
The former husband correctly argues that the trial court failed to make
the statutorily-mandated finding that no form of alimony, other than
permanent alimony, was fair and reasonable under the parties’
circumstances.
Section 61.08(8), Florida Statutes (2015), provides in pertinent part:
Permanent alimony may be awarded to provide for the needs
and necessities of life as they were established during the
marriage of the parties for a party who la...
CopyPublished | Florida 5th District Court of Appeal
...See Brooks v. State,
363 So.
3d 181, 185 (Fla. 5th DCA 2023) (“[W]hen a legislative body ‘knows
how to say something but chooses not to, its silence is controlling.’”
(quoting In re Guillen,
972 F.3d 1221, 1226 (11th Cir. 2020))); see
also §
61.08(1)(b)–(2)(a), Fla....
CopyPublished | Florida 4th District Court of Appeal
...... 2008
will be split based on the length of the marriage at the time that
he was acquiring and contributing to that asset and that will
be split.
3
As part of its oral ruling, the circuit court, as required by section 61.08,
Florida Statutes (2020), addressed all of the factors which applied to the
parties....
...The wife argued, among
other things, that the circuit court had erred as a matter of law in
determining the marriage’s “effective termination date” was August 2008,
which the circuit court then erroneously used for identifying and valuing
the marital assets and denying alimony to the wife:
[Section] 61.08(4), [Florida Statutes] ......
...the parties’ marriage created additional errors. This is a long-
term marriage and Wife is presumptively entitled to …
permanent periodic alimony. The [c]ourt’s [j]udgment does
not address the statutory presumption.
….
F.S. § 61.08(7) states:
“The cut-off date for determining assets and
liabilities to be identified or classified as marital
assets and liabilities is the earliest of the date the
parties enter int...
...9
The same harmless error analysis applies to the circuit court’s denial
of the wife’s alimony request. Because the marriage had “a duration of 17
years or greater,” it was a long-term marriage. See § 61.08(4), Fla....
...Pricher,
300 So. 3d 1258, 1261 (Fla. 5th DCA 2020) (citation omitted).
Further, as the Fifth District has held:
[I]t [is] not error for the trial court to consider the ...
[requesting spouse’s] ... supportive relationship because
section
61.08(2)(j), Florida Statutes ......
CopyPublished | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 122, 1996 WL 10941
...the alimony award, and because the alimony award is inconsistent with the court’s finding that Roveri does not have the present ability to pay alimony, we reverse and remand in order for the trial court to reconsider the alimony award in light of section 61.08, Florida Statutes (1993)....
CopyPublished | Florida 5th District Court of Appeal
awarded where permanent alimony is appropriate. See §
61.08(7), Fla. Stat. (2015) ("Durational alimony may
CopyPublished | Florida 5th District Court of Appeal
awarded where permanent alimony is appropriate. See §
61.08(7), Fla. Stat. (2015) ("Durational alimony may
CopyPublished | Florida 2nd District Court of Appeal
...on the receiving
spouse's need for alimony and the paying spouse's ability to pay." Valentine v. Van
Sickle,
42 So. 3d 267, 274 (Fla. 2d DCA 2010). Need and ability to pay are determined
based on the court's consideration of the factors listed in section
61.08(2), Florida
Statutes (2011), including, inter alia, the duration of the marriage, the standard of living
established during the marriage, the financial resources and earning capacity of each
party, the tax treatment and consequences...
...the Husband continued to pay the
expenses of the marital home as ordered during the pendency of the proceedings and
until the house was sold. Moreover, the amended final judgment explicitly states that
the court considered the factors outlined in section 61.08(2), including the Wife's
earning capacity and history of holding jobs....
...As
is clear from these figures, the Wife will actually receive net income significantly less
than her demonstrated need of $5630 per month. And these figures form the basis for
her claim that the durational alimony awarded is inadequate.
Section 61.08(2)(h) specifically requires that "[i]n determining whether to
award alimony ....
CopyPublished | Florida 3rd District Court of Appeal
...and awarded Former Husband $375,225.36, representing the alimony
overpayment, plus prejudgment interest, for a total of $410,756.56.
On appeal, Former Wife challenges the trial court’s orders on several
grounds: (i) the challenged orders fail to make the findings required by
section 61.08(1) of the Florida Statutes; (ii) there was not competent,
substantial evidence to support the trial court’s ruling that Former Wife’s
financial circumstances had changed or that the alleged changes were
material, substantial, una...
...3
are unable to – reach the other grounds raised by Former Wife, and we
express no opinion on these other grounds.
Neither the trial court’s January 7, 2021 order nor its June 10, 2021
order recites the requisite statutory findings of section 61.08(2) of the Florida
Statutes. § 61.08(1), Fla....
...permanent alimony award because “the award [was] reasonably clear and
supported by the record.” Id. at 585. We construe Broadfoot, though, as a
preservation of error case and do not read the Broadfoot holding as
authorizing an appellate court to waive section 61.08(2)’s mandatory
requisites....
...While we recognize that in an alimony modification
case, the passage of time might render some of the statutory factors less
pertinent than others, our ability to review the appropriateness of an alimony
award is predicated on a full recitation of the section 61.08(2) findings....
CopyPublished | Florida 2nd District Court of Appeal
...Former Wife appropriately
concedes that it was error for the trial court to rely on the lack of retroactive child
support and the difference between the parties' income because neither party had
requested retroactive child support or alimony, see § 61.08(2)(e), Fla....
CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 7408
...and of the Defendant’s SHELBY PRESTON LANGSTON’S ability to pay alimony to the plaintiff, in periodic installments.” The husband concedes the trial judge has legal authority to grant both lump sum and periodic alimony to a wife. See Fla. Stat. § 61.08 , F.S.A., Barfield v....
CopyPublished | Florida 2nd District Court of Appeal
...2d DCA
2010) (first quoting Cleary v. Cleary,
872 So. 2d 299, 303 (Fla. 2d DCA 2004); and then
citing Alpert,
886 So. 2d at 1002). Here "the trial court made no findings concerning the
parties' incomes during the relevant [thirty-one month] period as required by section
61.08, nor did it make any specific findings supporting its conclusion that the [former
husband] had the ability to pay." See Valentine, 42 So....
CopyPublished | Florida 3rd District Court of Appeal | 2007 Fla. App. LEXIS 1494, 2007 WL 403787
...to, services rendered in homemaking, child care, education, and career building of the other party. (g) All sources of income available to either party. The court may consider any other factor necessary to do equity and justice between the parties. § 61.08(2), Fla. Stat. (2002) (emphasis added). Under paragraph 61.08(2)(d), the court is to consider the non-marital and marital assets of each party, and under paragraph 61.08(2)(g) the court is to consider all sources of income available to either party....
...It appears that the successor trial court judge believed the issue of ability to pay was dispositive, and *889 did not make any findings on the question of need. As is made clear by the foregoing, findings will need to be made on both need and ability to pay. See Canakaris, 382 So.2d at 1201-02 ; § 61.08(2), Fla....
CopyPublished | Florida 3rd District Court of Appeal
...are the needs of one
spouse for the funds and the ability of the other spouse to provide the necessary
funds.”) The final judgment evidences that the trial court thoughtfully considered
and addressed each of the statutory factors enumerated in section 61.08(2)(a)-(j),
Florida Statutes (2017), weighed Fernandez-Gil’s need and Alvarez-Reyes’ ability
3
to pay, and articulated the bases for its determinations....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15510
the legislature in its recent amendment to Section
61.08, Florida Statutes (1979). See Collinsworth v
CopyPublished | Florida 1st District Court of Appeal
...“In
determining whether to award alimony or maintenance, the court
shall first make a specific factual determination as to whether
either party has an actual need for alimony or maintenance and
whether either party has the ability to pay alimony or
maintenance.” § 61.08(2), Fla. Stat. After making an initial
determination that alimony should be awarded the court must
then consider the factors enumerated in section 61.08(2) before
determining the type and amount of alimony to award....
...Burnett’s monthly
living expenses, which Mr. Burnett vigorously contested. Without
more, we cannot determine how the trial court arrived at the sum
of $5,000 per month in alimony, or whether that figure is
appropriate.
2
Second, pursuant to section 61.08(3), Florida Statutes, the
trial court ordered Mr....
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 335631, 2012 Fla. App. LEXIS 1405
...In ordering such an award, a trial court must be careful that neither spouse passes from prosperity to misfortune or from misfortune to prosperity. See id. Determinations of a paying spouse’s ability to pay must be based on “all relevant economic factors” including “[a]ll sources of income,” see § 61.08(2)(g), Fla....
...ons to AARP 401(k) plan or the fact that husband was making payments on investment property that he purchased after parties’ separation). Trial courts may also consider “any other factor necessary to do equity and justice between the parties.” § 61.08(2)....
CopyPublished | District Court of Appeal of Florida
intended to be permanent alimony governed by section
61.08, Florida Statutes (2011). Id. Thus, the trial
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 2538, 2015 WL 774604
...Hall of Silverio & Hall, Naples,
for Appellee.
LaROSE, Judge.
Dianne Lorraine Purin appeals the final judgment of dissolution of her
long-term, thirty-year marriage. She challenges the trial court's award of durational
alimony rather than permanent alimony. See § 61.08, Fla....
...Purin argues that the trial court erroneously denied her permanent
alimony by basing the durational alimony determination solely on Mr. Purin's mandatory
retirement at age sixty-five.1 The starting point for every alimony determination, of
course, is need and ability to pay. § 61.08(4). Ms. Purin established her need and Mr.
Purin's ability to pay. §§ 61.08(2), (8)....
...Purin is a commercial airline pilot
subject to mandatory retirement.
-2-
minimize the need for litigation at the time of Mr. Purin's retirement while preserving
Ms. Purin's right to support if she continued to have need.
Additionally, section 61.08(7) permits the extension of durational alimony if
a party can demonstrate through exceptional circumstances the need for continued
alimony. The trial court misinterpreted section 61.08(7) when it affirmatively denied Ms.
Purin her statutory right to seek an extension of the durational alimony award.
Therefore, we reverse in part and remand for further proceedings
consistent with this opinion....
CopyPublished | Florida 3rd District Court of Appeal | 1993 Fla. App. LEXIS 2151, 1993 WL 45216
...3d DCA 1987) (award to wife of lump sum alimony consisting of parties’ major marital assets not abuse of discretion in light of permanent disability to wife caused when husband shot her in the face), rev. denied,
519 So.2d 986 (Fla.1988). See also §
61.08, Fla.Stat....
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 2281, 2006 WL 399231
...Further, former wife was awarded temporary attorney’s fees in the amount of $2,500 and $1,000 in costs. *843 At the final hearing, after considering former wife’s request for rehabilitative alimony, the court stated that it considered the factors set forth in section 61.08, Florida Statutes (2004)....
...affected the employability of the wife. We, therefore, reverse the award of rehabilitative alimony. Findings op Fact Next, former husband claims that the trial court failed to make proper findings as to the parties’ net incomes in accordance with section 61.08, Florida Statutes (2004)(“A11 sources of income available to either party”)....
CopyPublished | Florida 3rd District Court of Appeal
...Paola Ferreyra Ortiz, the former wife. In his first appeal, we reversed and
remanded for the trial court to identify and assign a value to all marital assets
and to make specific factual determinations regarding the former wife’s need
for alimony pursuant to section 61.08, Florida Statutes (2021)....
CopyPublished | Florida 2nd District Court of Appeal | 2017 WL 651118, 2017 Fla. App. LEXIS 2236
...Without the Former Husband's records and
such an accounting, the Former Wife was left with no evidence upon which to attempt to
establish the Former Husband's ability to pay alimony and attorney fees and costs. As
a result, the trial court awarded her no alimony after twenty-seven years of marriage.
See § 61.08(4), Fla. Stat. (2014) ("For purposes of determining alimony, there is a
rebuttable presumption that a . . . long-term marriage is a marriage having a duration of
[seventeen] years or greater."); see also §§ 61.08(8) (stating that "[p]ermanent alimony
may be awarded following a marriage of long duration if such an award is appropriate
upon consideration of the factors set forth in subsection (2)" of the statute, which include
subsection (2)(d), "[t...
CopyPublished | Florida 1st District Court of Appeal | 1980 Fla. App. LEXIS 17305
alimony; that it was within his discretion under Section
61.08(2), Florida Statutes; and, furthermore, that
CopyPublished | Florida 3rd District Court of Appeal
...Appellant's basic contention on appeal is that the trial court abused its discretion in denying her claim for rehabilitative alimony. The needs of the wife and the financial ability of the husband to pay are two of the primary criteria to be used by a trial court in awarding alimony pursuant to Section 61.08, Florida Statutes (1975)....
...te of the entry of its judgment. Although we are unaware of any Florida case which directly holds that it may be an abuse of discretion for a trial court to fail to reserve jurisdiction for the purpose of awarding rehabilitative alimony, pursuant to Section 61.08, Florida Statutes (1975), we feel that under certain limited circumstances, such as reflected by the record in this case, the principle is a logical extension of those cases holding that it may be an abuse of discretion for the trial court not to reserve jurisdiction for the purpose of awarding permanent alimony. Further, this opinion is in keeping with the policy of Section 61.08 which is to do equity and justice between the parties....
CopyPublished | Florida 3rd District Court of Appeal | 2008 Fla. App. LEXIS 1821, 2008 WL 373229
...extent that they reduce living expenses.” §
61.30(2)(a)13., Fla. Stat. (2006). While by its terms section
61.30 applies only to child support, the logic is equally applicable to the imputation of income for purposes of temporary alimony. See id. §
61.08(2)(g) (“[T]he court shall consider all relevant economic factors, including but not limited to ......
CopyPublished | Florida 3rd District Court of Appeal
...icipation in a longstanding adulterous affair. The proffer was refused so that the only testimony about misconduct was that of the parties, with no corroboration. Because the misconduct of a spouse is relevant to both the amount of an alimony award, § 61.08, Fla....
CopyPublished | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 1902, 2016 WL 514254
...ompetent, substantial
evidence.” Brown v. Cannady-Brown,
954 So. 2d 1206, 1207 (Fla. 4th
DCA 2007). Alimony awards are reviewed for an abuse of discretion.
Green v. Green,
126 So. 3d 1112, 1114 (Fla. 4th DCA 2012).
Florida’s alimony statute, section
61.08, Florida Statutes (2012),
provides in pertinent part:
2) In determining whether to award alimony ....
...(d) The financial resources of each party . . . .
(e) The earning capacities, educational levels, vocational
skills, and employability of the parties . . . .
....
(i) All sources of income available to either party . . . .
§ 61.08, Fla....
CopyPublished | Supreme Court of Florida
...The court may order periodic payments, payments in lump sum, or both. In
determining whether to award alimony, the court must determine whether either party has an actual
need for alimony and whether the other party has the ability to pay. The court must consider the
factors set forth in section 61.08, Florida Statutes, and must make certain written findings....
...Permanent alimony is paid at a specified, periodic rate
until: modification by a court order; the death of either party; or the remarriage of the party receiving
alimony, whichever occurs first. Permanent alimony requires consideration of the factors set forth in
section 61.08(2), Florida Statutes, and must include certain written findings by the court.
Personal Service - when a summons and a copy of a petition (or other pleading) that has been filed with
the court are delivered by a deputy sheriff or private process server to the other party....
..._________________beginning {date}_____________________and terminating on
{date}______________________, the death of either party, remarriage of the Obligee, or
until modified by court order in accordance with section 61.08(7), Florida Statutes,
whichever occurs first.
5....
...explain}_______________________________
beginning {date}____________ and terminating on {date}______________________, the
death of either party, remarriage of Obligee, or until modified by court order in accordance
with section 61.08(7), Florida Statutes, whichever occurs first.
5....
...This alimony shall continue until further modified
by court order, the death of either party, or remarriage of Obligee, whichever occurs first
b. _____ Durational. The durational alimony is _____ modified _____terminated based upon a
substantial change in circumstances in accordance with section 61.08(7), Florida Statutes....
... b. _____Both parties have requested that support payments not be directed through either the
State Disbursement Unit or the central depository at this time; however, either party may
subsequently apply to the depository pursuant to section 61.08, Florida Statutes, to require
payments through either the State Disbursement Unit or the central depository.
2....
...{date}_______________________ and terminating on
{date}____________________, the death of either party, remarriage of
Obligee, or until modified by court order in accordance with section 61.08(7), Florida
Statutes; whichever occurs first.
5._____ Lump Sum....
...rests of the
child(ren) that support payments need not be directed through either the State
Disbursement Unit or the central depository at this time; however, either party may
subsequently apply ,pursuant to section
61.08 or
61.13, Florida Statutes, to require
payments through either the State Disbursement Unit or the central depository.
B....
...{explain}____________________ beginning {date}_______________________ and
terminating on {date}____________________, the death of either party, remarriage of
Obligee, or until modified by court order in accordance with section 61.08(7),Florida
Statutes; whichever occurs first.
5....
...t interests of the
child(ren) that support payments need not be directed through either the State
Disbursement Unit or the central depository at this time; however, either party may
subsequently apply, pursuant to section
61.08 or
61.13, Florida Statutes, to require
payments through either the State Disbursement Unit or the central depository.
B....
...ther {explain}______________________
beginning {date}________________and terminating on {date }___________________________,
remarriage of the Obligee, death of either party, or until modified by court order in
accordance with section 61.08(7), Florida Statutes; whichever occurs first.
5....
CopyPublished | Supreme Court of Florida
...The court may order periodic payments, payments in lump sum, or both. In determining whether to award alimony, the court must determine whether either party has an actual need for alimony and whether the other party has the ability to pay. The. court must consider the factors set forth in section 61.08, Florida Statutes, and must make certain written findings....
...Permanent alimony is paid at a spéciñed, periodic rate until: modification by a court order; the death of either party; or the remarriage of the party receiving alimony, whichever occurs first. Permanent alimony requires consideration of the factors set forth in section 61.08(2), Florida Statutes, and must include certain written findings by the court....
CopyPublished | Florida 4th District Court of Appeal
...named beneficiary only “for the duration of the alimony obligation.” “Courts may
require that child support and alimony awards be secured by life insurance on
6
the life of the obligor.” Alpha,
885 So. 2d at 1033; see also §
61.08 (3), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 2577, 1986 Fla. App. LEXIS 12900
for the court to consider in awarding alimony. §
61.08, Fla.Stat. (1985). See Duttenhofer v. Duttenhofer
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 19534, 2011 WL 6057910
...4th DCA 2010); see Mondello v. Torres,
47 So.3d 389, 396 (Fla. 4th DCA 2010) (noting that “the nature and amount of an award of alimony is a matter committed to the sound discretion of the trial court” (citation, internal quotation marks, and alteration omitted)); §
61.08(2), Fla....
...“[T]he parties’ standard of living during the marriage is not a useful guide in awarding alimony where the parties lived beyond their means,” as in this case. Nichols v. Nichols,
907 So.2d 620, 623 (Fla. 4th DCA 2005) (citation and internal quotation marks omitted); see §
61.08(2)(a), Fla. Stat. The trial judge considered the section
61.08(2) factors....
...to, services rendered in homemaking, child care, education, and career building of the other party. (g) All sources of income available to either party. The court may consider any other factor necessary to do equity and justice between the parties. § 61.08(2), Fla....
CopyPublished | Florida 5th District Court of Appeal
...first make a specific factual determination as to whether one party
8
has an actual need for alimony and the other party has the ability
to pay alimony—and this determination must be based on the
parties’ net incomes. See §
61.08(2), Fla. Stat. (2022); Crouse v.
Crouse,
368 So. 3d 6, 8 (Fla. 4th DCA 2023). An alimony award
may not leave the payor with significantly less net income than the
net income of the recipient unless there are written findings of
exceptional circumstances. §
61.08(9), Fla....
...2d 369, 370 (Fla. 4th
DCA 1987)).
A trial court may order any party who is ordered to pay
alimony to purchase or maintain a life insurance policy “[t]o the
10
extent necessary to protect an award of alimony.” § 61.08(3), Fla.
Stat....
...The newest version of this statute, effective July 1,
2023, makes this requirement explicit: “The court must make
specific findings that there are special circumstances that warrant
the purchase or maintenance of a life insurance policy or a bond to
secure the alimony award.” § 61.08(4) Fla....
CopyPublished | Florida 1st District Court of Appeal | 1968 Fla. App. LEXIS 4629
supra, the appellant’s right to alimony under Section
61.08, Florida Statutes, F.S.A., has survived appellee’s
CopyPublished | Florida 3rd District Court of Appeal | 2003 Fla. App. LEXIS 20141, 2003 WL 23094835
...t the trial court improperly intended to equalize the parties incomes. A review of the record shows that this contention lacks merit. The trial court’s order makes appropriate findings in accordance with the statutory factors to support its award. § 61.08(2), Fla....
...tion of a life insurance obligation to secure the alimony awarded to the former wife on the basis that the trial court failed to make the appropriate findings to support such an award, and no evidence was introduced on which an award could be based. § 61.08(3), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 19750, 2003 WL 23094869
...assets. The Former Wife could elect not to pay the balancing payment and would then receive $29,307.25 more in assets than the Former Husband. Furthermore, the trial court failed to make the appropriate factual findings to justify an alimony award. Section 61.08(1), Florida Statutes (2002), states that “[i]n all dissolution actions the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony.” It is well established t...
CopyPublished | Florida 3rd District Court of Appeal
...The correctness of the latter ruling is challenged by the respondent-appellant. We hold no error has been shown. The court designated the award of the property to the wife as rehabilitative alimony. That allowance was within the power and discretion of the court under § 61.08(1) & (2), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 20131, 2010 WL 5391516
...By the time of trial in August 2009, the remaining issues were equitable distribution, alimony, child support and attorney’s fees. In reaching its alimony award of one dollar per month, the trial court considered the relevant economic factors set forth in section 61.08(2), Florida Statutes (2009)....
...urisdiction should the Wife file for modification. The court also noted that the Husband would be receiving a $2,700 per diem travel reimbursement and ordered that it be paid to the Wife as a lump-sum supportive alimony. . Effective January 1, 2011, section 61.08(2), Florida Statutes, has been amended to expressly require the court to first make a specific factual determination of "actual need” and "ability to pay” in determining whether to award alimony or maintenance....
CopyPublished | Florida 2nd District Court of Appeal | 2005 WL 3556022
...We affirm on the second and third issues without further comment. However, because the trial court's order fails to make the necessary findings of fact to support the award of rehabilitative alimony, we reverse that provision of the final judgment and remand for further consideration. Section 61.08(2), Florida Statutes (2003), provides: In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to: (a) The standard of living established during the marriage....
...oyment. (f) The contribution of each party to the marriage, including, but not limited to, services rendered in home-making, child care, education, and career building of the other party. (g) All sources of income available to either party. Although section 61.08(1) requires the trial court to include in its judgment findings of fact relative to these factors, the trial court here made factual findings relative only to the Former Husband's income, the imputation of income to the Former Wife, and the standard of living established during the marriage....
CopyPublished | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 19598, 2003 WL 23014391
...eedings consistent with this opinion. VAN NORTWICK and PADOVANO, JJ., concur. . The wife’s financial affidavit included $1,725.00 in general monthly expenses related to her children and an additional $444.00 for the daughter’s car payment. . See § 61.08(3), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...Miller, Plantation, for Appellee.
SILBERMAN, Judge.
Daniel Inman, the Former Husband, seeks review of the order denying his
supplemental petition for termination or modification of spousal support as provided in a
stipulated divorce decree. The Former Husband sought termination under section
61.08(8), Florida Statutes (2016), based on the remarriage of Catherine Inman, the
Former Wife....
...He alternatively sought modification under section
61.14(1)(a), Florida
Statutes (2016), based on the changed circumstances of the parties' financial positions.
We conclude that the trial court properly determined that the language of the stipulated
divorce decree precludes termination under section
61.08(8)....
...lace and
make null and void the July 19, 2007, spousal support order,
which required Defendant to pay Plaintiff $1600 per month.
(Emphasis added.) The Former Husband sought termination of his alimony obligation
based on section 61.08(8), which provides in pertinent part, "An award of permanent
alimony terminates upon the death of either party or upon the remarriage of the party
receiving alimony." The trial court concluded that the language of the stipulated divorce
decree precluded termination under section 61.08(8).
If a marital settlement agreement provides for the continuing payment of
alimony despite the remarriage of the recipient, then its terms will control over those in
section 61.08(8)....
...by requiring
that payments continue in a specified amount until the Former Wife dies." Id. at 292.
We find the facts of this case materially indistinguishable from those in Herbst and
affirm the denial of the Former Husband's request for termination under section
61.08(8).
The Former Husband alternatively sought modification under section
61.14(1)(a), based on the changed circumstances of the parties' financial positions.
Section
61.14(1)(a) provides for the modification of alimony wh...
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 19126
...2d 611,
-4-
615 (Fla. 2d DCA 2003) ("[T]he court must specifically address the facts pertinent to
each statutory consideration . . . .").
The statute governing the award of spousal support similarly requires a
court to make specific findings of fact. Section 61.08(2) provides that in determining
whether to award spousal support, a trial court must
first make a specific factual determination as to whether
either party has an actual need for alimony or maintenance...
...under subsections (5)-(8), the court shall consider all
relevant factors . . . .
In many respects similar to those in the equitable distribution statute, the statute then
lists ten factors that the court must consider in fashioning an award of support.
§ 61.08(2)(a)-(j)....
...g
its decision to award the former wife the marital home. Furthermore, while the trial court
found that the former husband had no ability to pay permanent periodic alimony, it made
no finding regarding his ability to pay the lump sum alimony. See § 61.08(2) ("In
-5-
determining whether to award alimony ....
...lump sum alimony and unpaid child
support. The trial court made no finding as to whether the award was made for the
purpose of equitable distribution or spousal support and made no findings as to the
factors identified under sections
61.075(1) or
61.08(2)....
CopyPublished | District Court of Appeal of Florida
family’s financial position and lifestyle. See section
61.08(2), Florida Statutes (2015). On cross-appeal
CopyPublished | Florida 1st District Court of Appeal
...Canakaris v. Canakaris,
382 So. 2d 1197, 1201 (Fla. 1980); Atkins v. Atkins,
611
So. 2d 570 (Fla. 1st DCA 1992) rev. denied
623 So. 2d 493 (Fla. 1993). Based on
the evidence presented at the final hearing, and as required for an alimony award
by section
61.08(2), Florida Statutes, the trial court found that the former wife had
a need for alimony and the former husband had the ability to pay alimony. The
trial court appeared to recognize that this was a long-term marriage per section
61.08(4), Florida Statutes....
..., the
fact remains that the trial court’s award of $600 per month permanent alimony did
not adequately address the former wife’s needs, while the former husband had the
apparent ability to pay for more if not all of the former wife’s needs. § 61.08(2),
5
Fla....
...was during the marriage. Addie v. Coale,
120 So. 3d 44, 47 (Fla. 4th DCA 2013).
The portion of the final judgment awarding only $600 per month as
permanent alimony, found by the court to be the amount of the former wife’s
insurance needs, fails to comply with section
61.08(2), Florida Statutes, and is not
supported by competent, substantial evidence....
...5th DCA 2003); Thrift v. Thrift,
632 So. 2d 202
(Fla. 1st DCA 1994); Atkins.
Accordingly, the award of $600 per month in permanent alimony is reversed
and this case remanded for reconsideration of the proper amount of alimony based
on the factors listed in section
61.08(2), Florida Statutes....
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 17993, 2015 WL 7749097
...The record contains
neither a transcript nor a statement of evidence or proceedings as provided for by
Florida Rule of Appellate Procedure 9.200(b)(4).
The Former Husband contends that the trial court erred in failing to make
factual findings in support of its alimony award. Section 61.08, Florida Statutes (2012),
requires a trial court to make specific factual determinations as to whether either party
has an actual need for alimony and whether either party has the ability to pay alimony.
-2-
See Crick v....
...2d 710, 711 (Fla. 2d DCA
2001). We note that the order on appeal in this case is bereft of the requisite factual
findings and, with the exception of the findings regarding the Former Husband's
financial affidavits, merely tracked the language found in section 61.08(2)....
CopyPublished | Florida 5th District Court of Appeal
durational alimony and made findings pursuant to section
61.08, Florida Statutes (2010). The court also ordered
CopyPublished | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 18957, 2015 WL 9242457
...Feger v. Feger,
850 So.2d 611, 615 (Fla. 2d DCA 2003) (emphasis added). Second, the trial' court ordered Husband to maintain a life insurance policy on his life as security for the payment of his fifteen-year durational alimony obligation to "Wife. Section
61.08(3), Florida Statutes (2013), authorizes a trial court to order the obligated spouse to maintain a life insurance policy as security for an alimony award....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2911, 1987 Fla. App. LEXIS 11712, 1987 WL 3214
...Accordingly, we reverse the final judgment of dissolution of marriage and remand to the lower court so that the issue of alimony may be revisited, and additional *429 evidence adduced if necessary so that the court may properly consider all the criteria set forth in § 61.08, Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal | 2014 Fla. App. LEXIS 20437, 2014 WL 7202923
...emand for further proceedings. On remand, the trial court should specifically address the factors enumerated in section
61.077 and determine whether the former husband is entitled to a credit or setoff regarding the marital home. Additionally, while section
61.08(3), Florida Statutes (2010), authorizes a trial court to “order any party who is ordered to pay alimony to purchase or maintain a life insurance policy ......
CopyPublished | Supreme Court of Florida | 29 A.L.R. 3d 1179, 1968 Fla. LEXIS 1995
...ended on behalf of the husband. We held in Brackin that Rule 3.8(b) is permissive rather than mandatory; and thus the Rule is, as it must be, equally applicable to an award of alimony payable periodically, or in a lump sum, or both, as authorized by Section 61.08, Florida Statutes, F.S.A....
CopyPublished | Supreme Court of Florida
...____ Both parties have requested and the court finds that it is in the best interests of the child(ren) that support payments need not be directed through the Central Governmental Depository. However, either party may subsequently apply to the depository pursuant to section
61.08 or
61.13, Florida Statutes, to require payments through the Central Governmental Depository....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 18310
...This ruling does not disturb the husband’s obligation for the appellant’s college expenses which is properly treated as a well-justified award of rehabilitative alimony, in addition to the permanent award required by our decision. See Garrison v. Garrison,
351 So.2d 1104 (Fla. 4th DCA 1977); §
61.08, Fla.Stat....
CopyPublished | Florida 5th District Court of Appeal
common and permissible in divorce proceedings. See §
61.08(3), Fla. Stat. (2015) ; Cantrell v. Home Life Ins
CopyPublished | District Court of Appeal of Florida
3 circumstances of the parties.” See §
61.08(8), Fla. Stat. (2011) (“Permanent alimony may
CopyPublished | Florida 1st District Court of Appeal
...discretion. See Ondrejack v. Ondrejack,
839 So. 2d 867, 870 (Fla. 4th DCA 2003).
“In all dissolution actions, the court shall include findings of fact relative to the
factors enumerated in subsection (2) supporting an award or denial of alimony.”
§
61.08(1), Fla. Stat. (2011). Pursuant to Section
61.08(2), Florida Statutes, when
the trial court is determining whether to award alimony, it “shall first make a
specific factual determination as to whether either party has an actual need for
alimony or maintenance and whether either p...
...y alimony or
maintenance.” If the court determines that one party has a need for alimony and
the other has the ability to pay, then the court is required to consider all relevant
factors, including, but not limited to, the factors listed within section 61.08(2)(a)-
(j). See § 61.08(2), Fla....
...Permanent alimony may be
7
awarded following a marriage of moderate duration, if such an award is
appropriate based upon clear and convincing evidence after consideration of the
factors set forth in section 61.08(2). § 61.08(8), Fla....
...permanent periodic alimony, and as additional permanent periodic alimony ordered
the Husband to pay the Wife’s health insurance premium up to a total obligation of
$400 per month. The final judgment, however, failed to include sufficient factual
findings as required by section 61.08 to allow for a meaningful review of this
award....
...Additionally,
8
as conceded by the Wife, the final judgment does not contain sufficient findings as
to the Husband’s ability to pay.
The final judgment also lacks sufficient factual findings that take into
consideration the factors under section 61.08(2), including but not limited to a lack
of written findings as to the financial resources of each party, the value of marital
and non-marital assets and liabilities distributed to each, the standard of living
established during the m...
...case; however, the trial court’s
failure to make adequate factual findings to establish that the Wife had a need, the
Husband had the ability to pay, and that the award of alimony was appropriate after
considering all the relevant factors under section 61.08(2), was error.
In addition, the alimony award must also be reversed because the trial court
failed to expressly find that no other form of alimony would be appropriate before
awarding permanent alimony. “In awarding permanent alimony, the court shall
include a finding that no other form of alimony is fair and reasonable under the
circumstances of the parties.” § 61.08(8), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1996 Fla. App. LEXIS 12840, 1996 WL 708894
...ed these issues pursuant to this corut’s opinion before setting the amount of permanent alimony. In the absence of findings, we reverse. See Sasnett v. Sasnett,
679 So.2d 1265 (Fla. 2d DCA 1996) (reversing for failure to make findings required by. section
61.08, Fla....
CopyPublished | District Court of Appeal of Florida
fact in the order on appeal as required by section
61.08, Florida Statutes (2020), and we reverse and
CopyPublished | Florida 2nd District Court of Appeal | 2007 WL 2254579
...d surgical privileges at Palms of Pasadena Hospital in St. Petersburg, the area's then only Center of Excellence. The Husband sought permanent periodic alimony of $4000 per month, the amount he was receiving from the Wife as temporary alimony. Under section 61.08(2), Florida Statutes (2006), the trial courts must consider several factors in deciding whether to award permanent periodic alimony: (a) The standard of living established during the marriage....
...from the [wife's contribution to the] marriage." Id. The wife left the marriage with no skills lost and considerably wealthier than before the marriage. Id. This case is akin to Kremer. The disparity in the parties' incomes is not dispositive under section 61.08....
CopyPublished | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 11272, 2010 WL 3023335
...Further, the trial court set-off the Wife’s interest in the limousine business against *97 her responsibility for half of the tax liability, and allocated the remainder of the tax liability to the Husband. As to spousal support, the trial court addressed the relevant economic factors set forth in section 61.08, Florida Statutes (2008), finding that awards of permanent periodic alimony or lump sum alimony were inappropriate....
...Rivkind-Greenwald,
31 So.3d 250, 251 (Fla. 3d DCA 2010) (“Permanent alimony is generally inappropriate in a short term marriage.”); Reeves v. Reeves,
821 So.2d 333, 334 (Fla. 5th DCA 2002). Without rehashing the trial court’s findings of fact as to the factors set forth in section
61.08, we cannot find that the trial court abused its discretion by denying the Wife’s request for permanent periodic alimony....
CopyPublished | Florida 3rd District Court of Appeal
...On December 23,
2022, Former Wife filed her notice of appeal of the setoff order.
On February 8, 2023, we rendered our opinion in Stivelman I, and
reversed both the modification order and the retroactivity order because
neither order contained the findings mandated by Section 61.08 of the
Florida Statutes (2021)....
CopyPublished | Florida 1st District Court of Appeal | 2013 WL 4614732, 2013 Fla. App. LEXIS 13971
...The trial court awarded the former wife, 68 years old in 2011, only “bridge the gap/durational alimony for a period of 36 months” in the amount of $700.00 per month. It is unclear how the trial court arrived at its decision as to the type or amount of alimony or where the former wife will now be able to live. Section 61.08 requires the trial court to consider the parties’ need for alimony and their ability to pay, § 61.08(2), Fla. Stat. (2010), taking into account the financial resources of each party and all sources of income available to either party. See § 61.08(2)(d),(i), Fla....
...between the parties’ incomes or explaining the three-year limit in a case where both parties’ working lives may well be nearing an end. Durational alimony 2 is intended “to provide a party with economic assistance for a set period of time.” § 61.08(7), Fla....
...omes and the financial resources of both parties, we remand for findings of fact relating to the award of alimony. See Kemmet v. Kemmet,
885 So.2d 408, 409 (Fla. 1st DCA 2004) (“Because the trial court did not make the findings of fact mandated by section
61.08(1), Florida Statutes (2003), regarding the amount of alimony it awarded and we are unable to divine from the record how it arrived at the amount (which appears somewhat low), we reverse the alimony award and remand for the required findings.”)....
...BENTON, THOMAS, and CLARK, JJ., concur. . The wife is to receive a total of $1,245 per month ($405 from social security, $140 from the husband’s pension plan, and $700 alimony) for 36 months. . Bridge the gap alimony is limited to a period of two years. See § 61.08(5), Fla....
CopyPublished | Supreme Court of Florida | 1980 Fla. LEXIS 4345
public interest: May a trial court, pursuant to Section
61.08(2), Florida Statutes (1977), base an award of
CopyPublished | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 12711, 2015 WL 5023119
...Accordingly, we reverse on this issue and
direct the trial court to omit this asset from the equitable distribution and rebalance the
distribution accordingly.
We now turn to the support provisions of the judgment. On the question of
alimony, a twenty-two-year marriage is presumed to be long term, § 61.08(4), and there
is a presumption in favor of alimony when warranted by one party's need and the other
party's ability to pay....
...Niekamp's request for alimony altogether.
-6-
When considering the evidence of Mr. Niekamp's need, we note that the
psychologist testified that Mr. Niekamp was currently unable to work due to his mental
health issues. See § 61.08(2)(c), (e) (requiring consideration of parties' physical and
emotional condition and employability in alimony determination)....
CopyPublished | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 1990, 1988 Fla. App. LEXIS 4002, 1988 WL 87452
...uiring appellant to secure the payment of alimony by an unencumbered life insurance policy naming the wife as beneficiary; and (2) ordering appellant to pay the wife’s attorney’s fees and costs. We affirm. This court has recently held that under Section 61.08(3), Florida Statutes (1985), 1 a trial court may, where the circumstances so warrant, require a party who is ordered to pay alimony to purchase or maintain a life insurance policy to secure such alimony....
...ment of alimony by obtaining a life insurance policy was proper. We also affirm on the second issue pertaining to the trial court’s ordering appellant to pay the wife’s attorney’s fees and costs. AFFIRMED. SMITH, C.J., and BOOTH, J., concur. . Section 61.08(3), Florida Statutes (1985) provides in pertinent part: (3) To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, o...
CopyPublished | Florida 5th District Court of Appeal | 2013 WL 4482994, 2013 Fla. App. LEXIS 13449, 38 Fla. L. Weekly Fed. D 1804
...on. Having carefully reviewed the record, we disagree and affirm. Our affir-mance is, however, without prejudice to Mr. Demarco to seek a modification of the amount of his alimony upon retirement. See Pimm v. Pimm,
601 So.2d 534 (Fla.1992); see also §
61.08(7), Fla....
CopyPublished | Florida 5th District Court of Appeal | 2013 WL 4483065, 2013 Fla. App. LEXIS 13451
...pecial force when the alimony at issue is expressly designed to provide immediate funds to the financially disadvantaged spouse with legitimate identifiable short term needs in order to cushion the transition away from being married to being single. § 61.08(5), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 11900, 2001 WL 946490
...bridge-the-gap” measure to help the recipient spouse make the transition from a married to a single state. Corchado v. Corchado,
648 So.2d 1261, 1261 (Fla. 4th DCA 1995). We hold the court’s findings were sufficient to comply with the factors in section
61.08(2), Florida Statutes (1999), so as to support the award....
CopyPublished | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 12202, 2010 WL 3269238
...Our standard of review is abuse of discretion. Buxton v. Buxton,
963 So.2d 950, 953 (Fla. 2d DCA 2007). The trial court, after using the criteria set forth in section
61.14(1)(b)2., Florida Statutes (2007), to find a supportive relationship, properly considered the criteria set forth in section
61.08(2) in making its determination to terminate permanent alimony....
CopyPublished | Florida 2nd District Court of Appeal
CopyPublished | Florida 3rd District Court of Appeal
...were verified by the husband under penalties of perjury. In these
circumstances, the trial court did not depart from the essential requirements
of law in finding that the husband himself, not merely his attorney, put the
husband’s mental and medical condition in controversy. See § 61.08(3)(c),
Fla....
CopyPublished | Florida 4th District Court of Appeal
...If the Florida Legislature intended to
permit a lump sum child support award, then perhaps the Legislature
would have included such a provision within the child support provisions
of section
61.30, Florida Statutes (2016), as it did within the alimony
provisions of section
61.08(1), Florida Statutes (2016): “In any award of
alimony, the court may order periodic payments or payments in lump sum
or both.” On remand, as the former husband concedes, instead of a lump
sum child support award, the trial court may...
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 3328895, 2012 Fla. App. LEXIS 13552
...We affirm the final judgment of dissolution, finding no abuse of discretion in the circuit court’s award of durational alimony or guidelines child support. We briefly discuss the alimony award. These material facts support the alimony award. This was a “moderate-term” marriage within the meaning of section 61.08(4), Florida Statutes (2010)....
...In 2010, the legislature changed the alimony statute and created a new form of alimony called “durational” alimony. See Ch. 2010-199, Laws of Fla. The 2010 amendments apply to all initial awards of alimony entered after July 1, 2010. Id. at § 2. Because the alimony award in this case was made in April 2011, section
61.08, Florida Statutes (2010) governs this case. As a “gray area” or “moderate-term marriage” under section
61.08(4), there is no presumption for or against permanent alimony. Hornyak v. Hornyak,
48 So.3d 858, 861 (Fla. 4th DCA 2010). The trial court made the findings required by section
61.08(a)-(j)....
...4th DCA 2003), so disparity in income alone does not justify an award of permanent alimony. See Segall v. Segall,
708 So.2d 983, 987 (Fla. 4th DCA 1998). Alimony is a creation of statute. See Pacheco v. Pacheco,
246 So.2d 778, 780 (Fla.1971). Before the 2010 amendments to section
61.08, gray area cases often involved the choice between permanent alimony and bridge-the-gap alimony....
...ited utility, since they evaluate a different type of choice made by the trial judge. “The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration.” § 61.08(7), Fla....
...We note that the legislature made further revisions to the alimony statute in 2011. One such revision is that a court awarding permanent alimony “shall include a finding that no other form of alimony is fair and reasonable under the circumstances of the parties.” § 61.08(8), Fla....
...Stat. (2011). Another such change is that for a marriage of moderate duration, “[p]ermanent alimony may be awarded” if “such an award is appropriate based upon clear and convincing evidence after consideration of the factors set forth” in subsection 61.08(2)....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 8555, 1995 WL 478285
PER CURIAM. We reverse the order of dissolution and remand the case with directions to the lower court to make specific findings pursuant to section 61.08, Florida Statutes (1993), as to why it denied appellant’s claim for alimony....
CopyPublished | Florida 3rd District Court of Appeal | 12 Fla. L. Weekly 1956, 1987 Fla. App. LEXIS 9814
...Based on this record, the trial court could have reasonably concluded that Mr. Owsley could afford the award, and that Mrs. Owsley was in need of same. See Newell v. Newell,
464 So.2d 222 (Fla. 3d DCA 1985); Roffe v. Roffe,
404 So.2d 1095 (Fla. 3d DCA 1981); §
61.08, Fla.Stat....
CopyPublished | Florida 2nd District Court of Appeal
...gs or evidence.1
1The former wife did not participate in this appeal.
Because the trial court failed to make sufficient factual findings to allow for meaningful
review and otherwise failed to make the express finding mandated by section 61.08(8),
Florida Statutes (2014), we reverse the portion of the final judgment related to alimony.
The trial was held on August 18, 2016....
...hould be imputed to the husband, such
imputation must be based on a finding that the husband is capable of earning a
specified, imputed amount and that he could, in fact, earn this amount by using his best
efforts.").
Additionally, section 61.08(8) provides that "[i]n awarding permanent
alimony, the court shall include a finding that no other form of alimony is fair and
reasonable under the circumstances of the parties." (Emphasis added.) The court did
not expressly make this finding or specifically reference subsection (8). Rather, the
court indicated the following, in part, with respect to section 61.08(2) and section 61.08
generally: "The [former] [w]ife showed she had a need for alimony and the [former]
[h]usband showed that he had an ability to pay. . . . In determining [a]limony, all issues
were considered in conjunction with Florida Statute 61.08 ....
...1st
DCA 2014))); Taylor v. Taylor,
177 So. 3d 1000, 1003 (Fla. 2d DCA 2015) ("[W]hen
[permanent alimony] is awarded the court must 'include a finding that no other form of
alimony is fair and reasonable under the circumstances of the parties.' " (quoting §
61.08(8), Fla. Stat. (2012))); Jordan v. Jordan,
199 So. 3d 343, 345 (Fla. 4th DCA 2016)
("The trial court did, however, fail to make the requisite finding that no other form of
alimony would be fair and reasonable. Section
61.08(8) provides: 'In awarding
-6-
permanent alimony, the court shall include a finding that no other form of alimony is fair
and reasonable under the circumstances of the parties.' §
61.08(8), Fla....
CopyPublished | Florida 1st District Court of Appeal
...judgment dissolving his marriage to Former Wife, Kellie Michelle
Stockdale. Former Husband argues that the circuit court erred
when it awarded permanent alimony to Former Wife. He argues
that the petition for dissolution was still “pending” on July 1, 2023,
when the amendments to section 61.08, Florida Statutes (2023),
eliminating permanent alimony for both “pending” and future
cases, became effective....
...Former Husband timely appealed.
In 2023, the Legislature passed the alimony reform bill,
which, among other changes, eliminated permanent alimony. See
Ch. 2023-315, Laws of Fla. The amended statute limited the forms
of alimony to temporary, bridge-the-gap, rehabilitative, and
durational. § 61.08(1)(a), Fla. Stat. (2023). The Legislature
specified that the amendment applied “to all initial petitions for
dissolution of marriage or support unconnected with dissolution of
marriage pending or filed on or after July 1, 2023.” § 61.08(11),
Fla....
...2021).
Although this court and others have addressed generally and
in different contexts what it means for an action to be pending,
this court has not addressed the meaning of the term “pending” as
used to modify the term “petition” in section 61.08(11)....
...taken or time for an appeal expires. . . [when] an appeal is taken,
the action is still pending until final disposition”). Although
another district court recently relied on this court’s decision in
Wilson when construing the meaning of the word “pending” in
section
61.08(11), we find that Wilson has no application to our
determination of what it means for a petition for dissolution to
be “pending” under chapter 61. See Woodward v. Woodward, No.
2D2023-0529,
2025 WL 258917 (Fla. 2d DCA Jan. 22, 2025) (citing
Wilson and holding that a dissolution petition was pending within
the meaning of section
61.08(11), Florida Statutes (2023), when
the final judgment was entered on February 17, 2023, but the
appeal was pending in the district court on July 1, 2023)....
...3d 1070, 1079
(Fla. 2020) (“It is a fundamental principle of statutory construction
(and, indeed, of language itself) that the meaning of a word cannot
be determined in isolation, but must be drawn from the context in
which it is used.”) (citation omitted). Section 61.08 requires “the
court” to apply “this section to all initial petitions for dissolution of
marriage ....
...because the circuit court, with the constitutional and statutory
authority to act on the petition, had not yet entered judgment.
6
But even though the initial petition was still pending on the
effective date of the amendment to section 61.08, the circuit court
concluded that the amendment did not apply because Former Wife
already had a substantive vested right to permanent alimony....
CopyPublished | Florida 3rd District Court of Appeal | 1997 Fla. App. LEXIS 3235, 1997 WL 163566
...in annual income, we remand for the trial court to make specific factual findings as to the sources of the income and any adjustments to it that are germane to his ability to pay support. Bimonte v. Martin-Bimonte,
679 So.2d 18 (Fla. 4th DCA 1996); §
61.08(2)(g), Fla....
CopyPublished | District Court of Appeal of Florida
living established during the marriage under section
61.08(2)(a), Florida Statutes (2019). She also challenges
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19726
...f discretion in these determinations and reject the appellant’s claims that she was entitled, as a matter of law, to permanent periodic alimony or to a larger lump sum share of the substantial assets accumulated by the husband during the marriage. Section 61.08, Florida Statutes (1979); Canakaris v....
...no longer live together happily and thus that the marriage becomes irretrievably broken — who, *406 in a word, wants the marriage to end — and then seeks the same financial rewards which would have accrued if the marriage had continued. See Sec. 61.08(2), Fla.Stat....
CopyPublished | District Court of Appeal of Florida
as it is for calculating child support. Compare §
61.08, Fla. Stat. (2021), with §
61.30(3), Fla. Stat
CopyPublished | Florida 2nd District Court of Appeal | 2017 WL 1277733, 2017 Fla. App. LEXIS 4620
...e to
Kevin Craig Cook, arguing on appeal that the trial court erred in failing to award her
permanent alimony. We reverse because the trial court failed to include specific
findings of fact relating to alimony in the final judgment as required by section 61.08,
Florida Statutes (2015).
The parties' eighteen-year marriage is considered a long-term marriage for
purposes of determining alimony.1 See § 61.08(4). Section 61.08(8) provides that a
trial court may award permanent alimony following a long-term marriage if the award is
appropriate after considering the factors set forth in subsection (2)....
...her party has the ability to pay alimony or
maintenance." (Emphasis added.)2
In the present case, the trial court failed to make any factual findings
regarding the Wife's need and the Husband's ability to pay alimony as required by
section 61.08(2)....
...The only finding that the trial court made regarding alimony is the
following: "There was no competent substantial evidence to support the wife's request
for alimony. The Court has reviewed the Wife's alimony claim in accordance with
Florida Statute 61.08."
The failure of a trial court to include statutorily required findings of fact to
support its denial of alimony is error....
...on for
dissolution of marriage on May 7, 2015.
2
If the trial court finds that one party has a need for alimony and the other
party has the ability to pay alimony, then the trial court must consider ten factors listed
in section 61.08(2) in determining what type and the amount of alimony to award.
-2-
Husband's ability to pay, the parties' incomes and expenses, and the factors listed in
section 61.08(2)(a)-(j)")....
...ies' incomes, that there was "no competent
substantial evidence" to support the request for alimony to the Wife. See id. at 78.
We reverse the final judgment and remand for the trial court to make
appropriate findings as required by section 61.08....
CopyPublished | Florida 1st District Court of Appeal
addressed why section
61.14, Florida Statutes—not section
61.08—applies to modifications of alimony. Our analysis
CopyPublished | Florida 3rd District Court of Appeal
...§
61.075(8), Fla. Stat. (“All assets acquired and liabilities incurred by either
spouse subsequent to the date of the marriage and not specifically
established as nonmarital assets or liabilities are presumed to be marital
assets and liabilities.”); §
61.08(2), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 6032, 2004 WL 913249
...ide for consideration of any passive increases or decreases from the valuation date until the actual date of distribution in Steven Nail’s share. In awarding lump sum alimony, the trial court failed to include any findings regarding the factors in section 61.08, Florida Statutes, other than the duration of the marriage....
CopyPublished | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 6454
is authorized by the provisions of F.S.1969, section
61.08, F.S.A., even though an immediate award of periodic
CopyPublished | Florida 1st District Court of Appeal
...nal judgment and
considering the uncontroverted evidence at trial that Former
Wife’s employment in this family business was temporary and
sporadic, no abuse of the trial court’s discretion by imputing only
minimum-wage income is established. See § 61.08(2)(e), Fla.
Stat....
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 4316, 2002 WL 491867
...t the Florida temporary alimony award terminate. The trial court denied the motion, and the former husband has *211 appealed. 3 II. Under Florida law, “In a proceeding for dissolution of marriage, the court may grant alimony to either party....” § 61.08(1), Fla....
...The Puerto Rican judgment did not divide the parties’ property or award permanent alimony, nor did it address any of the child custody issues. 4 As we see it, the Florida proceeding is still properly viewed as being a “proceeding for dissolution of marriage” within the meaning of section 61.08....
CopyPublished | Florida 4th District Court of Appeal | 1977 Fla. App. LEXIS 15849
...who has neither the resources nor the ability to be self-sustaining. Tierney v. Tierney,
290 So.2d 136 (Fla.2d DCA 1974). “In determining a proper award of alimony, the court may consider any factor to do equity and justice between the parties.” Section
61.08(2), Florida Statutes (1975)....
CopyPublished | Florida 5th District Court of Appeal | 2017 WL 1548030, 2017 Fla. App. LEXIS 5939
...e marital home.
Second, she asserts that the trial court erred in its distribution of the marital credit card
debt. Third, she argues that the court improperly denied her claim for alimony without
making the requisite findings of fact pursuant to section
61.08, Florida Statutes (2015).
Finally, Former Wife claims that the court erred in denying her request for an award of
attorney’s fees without making specific factual findings under section
61.16, Florida
Statutes (2015), regarding the parties’ respective need and ability to pay....
CopyPublished | Florida 2nd District Court of Appeal
...court erred in ordering that the Wife's alimony was taxable income.
B. Need and Ability to Pay Alimony
In deciding whether to award alimony, the trial court must first
determine if either party has a need for alimony and if the other party
has the ability to pay alimony. § 61.08(2), Fla....
CopyPublished | Florida 1st District Court of Appeal
...While
temporary alimony awards are within the trial court’s sound
discretion, there must be competent substantial evidence showing
that the payee has a need and the payer has the ability to pay.
Buchanan v. Buchanan,
225 So. 3d 1002, 1003 (Fla. 1st DCA 2017);
§
61.08(2), Fla....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14504
...Under these circumstances, we hold that the trial judge’s order departed from the essential requirements of law. Rule 1.280(b), Florida Rules of Civil Procedure, provides that the scope of discovery is restricted to that which “is relevant to the subject matter of the pending action . .” Section 61.08(2), Florida Statutes (1977) provides: “In determining a proper award of alimony, the court may consider any factor necessary to do equity and justice between the parties.” Thus, where the subject matter is alimony, only those facts which are “necessary to do equity and justice ....
...Today we hold only that where an analysis of the need of one spouse and the ability of the other to pay demonstrates that both parties will suffer economic hardship as a result of any division of available resources the court might make, the court may then consider, as an equitable circumstance under section 61.08(2), Florida Statutes (1975), any conduct of either party which may have caused the difficult economic situation in which they stand before the court....
CopyPublished | Florida 4th District Court of Appeal | 2013 Fla. App. LEXIS 6554, 2013 WL 1748709
...aspects of the dissolution inappropriate. Merritt v. Merritt,
802 So.2d 1206, 1209 (Fla. 2d DCA 2002) (quoting Whack v. Seminole Mem’l Hosp., Inc.,
456 So.2d 561, 563 (Fla. 5th DCA 1984)); Briseno v. Perry,
417 So.2d 813, 814 (Fla. 5th DCA 1982). Section
61.08(1), Florida Statutes (2008), authorizes permanent alimony “payments in lump sum.” Lump sum alimony is “not actually a third type of alimony” but “a means to accomplish the ends of rehabilitative or permanent alimony.” Borchard v....
CopyPublished | Florida 3rd District Court of Appeal | 2003 Fla. App. LEXIS 5677, 2003 WL 1916789
...the wrong reason.” See Farrey’s Wholesale Hardware Co. v. Hobesound Industrial Park, Inc.,
719 So.2d 374, 375 (Fla. 3d DCA 1998). She maintains that in reality the assignment of the note was a lump sum alimony award, needed for her support. See §
61.08(1), Fla....
...Accordingly, we reverse that part of the final judgment ordering the assignment of the note. We remand for the trial judge to review the wife’s need for support and the husband’s ability to pay in light of this decision, taking additional evidence as he deems necessary. The balance of the order is affirmed. . Section 61.08, Florida Statutes (2002), provides: (2) In determining a proper award of alimony or maintenance, the court shall consider all relevant economic factors, including but not limited to: (a) The standard of living established during the marriage....
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 5564, 2005 WL 924260
...valuation of the marital home, and the court’s valuation of the Wife’s van. The Husband raises several challenges to the trial court’s award of alimony to the Wife. He contends that the court failed to make the findings of fact required under section 61.08, Florida Statutes (2003), that there was no evidence to support the required findings if they had been made, and that the court erred in ordering the alimony to be paid over a five-year term....
...The Husband is correct in his allegation that the trial court failed to make the statutorily-required findings in support of the award. Before entering an award of alimony, the trial court is required to consider and include findings of fact relative to the following factors set forth in section 61.08: (1) the standard of living established, during the marriage; (2) the duration of the marriage; (3) the age and physical and emotional condition of the parties; (4) the financial resources of the parties, including the nonmarital and ma...
...In her financial affidavit, the Wife valued it at $4000. The record offers no support for the trial court’s valuation of the van at zero. Thus, the valuation must be reversed. In summary, we reverse the award of alimony and remand for entry of proper findings in support of the award pursuant to section 61.08....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 16555
1197 (1980), and in accord with Florida Statutes §
61.08, and the decisions of this court in Brown v. Brown
CopyPublished | Florida 3rd District Court of Appeal | 1993 Fla. App. LEXIS 4545, 1993 WL 120540
...not have relied on an adulterous act of the husband which was committed eighteen years prior to the filing of the dissolution petition, which had no economic consequences. The case is remanded for a determination based on the criteria enumerated in section 61.08, Florida Statutes (1991)....
CopyPublished | Florida 4th District Court of Appeal
...judgment of dissolution was not entered until June 15, 2022. On its face,
the final judgment is confusing and inconsistent regarding certain
financial issues.
We reverse the alimony award for further proceedings. The court failed
to make sufficient findings under section 61.08(2)(h), Florida Statutes
(2022), concerning the “tax treatment and consequences to both parties of
any alimony award.” Rosaler v....
...On remand, the court shall recalculate the husband’s net
income and explain how the amount was calculated. The court may take
additional testimony. The court appears to have ordered permanent
alimony of $9,630.38 per month on the husband’s net monthly income of
$15,464.10, but made no written finding under section 61.08(9)
identifying the “exceptional circumstances” that would justify the award.
See, e.g., Rabadan v....
CopyPublished | Florida 5th District Court of Appeal | 2014 WL 1491110, 2014 Fla. App. LEXIS 5628
...the type and amount of alimony until there is proof produced at trial that there is a need .... ” On appeal, the former wife argues that the trial court erred in denying her permanent alimony when it failed to make the factual findings required by section 61.08, Florida Statutes (2012). A final judgment awarding or denying alimony must contain findings of fact relative to the specific, non-exhaustive list of factors enumerated in section 61.08(2). See § 61.08(1), Fla. Stat. (2012) (“In all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony”). Section 61.08(2), Florida Statutes (2012), mandates that the trial court evaluate any relevant economic factors, including the parties’ earning ability, age, health, education, standard of living during the marriage, value of each party’s estate and contribution to the marriage....
...2d DCA 2006). In conducting the required evaluation, the trial court must make findings of fact regarding each listed factor. Ryan,
927 So.2d at 112 . This Court has consistently held that a trial court’s failure to make the findings of fact, as section
61.08 requires, constitutes reversible error....
...Williams,
923 So.2d at 608 . After a thorough review of the record, we find that is the case here. The parties’ eighteen-year marriage was a long-term marriage, and therefore, subject to the presumption for permanent, periodic alimony if a need was demonstrated. See §
61.08(4), Fla....
...husband’s ability to pay. McCants,
984 So.2d at 683 . Accordingly, we reverse the final judgment as it relates to the issue of alimony. The parties are entitled to findings, based on the evidence in the record and all of the factors enumerated in section
61.08(2)(a)-(j). See §
61.08(8), Fla....
CopyPublished | Florida 5th District Court of Appeal | 1999 Fla. App. LEXIS 4897, 1999 WL 218717
...surance to secure the payment of his alimony and child support obligations. We affirm. Review of the final dissolution judgment demonstrates that the trial court properly complied with the statutory requirements for determining an alimony award. See § 61.08, Fla....
CopyPublished | Florida 4th District Court of Appeal
...2
“For alimony purposes, trial courts may impute income to a voluntarily
unemployed or underemployed spouse in determining the parties’ earning
capacities, sources of income, and financial circumstances. See §
61.08(2)(e), (i), (j), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2016 Fla. App. LEXIS 5796, 2016 WL 1534079
...3d 340, 343
(Fla. 1st DCA 2013) (finding remand of equitable distribution portion warranted
remand of the other financial aspects of the final judgment) (citing Branch v. Branch,
775 So. 2d 406, 408 (Fla. 1st DCA 2000)).
As to the alimony award itself, section
61.08(2), Florida Statutes (2015),
directs the trial court to first make a specific factual determination as to whether
either party has an actual need for alimony and whether the other party has the ability
1
The former husband also ar...
...Because we find the former husband
failed to meet his burden of proof below, we affirm this issue without comment.
2
to pay. See Walker v. Walker,
85 So. 3d 553, 554 (Fla. 1st DCA 2012). If the trial
court so determines, it must then consider all of the relevant factors in section
61.08(2)(a)-(j), Florida Statutes (2015). The parties here were married for 33 years,
which is considered a long-term marriage that raises a rebuttal presumption of
entitlement to permanent alimony. See §
61.08(4), Fla....
...pronouncement, the trial court contradicted itself by apparently calculating the
$3,500 per month alimony award based on the former husband’s salary when he was
3
working seven days a week and overtime. 2 While section 61.08(2)(i), Florida
Statutes (2015), directs the trial court to consider “[a]ll sources of income available
to either party,” which often includes overtime and bonuses, the trial court here
simultaneously recognized that a seven-day work week is not reasonable....
...fitness after awarding the former wife $3,500 in permanent periodic alimony plus
COBRA health insurance coverage, the marital home, and half of the former
husband’s retirement funds. On remand, the trial court should make the specific
factual findings required by section
61.08, address the discrepancies in the award,
and provide a specific factual basis for the amount of alimony awarded.
As to the attorney’s fee award, section
61.16, Florida Statutes (2015), allows
the trial court to order a party...
CopyPublished | Florida 1st District Court of Appeal | 2011 Fla. App. LEXIS 5428, 2011 WL 1451755
...The court erred, however, by (III) failing to consider the wife’s nonmari-tal assets when determining the issue of alimony, and (IV) dividing the husband’s Social Security benefits as a marital asset. The lower court considered each of the economic factors listed in section 61.08(2), Florida Statutes (2007), when deciding whether to award alimony to the husband....
CopyPublished | Florida 2nd District Court of Appeal | 2011 Fla. App. LEXIS 5358, 2011 WL 1434902
...ourt to award nominal alimony of $1 per year to the Wife. In all other respects, the final judgment of dissolution is affirmed. Affirmed in part, reversed in part, and remanded with instructions. ALTENBERND and SILBERMAN, JJ., Concur. . We note that section 61.08(4), Florida Statutes (2010), which describes a "moderate-term marriage” as one "having a duration of greater than 7 years but less than 17 years,” does not apply to this case, which was filed in October 2008.
CopyPublished | Florida 2nd District Court of Appeal
...See Esaw v.
Esaw,
965 So. 2d 1261, 1264–65 (Fla. 2d DCA 2007) (explaining that a failure to
provide a transcript or an adequate substitute is "usually fatal" to the appellant's claim
that the trial court failed to make adequate findings under section
61.08); see also
Frezza v....
CopyPublished | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 4738, 2001 WL 356240
...ner, we certify conflict with Burkhart v. Burkhart,
731 So.2d 733 (Fla. 1st DCA 1999). The former husband argues that section
61.14 does not empower a court to modify an alimony award to require the payor to secure the obligation. We disagree. See §§
61.08(3),
61.14, Fla. Stat. (1999); Stem v. Stem,
75 So.2d 810 (Fla.1954) (holding that provisions of section 65.08, Florida Statutes (1949), now section
61.08, allow court to impose requirement to secure alimony for the first time in post-judgment proceedings). See also Black v. Miller,
219 So.2d 106 (Fla. 3d DCA 1969); Carter v. Carter,
164 So.2d 219 (Fla. 1st DCA 1964). Section
61.08(3), Florida Statutes (1999) provides: To the extent necessary to protect an award of alimony, the court may order any party who is ordered to pay alimony to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets which may be suitable for that purpose....
...We recognize that the First District has interpreted section
61.14 as prohibiting a trial court from modifying an alimony award in this manner. See Burkhart v. *1194 Burkhart,
731 So.2d 733 (Fla. 1st DCA 1999). Burkhart , however, does not discuss the expansive language in section
61.08 or the supreme court’s interpretation in Stem of prior but similar versions of section
61.14 and section
61.08....
