Alimony §61.08, Fla. Stat. Part 1 of 9 | Divorce Attorney Fort Myers/Cape Coral

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. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.

Below please find some general information regarding Alimony and how it is awarded.

A. NEED & ABILITY: Specific factual determination of whether either party has

  1. Actual Need (court finding required first before consider factors)
  2. Ability to Pay (court findings required first before consider factors)
  • The party requesting alimony has the burden to prove an actual need and the other party’s ability to pay alimony. Demont v.  Demont, 67 So.3d 1096, 1101 (Fla.  1st DCA  2011).
  • In proving need, the spouse requesting alimony has the burden of establishing the income available to him or her. Esaw v. Esaw, 965 So.2d 1261, 1266 (Fla. 2d DCA 2007). After that burden has been met, the burden then shifts to the spouse from whom alimony is sought to adduce evidence that rebuts the requesting spouse’s evidence on that issue. Id. at 1267.
  • 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. Yacht v. Yauch, 901 So.2d 920 (Fla. 2d DCA 2005)

For more information, please contact us to schedule your consultation.

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