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How Does the Court Determine Alimony in the Orlando, Florida Area?

In the Orlando, Florida area the court must determine one party’s need and the other party’s ability to pay in order to make a determination on whether alimony should be awarded. In determining whether to award alimony, the trial court must 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. 

According to Florida Statute 61.08(2), the failure of the trial court to make specific findings regarding need and ability to pay may preclude meaningful appellate review and result in a case having to be reversed and remanded. The trial court commits reversible error by setting alimony without finding the amount of receiving spouse’s needs. It is not good enough for the court to state limited financial resources. There must be findings specifically establishing the amount of the need of alimony. 

The court’s determination of ability to pay must be based on the party’s net income. An award of alimony must be based on the income available to the party, the party’s net income. What does that mean? For a W-2 wage earner, it means the amount you take home after taxes are taken out of your pay. You also deduct mandatory union dues. 

When you fill out the required Florida Supreme Court financial affidavit, it starts with your gross income. It tells you what to list and include in the gross income. It then explains what you may legally deduct to get to your net income. If you have a CPA, they can assist you with this. If you are a business owner, you can have a financial expert determine and testify as to what your gross income and net income is from the business. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.