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Can You Obtain That Financial Information From Your Spouse?

You are in a post-dissolution of marriage case. You have filed a motion for contempt against your spouse for failure to pay alimony. Your spouse has filed for a Modification of Alimony. You want certain financial information from your spouse. You want that financial information to show that your spouse has the money and ability to pay alimony; and that the court should not reduce your alimony. Your spouse may argue that the financial information you want to obtain is related to assets awarded to your spouse in equitable distribution; and therefore you should not be allowed that financial information.  

Will you be able to obtain the financial information you are requesting? The question that should be asked is whether the financial information that you are requesting is reasonably calculated to lead to the discovery of admissible evidence. That is the analysis the trier of fact-the trial judge must determine in deciding whether to allow you to obtain the financial information. 

The issue to be argued to the court is whether the trial judge should consider assets awarded to the former spouse in equitable distribution. A trial court can and should consider such assets. However, requiring the former spouse to exhaust those assets to make alimony payments would render the alimony obligation inequitable. A court in its computation of alimony should impute income that could reasonably be projected on a former spouse’s liquid assets.   

When the requested discovery is relevant or is reasonably calculated to lead to the discovery of admissible evidence and the order denying the discovery of admissible evidence effectively eviscerates a party’s claim, defense, or counterclaim, relief by writ of certiorari is appropriate. 

Florida Statute 61.08(2)(d), 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 nonmarital and the marital assets and liabilities distributed to each. Section 61.08(2)(g) requires a court to consider all sources of income available to either party. 

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.