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If My Spouse Refuses to Work, Do I Have to Pay for Everything in a Lake Mary, Florida Divorce?

If your spouse is voluntarily unemployed or  underemployed, then you can request that they pay their legal share. Under Florida Statute 61.30(2)(b), a court must impute income to an unemployed or underemployed parent if such unemployment or underemployment is found by the court to be voluntary on that parent’s part, absent a finding of fact by the court of physical or mental incapacity, or other circumstances over which the parent has no control. 

If the court determines that the parent is voluntarily unemployed or underemployed, the employment potential and probable earnings level of the parent shall be determined based upon his or her recent work history, occupational qualifications and prevailing earnings level in the community if such information is available.

This imputing income involves a two-step analysis: (1) the determination of whether the parent’s underemployment is voluntary, and (2) if so, the calculation of imputed income. The parent asserting that income should be imputed to the other parent bears the burden of proof. A trial court’s imputation of income must be supported by competent substantial evidence. Imputing income is in error where there is insufficient evidence to support a finding that the parent is voluntarily underemployed.

A spouse may motion the court for a vocational expert to evaluate the other spouse to determine and show they are voluntarily underemployed. If the court grants the motion, then the vocational expert will evaluate your spouse and, if necessary, testify in court regarding the earning capacity of your spouse and the jobs available in the community. They will determine this based on the spouse’s education, qualifications, and prior work history.

If you cannot afford to hire a vocational expert, then you can present evidence of your spouse’s  work history for the last five years. You can also motion the court for a third party subpoena to obtain the work records from your spouse from their employer. You may be able to use those work records to show why your spouse left their job.

If the court imputes income to the spouse, then that amount of income can be calculated in the child support guideline worksheet when the court  calculates child support and in the court calculates alimony under the durational alimony formula.

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. You may also visit my website at: https://www.annmariegildenlaw.com

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