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Can the Court Impute Income to a Spouse in an Orlando, Florida Divorce in Order to Prove Alimony?

It is well settled that a trial court, who has made a finding that a party is voluntarily unemployed or underemployed, may properly impute income to that party based upon the party’s demonstrated earning capacity. First, the court must conclude the termination of income was voluntary. Second, the court must determine whether the subsequent unemployment resulted from the spouse’s pursuit of his own interests or through less than diligent and bona fide efforts to find employment paying income at a level equal or better than that formerly received.

A trial court can impute income where a spouse has failed to use his or her best efforts to earn income. The appellate court will not disturb such a ruling that is supported by the evidence and satisfies the general test of reasonableness.

The Florida Supreme Court and other district courts have suggested that a presumption arises from a spouse’s historical earnings that supports finding the spouse can continue to earn the same amount, absent evidence to the contrary. Where the former spouse has ability to earn if he/she desires, the trial judge may impute an income to the spouse according to what he/she could earn by the use of his/her best efforts to gain employment equal to his/her capabilities, and on that basis enter an award of alimony as if the spouse were in fact earning the income so imputed.

This is important information if you are trying to prove that your spouse has the ability to pay you alimony.  First, you must prove you have a need for alimony. Then, you must prove that your spouse has the ability to pay alimony. At the underemployed pay rate, your spouse may not be able to afford to pay alimony. He/she may not have the ability to pay. However, if the court finds the spouse is voluntarily underemployed, then the judge may impute income to the spouse. At that point, with the imputed income to he/she, the spouse may now have the ability to pay alimony. That is why the proof may be crucial to your alimony case.

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 it does not form an attorney-client privilege.