Trial court must consider all 61.08 factors, including pre-dissolution debts. “We reverse the trial court’s award of $1,500 per month in permanent periodic alimony, and $18,000 in retroactive alimony, as we conclude that the trial court’s financial analysis was tainted by its failure to properly consider all of the relevant factors pursuant to section 61.08. [...]

In calculating ability to pay, courts must factor in voluntary contributions to investment. “Additionally, trial courts must factor in the paying spouse’s voluntary contributions to invest¬ments, savings, and retirement plans in making the “ability-to-pay alimony calculation.” Geoghegan v, Geoghegan, 969 So. 2d 482, 486 (Fla. 5th DCA 2007); see also Martinez v. Abinader, 37 So. [...]

Alimony –  Bridge the Gap Alimony in Florida Bridge the gap alimony is appropriate where the receiving spouse is employed, possesses adequate employment skills, and requires no further rehabilitation.  “In contrast to permanent periodic alimony, ‘[b]ridge-the-gap alimony is designed to ease the transition of a spouse from married to single life.’ Hornyak, 48 So. 3d [...]

Alimony –  Standard of Living in Florida Disparity in income alone does not justify an award of permanent periodic alimony. “This court has recognized that ‘[d]isparity in income alone does not justify an award of permanent periodic alimony’ and that ‘[a]n award of permanent alimony is improper where the evidence does not reflect permanent inability [...]

Alimony –  Standard of Living in Florida Alimony is not intended to fund the enjoyment of every luxury enjoyed before the divorce.  “Her alleged needs included the purchase of clothing, a personal trainer, daily maid service, flowers, gifts, club dues and charges, vacations, beauty salon, and spa…Alimony is not intended ‘to fund the enjoyment of [...]

Alimony –  Standard of Living in Florida It is the exceptional case where a couple’s resources are sufficient to maintain two separate households with the same standard of living. “The standard-of-living is not a super-factor” over the other considerations. Donoff v. Donoff, 940 So. 2d 1221, 1225 (Fla. 4th DCA 2006); see Pirino v. Pirino, [...]

Alimony –  Standard of Review of Trial Court’s Rulings in Florida Trial Court’s Decision on whether to award permanent alimony is subject to an abuse of discretion standard of review.   “‘A trial court’s decision on whether to award permanent periodic alimony is subject to an abuse of discretion standard of review.’ Hornyak v. Hornyak, 48 [...]

A final judgment awarding alimony and child support creates a presumption that the payor has the ability to pay.  The payor bears the burden of proof to demonstrate that the payor cannot pay.  “The final judgment of support created a presumption that the father had the ability to pay child support and to purge himself [...]

In awarding alimony, a trial court must make findings of fact for each factor, even if alimony is denied.  “Here, the court simply denied the Former Wife’s request for alimony because the Former Husband was going to make an equalizing payment and this was a short-term marriage.  However, the trial court did not address all [...]

(ix) An award of rehabilitative alimony must provide an end date for the payments. “Although the final judgment awards the Former Wife $3500 a month as rehabilitative alimony and states that the purpose was for the Former Wife to complete her education, the trial court did not provide an end date for the payments. The [...]