Appeals Court Reverses Alimony Award To Wife

When awarding alimony to the lesser-earning party in a divorce proceeding, the trial courts must make several determinations concerning the financial need of the lower-earning spouse and the ability to pay off the higher-earning spouse. This requires the court to go over the financial records of both parties to determine whether or not an award of alimony is feasible under the law. In the case of Reese v. Reese, the appellate court found that the trial court erred in failing to conduct a financial review of the parties’ financials and overturned an alimony award that was awarded to the wife. In this article, we’ll review the case and discuss the process for determining alimony under Florida law.

Background of the case 

In this case, the former husband filed a petition for the dissolution of marriage on February 10, 2020. The former wife responded with an answer and a counter-petition. The former wife argued that the trial court erred when it determined that the former husband’s gross monthly income was income listed in his financial affidavit ($12,946 per month) even after the former husband testified that he received a $5,000 a year raise after he completed his financial affidavit.

The appeals court agreed with the former wife and found that the financial affidavit was not competent, substantial evidence of the husband’s income if he formerly testified that the financial affidavit was not accurate. The former husband executed a financial affidavit on February 7, three days before he filed his petition for the dissolution of marriage. During trial, the former husband testified that the raise was not included in the financial documents he submitted to the court. However, the raise was included in the financial documents he submitted to the wife during discovery. However, the appeals court noted that this argument was not backed by the trial transcript. For that reason, the trial court’s finding that the former husband’s income was what was set forth in the financial affidavit was not supported by competent evidence.

The appeals court, finding that the income of the former husband was not supported by credible evidence, reversed the trial court’s ruling concerning the husband’s gross monthly income and remanded the issue with instructions to the trial court to increase the former husband’s gross yearly income by $5,000. The court would have to recalculate both child support and alimony based on these instructions.

Talk to a Tampa, FL Divorce and Alimony Lawyer Today 

Faulkner Law Group, PLLC represents the interests of Tampa residents who are pursuing a divorce. We can help you resolve all aspects of your divorce whether you settle the matter in mediation or litigate the case in front of a judge. Call our Tampa family lawyers today to schedule an appointment, and we can get started discussing key aspects of your divorce such as equitable distribution of the marital estate, spousal support and maintenance, child custody, and child support.

Source:

casetext.com/case/reese-v-reese-63?q=dissolution%20of%20marriage%202023&sort=relevance&p=1&type=case&jxs=fl