Wife Appeals Denial Of Bridge-The-Gap Alimony In Florida Divorce Case
In the case of Bell v. Bell, the husband and wife were married in 1997. The wife filed a petition for the dissolution of the marriage ten years later. The former wife appealed the final judgment of the dissolution of the marriage and the denial of her motion for rehearing. On appeal, she raised three complaints:
- Calculating the equalization payment by not including the wife’s half of the husband’s accounts receivable from loans he made to a business he owned
- Failing to make factual findings before denying the wife’s request for bridge-the-gap alimony
- Failing to reserve jurisdiction on the determination of the wife’s attorney’s fees
The husband filed a cross-appeal asserting that the court erred in equitably distributing the equity in a home he inherited from his mother and a Ford Explorer. The appeals court reversed and remanded the matter on all matters except for issue #3.
Bridge-the-gap alimony
The wife, on appeal, asserted that the trial court erred by failing to award her bridge-the-gap alimony and by failing to make the required factual findings supporting the decision. The appeals court reserved judgment on whether or not the trial court erred in affording the wife bridge-the-gap alimony. However, it did find that the court failed to make the appropriate findings that form the basis of its denial. The appeals court reversed the lower court’s decision and remanded the issue for reconsideration.
The standard of review on appeal is whether or not the trial court abused its discretion when denying alimony to the wife. In other words, a trial court’s decision with regards to the award of alimony is reversible only upon a showing that no reasonable person could arrive at such a result. Section 61.08(2) of the Florida Statutes lists the factors that a trial court must consider in determining whether or not a party is entitled to recover alimony. A failure to consider these factors is considered a reversible error.
Bridge-the-gap alimony is intended to smooth a former spouse’s transition between a higher standard of marital living and the standard that a spouse can provide for themselves. It is typically awarded for a very short period of time—a year on average. It is meant for situations where the court finds that permanent alimony is not appropriate and where no rehabilitation is requested or needed.
Bridge-the-gap alimony is (by definition) designed to “aid the recipient spouse in making the transition from married life to being single.” It must be used to assist the spouse with legitimate, identifiable, short-term needs under such circumstances in which the award is reasonable and the other spouse has the ability to pay. Bridge-the-gap alimony is most appropriately awarded in cases where the receiving spouse is already employed, possesses adequate employment skills, and requires no further rehabilitation other than a brief period to ease the transition to single life.
Talk to a Tampa, FL Family Law Attorney Today
Any questions related to alimony? Don’t hesitate to call our Tampa family lawyers at Faulkner Law Group, PLLC today to schedule an appointment. We can discuss any questions you may have related to alimony, equitable distribution, or child issues.
Source:
casetext.com/case/bell-v-bell-49
