An Update on Florida Alimony Case Law: Are Alimony Guidelines a Part of Our Future?, Part I

Florida judges are considering using guidelines to determine alimony awards, similar to child support guidelines. This would make alimony awards more predictable and could reduce the need for litigation. Some judges and attorneys support this idea, although it is still being discussed. This could provide a clearer way to establish alimony support, as the current system is less predictable. Florida’s current alimony standard is based on the financial needs of one spouse and the ability of the other spouse to meet those needs. However, this standard is difficult to define, especially when it comes to determining the standard of living during the marriage. This can lead to inconsistent and unpredictable alimony awards in divorce cases. Some cases have been sent back to the court for reevaluation because the alimony amount was either too high or too low. This lack of consistency raises questions about whether alimony guidelines could provide a better approach to determining alimony in divorce cases. “Bridge-the-gap” alimony is a type of lump sum alimony that is meant to meet a short-term need. It is different from rehabilitative alimony, which requires a rehabilitative plan and can be longer in duration. Because bridge-the-gap alimony is specific and short-term, it doesn’t fit well with alimony guidelines. The American Law Institute suggests a different policy for compensatory payments in divorce. They propose five reasons for these payments, including loss of living standard, loss of earning capacity from caring for children or others, and unfair disparity between spouses. These factors are determined by judges, not strict income guidelines. The suggested formulas also consider expenses and debt from education or training. This approach is different from the current Florida alimony guidelines, which focus on maintaining the standard of living. The courts must review the overall financial division and support award to determine if it’s fair. The court in Laz v. Laz reversed an alimony award because it was unfair for the wife to receive less than one third of the income available to the couple. In another case, the Florida Supreme Court had to decide whether to award alimony to a wife whose husband had a high income but lived frugally. They ultimately decided that alimony should only be awarded to meet the needs of the party requesting it. In the next part of the article, we will look at how other states are dealing with the alimony issue and discuss potential solutions for Florida. The text contains a list of court cases and legal principles related to family law in Florida. It also mentions two attorneys from a law firm in Naples. The attorneys received their degrees from various universities and are involved in the Family Law Section. The section aims to educate its members about their responsibilities, improve the justice system, and advance the study of law.

Source: https://www.floridabar.org/the-florida-bar-journal/an-update-on-florida-alimony-case-law-are-alimony-guidelines-a-part-of-our-future-part-i/