Summary
The Former Wife appealed the denial of her request for permanent periodic alimony following a marriage lasting just over seventeen years. The court held that the final judgment lacked sufficient findings regarding need and ability to pay and reversed and remanded for additional findings or further proceedings, explaining that the Former Wife was not required to liquidate and deplete her nonmarital assets in lieu of alimony.
Topics
Practice areas
Questions Presented
- Whether the trial court made sufficient findings to support its denial of the Former Wife's request for alimony.
- Whether a spouse in a long-term marriage must liquidate and deplete nonmarital assets to establish a need for alimony.
Holdings
- The denial of alimony could not stand because the final judgment lacked sufficient findings concerning the parties' respective incomes, living expenses, the Former Wife's need, and the Former Husband's ability to pay.
- In the circumstances of this long-term marriage, the Former Wife was not required to liquidate and deplete her nonmarital assets to provide for her living expenses in lieu of the Former Husband's anticipated alimony contribution.
Key quotations
“In the circumstances of this long-term marriage and under section 61.08, the Former Wife is not required to liquidate and deplete her assets to provide for her living expenses in lieu of the Former Husband’s anticipated contribution.” (684)
“Because the final judgment fails to make sufficient findings to support the denial of alimony, we reverse.” (683)
Factual background
The parties had been married for slightly more than seventeen years, making the marriage a long-term marriage under section 61.08(4), Florida Statutes. The Former Wife owned interests in unspecified nonmarital properties, received between $300 and $600 per month from those properties, and sold one property during the dissolution litigation for $180,000, which she spent within twelve months without explaining how. The Former Husband had the ability to pay some alimony, but the trial court found that the Former Wife failed to establish need and appeared to conclude that she could liquidate her nonmarital assets to meet her living expenses.
Procedural history
The Former Husband filed a petition for dissolution of marriage on February 3, 2011. The Former Wife answered and counterpetitioned, asserting a claim for permanent periodic alimony. After a final hearing on July 31, 2012, the trial court entered a final judgment on September 20, 2012, denying alimony; the Second District reversed and remanded.
Remand instructions
The trial court was directed either to enter a final judgment containing sufficient findings or to conduct further proceedings if necessary. On remand, it must address the parties' respective incomes and living expenses and make findings regarding the Former Wife's need and the Former Husband's ability to pay.