The 2023 Florida Statutes (including Special Session C)
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. . . Section 61.08(2) requires that any award of alimony be based on one party's need for alimony and the . . . again awards alimony, it must make factual findings concerning all of the factors identified in section 61.08 . . .
. . . determining the extent of modification, the trial court should consider those factors listed in section 61.08 . . . for alimony or maintenance and that the other party has the ability to pay alimony or maintenance." § 61.08 . . . Under section 61.08(2)(b), the court found the duration of the marriage was almost 25 years. . . . As set out in subsections 61.08(2)(c), (2)(d), (2)(e), and (2)(i), the court considered the former wife's . . . See § 61.08(2), Fla. Stat. . . .
. . . One could argue that a more comprehensive alimony award might have been appropriate under section 61.08 . . .
. . . for the trial court to provide specific factual findings to support the award as required by section 61.08 . . . indicate whether the permanent alimony award would be deductible or nondeductible as required by section 61.08 . . .
. . . The court also made findings regarding each of the alimony factors enumerated in section 61.08(2), Florida . . . Section 61.08(2) provides, "In determining whether to award alimony or maintenance, the court shall first . . . Thus, even when the court makes findings regarding each of the section 61.08(2) factors, its failure . . . because "although the report and recommendation contained findings as to the factors listed in section 61.08 . . . As for the Former Wife's need, the court made findings regarding the section 61.08(2) factors and imputed . . .
. . . life insurance naming Appellee as the beneficiary to protect the alimony award pursuant to section 61.08 . . .
. . . fatal" to the appellant's claim that the trial court failed to make adequate findings under section 61.08 . . .
. . . indicated that the court considered all of the statutory factors related to alimony listed in section 61.08 . . . Section 61.08(2) provides a specific, non-exhaustive list of factors for a trial court to consider in . . . See § 61.08(2). . . . See §§ 61.08(1) and (2) ; Brezault , 199 So.3d at 522-23 ; Patino , 122 So.3d at 963. . . . (1), and also addresses each of the factors under section 61.08(2). . . .
. . . ." § 61.08(8), Fla. Stat. (2018). . . . ." § 61.08(7). . . . Hedden , 240 So.3d 148, 151 (Fla. 5th DCA 2018) ; see also § 61.08(4). . . .
. . . periodic alimony in a long-term marriage if it is clear the trial court considered the factors in section 61.08 . . . regarding whether Wife had an ongoing need for support on a permanent basis as required by section 61.08 . . .
. . . the parties' income because neither party had requested retroactive child support or alimony, see § 61.08 . . .
. . . trial court thoughtfully considered and addressed each of the statutory factors enumerated in section 61.08 . . .
. . . factors favored the former wife; and made equally detailed findings on the factors found in section 61.08 . . .
. . . Section 61.08(8), Florida Statutes (2015), provides in pertinent part: Permanent alimony may be awarded . . .
. . . See § 61.08(7), Fla. . . . Husband's alimony payments to be made through the state depository and by income deduction order, see §§ 61.08 . . .
. . . The Former Husband sought termination under section 61.08(8), Florida Statutes (2016), based on the remarriage . . . properly determined that the language of the stipulated divorce decree precludes termination under section 61.08 . . . The Former Husband sought termination of his alimony obligation based on section 61.08(8), which provides . . . alimony despite the remarriage of the recipient, then its terms will control over those in section 61.08 . . . those in Herbst and affirm the denial of the Former Husband's request for termination under section 61.08 . . .
. . . See § 61.08(3), Fla. Stat. (2015) ; Cantrell v. Home Life Ins. . . .
. . . awarded $1,000 of alimony monthly for sixteen years, noting that the trial court had "considered section 61.08 . . . if an award is appropriate, must consider several factors to determine the proper type and amount. § 61.08 . . . support will be necessary "to allow the party to make a transition from being married to being single." § 61.08 . . . necessary for the former spouse receiving that alimony to establish "the capacity for self-support." § 61.08 . . .
. . . provisions of section 61.30, Florida Statutes (2016), as it did within the alimony provisions of section 61.08 . . .
. . . to allow for meaningful review and otherwise failed to make the express finding mandated by section 61.08 . . . Rather, the court indicated the following, in part, with respect to section 61.08(2) and section 61.08 . . . In determining [a]limony, all issues were considered in conjunction with Florida Statute 61.08...." . . . Section 61.08(8) provides: 'In awarding permanent alimony, the court shall include a finding that no . . . other form of alimony is fair and reasonable under the circumstances of the parties.' § 61.08(8), Fla . . .
. . . Here, the trial court was authorized by the provisions of sections 61.08(3) and 61.13(1)(c), Florida . . .
. . . as constituting a substantial change in circumstances and recognizing "that all applicable section 61.08 . . .
. . . that a long-term marriage creates a presumption in favor of permanent periodic alimony); see also § 61.08 . . . durational alimony may be awarded "if there is no ongoing need for support on a permanent basis." § 61.08 . . .
. . . Section 61.08(7), Florida Statutes (2017), states that an award of durational alimony "may not exceed . . . of time from the date of marriage to the date of filing of an action for dissolution of marriage." § 61.08 . . . rehabilitative, durational, or permanent in nature or any combination of these forms of alimony." § 61.08 . . .
. . . The General Magistrate then listed each of the statutory factors required by section 61.08(2)(a)-(j), . . . See § 61.08(2), Fla. Stat.; Bruno v. . . .
. . . Alpert, 886 So.2d 999, 1002 (Fla. 2d DCA 2004) ; see also § 61.08(2), Fla. Stat. (2011). . . . Section 61.08(2)(h) specifically requires that "[i]n determining whether to award alimony ... the court . . .
. . . because the trial court failed to make findings of fact as to all of the statutory factors under section 61.08 . . .
. . . Buchanan , 225 So.3d 1002, 1003 (Fla. 1st DCA 2017) ; § 61.08(2), Fla. Stat. . . .
. . . ." § 61.08(1), Fla. Stat. (2016). . . . The trial court reviewed all ten factors identified in section 61.08(2) and found permanent alimony was . . . See § 61.08(8), Fla. Stat. (2016). . . . alimony is appropriate; however, section 61.08(1) and case law allow the trial courts to award both . . . Courts are required to consider all sources of a party's income when determining alimony. § 61.08(2)( . . .
. . . concerning the parties' incomes during the relevant [thirty-one month] period as required by section 61.08 . . .
. . . ." § 61.08(2), Fla. Stat. . . . determination that alimony should be awarded the court must then consider the factors enumerated in section 61.08 . . . Second, pursuant to section 61.08(3), Florida Statutes, the trial court ordered Mr. . . .
. . . However, now that durational alimony is statutorily recognized, section 61.08(7), Florida Statutes (2011 . . . showing of exceptional circumstances as long as the award does not exceed the length of the marriage. § 61.08 . . .
. . . Alcantara, 15 So.3d 844, 845-47 (Fla. 3d DCA 2009) ; see also § 61.08(4), Fla. . . . A review of a trial court's decision under section 61.08, Florida's alimony statute, is a mixed question . . . for the trial court to consider the former wife's allegedly supportive relationship because section 61.08 . . . However, the trial court was required to make findings regarding the factors outlined in section 61.08 . . . relationship exists, it has the discretion to reduce or eliminate the alimony obligation under section 61.08 . . .
. . . The. court must consider the factors set forth in section 61.08, Florida Statutes, and must make certain . . . Permanent alimony requires consideration of the factors set forth in section 61.08(2), Florida Statutes . . .
. . . ordered Former Husband to pay non-modifiable durational alimony and made findings pursuant to section 61.08 . . . However, section 61.08(7) specifically provides that durational alimony awards are modifiable. § 61.08 . . . Section 61.08(3), Florida Statutes (2010), governs imposition of a life insurance policy as security . . .
. . . Section 61.08(3), Florida Statutes (2015), authorizes the trial .court to “order any party who is ordered . . .
. . . Section 61.08(3), Florida Statutes (2015), permits the trial court to order a party to purchase or maintain . . .
. . . See § 61.08(2)(e), (i), (j), Fla. Stat. (2016); Rabbath v. . . . recipient may be considered part of a party’s income for purposes of calculating alimony under section 61.08 . . . Therefore, we reverse and remand for the trial court to reconsider the factors enumerated in section 61.08 . . .
. . . See § 61.08(2), Fla. . . . each party, including the, nonmarital and the marital assets and liabilities distributed to each.” § 61.08 . . .
. . . See § 61.08(2), Fla. Stat. (2013). . . .
. . . . § 61.08(2), Fla. Stat. (2016); Canakaris v. Canakaris, 382 So.2d 1197, 1201 (Fla. 1980). . . . ability to pay, the court must then consider “all relevant factors,” including those listed in section 61.08 . . . the needs and necessities of life for a former spouse as they were established during the marriage. § 61.08 . . . of alimony is proper, it should consider all relevant factors, including those set forth in section 61.08 . . .
. . . .” § 61.08(2) Fla. Stat. (2016). . . . to the amount of Wife’s need, Husband’s ability to pay, and any other factors described in section 61.08 . . . determination as to Wife’s need and Husband’s ability to pay, and any other relevant factors under section 61.08 . . .
. . . .” § 61.08(7), Fla. Stat. (2015). . . . Id. § 61.08(5). . . . Id. § 61.08(2). The court must also consider the factors outlined in subsections 61.08(2)(a)-(j). . . . See § 61.08(1), Fla. Stat. (2015). . . . See § 61.08(4), Fla. Stat. (2015). . . . .
. . . courts to consider bonuses in calculating a spouse’s income for purposes of child support, and section 61.08 . . .
. . . alimony 'or maintenance and whether either party has the ability to pay alimony or maintenance.” ' § 61.08 . . . “specific factual determination[s],” the court must then determine the type of alimony to award. § 61.08 . . . in the alimony statute that a marriage lasting more than seventeen years is a long-term marriage. § 61.08 . . . permanent alimony, it must do so based on explicit findings referencing the factors set forth in § 61.08 . . . See § 61.08(2)(d), Fla. . . .
. . . The parties’ marriage was presumptively a long-term marriage as contemplated in section 61.08(4), Florida . . . permanent alimony, the trial court failed to make any of the factual determinations required by section 61.08 . . . justify its decision not to award Former Wife permanent alimony contravened the clear mandate of section 61.08 . . .
. . . considered the tax implications of the award on the parties .in making its determination pursuant to section 61.08 . . . Section 61.08(2)(h) requires that the trial court consider “[t]he tax treatment and consequences to both . . .
. . . Section 61.08, Florida’s alimony statute, provides that when determining the proper type and amount of . . . alimony, the court must consider “[a]ll sources of income available to either party.” § 61.08(2)(i), . . .
. . . Section 61.08(2)(h), Florida Statutes (2014), requires the court to consider the “tax treatment and consequences . . . (reversing where trial court failed to make specific findings on all the factors recited in section 61.08 . . .
. . . See § 61.08, Fla. . . . had a need for $2,500 per month in alimony and carefully considered all of the factors in. section 61.08 . . . See § 61.08(3), Fla. Stat. (2015); Therriault v. . . .
. . . improperly denied her claim for alimony without making the requisite findings of fact pursuant to section 61.08 . . .
. . . Sobelman, 541 So.2d 1153, 1154-55 (Fla. 1989) (holding that section 61.08(3), Florida Statutes, permits . . .
. . . include specific findings of fact relating to alimony in the final judgment as required by section 61.08 . . . See § 61.08(4). . . . Section 61.08(8) provides that a trial court may award permanent alimony following a long-term marriage . . . findings regarding the Wife’s need and the Husband’s ability to pay alimony as required by section 61.08 . . . The Court has reviewed the Wife’s alimony claim in accordance with Florida Statute 61.08.” . . .
. . . See § 61.08(2), Fla. Stat. (2015). . . .
. . . See § 61.08(2), Fla. Stat. (2013); Cleary v. . . .
. . . See § 61.08(4), Fla. . . . .”); see also §§ 61.08(8) (stating that “[permanent alimony may be awarded following a marriage of long . . .
. . . . § 61.08(2)(i), Fla. Stat. (2015). . . .
. . . that the trial court erred because it did not consider all of the factors contained within section 61.08 . . . Section 61.08(2), Florida Statutes (2015), lists ten factors that a court “shall consider” before awarding . . . A court’s “failure to consider all of the mandated factors [of section 61.08] is reversible error.” . . . We therefore reverse and remand for the trial court to consider all of the section 61.08(2) factors. . . . In summary, we reverse and remand for the trial court to consider all of the section 61.08 factors in . . .
. . . an actual need for alimony or maintenance and whether either party has the ability to pay .,,. ” § 61.08 . . . waiving her claim for alimony, the trial court was not required to make factual findings under section 61.08 . . .
. . . Section 61.08(2) provides that in determining whether to award spousal support, a trial court must first . . . the statute then lists ten factors that the court must consider in fashioning an award of support. § 61.08 . . . See § 61.08(2) (“In determining whether to award alimony ... , the court shall first make a specific, . . . distribution or spousal support and made no findings as to the factors identified under sections 61.075(1) or 61.08 . . .
. . . .§ 61.08(2), Fla. Stat. (2015); Zinovoy v. Zinovoy, 50 So.3d 763, 766 (Fla. 2d DCA 2010). . . .
. . . Similarly, while the trial court evaluated the factors enumerated in section 61.08(2)(a)-(j), Florida . . . 2015), there is no reference to the preliminary inquiry mandated by the initial provisions of section 61.08 . . . Section 61.08(1), Florida Statutes (2015), permits the trial court to consider evidence of the adultery . . . favor of permanent periodic alimony; and (4) because of the failure to include an analysis of section 61.08 . . . See § 61.08(4), Fla. . . .
. . . . § 61.08(1). . . .
. . . her permanent alimony because: (1) even though the marriage was a long term marriage under section 61.08 . . . In the final judgment, the trial court addressed all relevant statutory findings under section 61.08( . . . The Standard of Review and an Examination of Section 61.08 . . . . Section 61.08, Florida Statutes (2014), governs alimony awards and provides in pertinent part: (1) In . . . See § 61.08(4), Fla. Stat. (2014); Dickson v. Dickson, 204 So.3d 498, —, 41 Fla. L. . . .
. . . Section 61.08(4), Florida Statutes (2014), defines "long-term marriage” as a marriage having a duration . . .
. . . The trial court must make factual findings relative to all of the factors set forth in section 61.08( . . . ]he earning capacities, educational levels, vocational skills, and employability of the parties.” § 61.08 . . . each party, including the nonmarital and the marital assets and liabilities distributed to each.” § 61.08 . . .
. . . .” § 61.08(7), Fla. . . . Section 61.08(1), Florida Statutes (2014), permits a trial court to consider evidence of adultery in . . .
. . . judgment failed to set forth the findings of fact necessary to support its alimony award under section 61.08 . . . Notably, section 61.08(1) provides, in part, that: “In all dissolution actions, the court shall include . . . findings of'facts supporting a conclusion that permanent alimony was not appropriate in this case. § 61.08 . . . award of alimony and remand for the trial court to make the required findings of fact under section 61.08 . . . The pertinent subsections of section 61.08, are: (1) ... . . .
. . . Section 61.08(8)., provides: “In awarding permanent alimony, the court shall include a finding that no . . . other form of alimony is fair and reasonable under the circumstances of the parties.” § 61.08(8), Fla . . .
. . . .” § 61.08(6)(b), Fla. Stat. (2015). . . . See § 61.08(6)(b), Fla. Stat. . . . Section 61.08, Florida Statutes (2013), governs the award of alimony and provides the following in pertinent . . . to acquire sufficient education or training to enable such party to find appropriate employment.” § 61.08 . . . time from the date of marriage until the date of filing of an action for dissolution of marriage.” § 61.08 . . . if such an award is appropriate upon consideration of the factors set forth in subsection (2).... § 61.08 . . .
. . . . § 61.08(4), Fla. . . . including income available to either party through investments of any asset held by that party.” § 61.08 . . . investment income, we see no reason for that income to be excluded from consideration under section 61.08 . . . Likewise, section 61.08(2)(i) requires the court to consider income available to a party through investments . . .
. . . See § 61.08(4), Fla. Stat. (2013). . . . (5); (2) rehabilitative alimony under subsection 61.08(6); (3) durational alimony under subsection 61.08 . . . (7); and (4) permanent alimony under subsection 61.08(8). . . . In accordance with subsection 61.08(1), the trial court had the authority to award “any combination of . . . See § 61.08(6)(b). . . .
. . . .” § 61.08(7), Fla. Stat. (2014). . . . short or moderate duration is to "provide a party with economic assistance for a set period of time.” § 61.08 . . .
. . . .” § 61.08(2), Fla. Stat. (2014). . . . Section 61.08, Florida Statutes, sets out additional criteria that the court should consider if it determines . . . a party needs alimony. § 61.08(2)(a)-(j), Fla. . . .
. . . court must “consider all relevant factors, including, but not limited to” those- listed in section 61.08 . . . . § '61.08(2), Fla. . . . it fails to include sufficient findings of fact to support the alimony award in light of the section 61.08 . . .
. . . although the trial court made findings in the final judgment addressing each of the factors in section 61.08 . . .
. . . As to the alimony award itself, section 61.08(2), Florida Statutes (2015), directs the trial court to . . . If the trial court so determines, it must then consider all of the relevant factors in section 61.08( . . . See § 61.08(4), Fla. Stat. (2015). . . . While section 61.08(2)(i), Florida Statutes (2015), directs the trial court to consider “[a]ll sources . . . On remand, the trial court should make the specific factual findings required by section 61.08, address . . .
. . . for retroactive alimony, and in failing to make the requisite findings.of fact pursuant to section 61.08 . . . Section 61.08 of the Florida Statutes sets forth the factors for this Court to consider in determining . . . Section 61.08, Florida Statutes (2013), governs the award of alimony and provides in part that “[i]n . . . in the final judgment the requisite findings of fact relative to the factors enumerated in section 61.08 . . . award to the wife because the final judgment lacked sufficient factual findings as required by section 61.08 . . .
. . . Florida’s alimony statute, section 61.08, Florida Statutes (2012), provides in pertinent part: 2) In . . . (i) All sources of income available to either party.... § 61.08, Fla. Stat. (2012). . . .
. . . Based on the evidence presented at the final hearing, and as requited for an alimony award by section 61.08 . . . The trial court appeared to recognize that this was a long-term marriage per section 61.08(4), Florida . . . the former husband had the apparent ability to pay for more if not all of the former wife’s needs. § 61.08 . . . found by the court to be the amount of the former wife’s insurance needs, fails to comply with section 61.08 . . . remanded for reconsideration of the proper amount of alimony based on the factors listed in section 61.08 . . .
. . . Section 61.08(4), Florida Statutes (2014), reads: .. . . . time from the date of marriage until the date of filing of an action for dissolution of marriage. § 61.08 . . . • ability to meet his or her needs and necessities of life following a dissolution of. marriage.” § 61.08 . . .
. . . Section 61.08(3), Florida Statutes (2013), authorizes a trial court to order the obligated spouse to . . .
. . . Section 61.08, Florida Statutes (2012), requires a trial court to make specific factual determinations . . . findings regarding the Former Husband’s financial affidavits, merely tracked the language found in section 61.08 . . .
. . . its calculation of the alimony award by considering only two of the ten factors outlined in section 61.08 . . . final judgment of dissolution of marriage made findings of fact pursuant to Florida Statute Section 61.08 . . . Section 61.08 states: (1) In a proceeding for dissolution of marriage, the court may grant alimony to . . . Section 61.08(2)(a)-(j) then lists ten (10) separate factors for the court to consider. . . . First, after addressing findings .he made pursuant to section 61.08(2)(e) and section 61.08(2)(j), the . . .
. . . Section 61.08 identifies the various forms of alimony, characterizes marriages by their dura-' tion, . . . efecr and convincing midmice after consideration of the factors set forth in subsection (2)” of section 61.08 . . . . § 61.08(8) (emphasis added); see Valente v. . . . finding 'that no other form of alimony is fair and reasonable under the circumstances of the parties.” § 61.08 . . . In this case, the seven-year marriage qualifies as a moderate-term marriage, see § 61.08(4), but it is . . .
. . . See §§ 61.08(5)-(8). . . . under subsection 61.08(6); (3) durational alimony under subsection 61.08(7); and (4) permanent alimony . . . under subsection 61.08(8). . . . See §§ 61.08(2), (4), (8). . . . See § 61.08(7). . . .
. . . Section 61.08(1), Florida Statutes (2014), which governs alimony awards, provides: “In all dissolution . . . held by that party- (j) Any other factor necessary to do equity and justice between the parties. § 61.08 . . .
. . . On the question of alimony, a twenty-two-year marriage is presumed to be long term, § 61.08(4), and there . . . See § 61.08(2)(c), (e) (requiring consideration of parties’ physical and emotional condition and employability . . .
. . . See § 61.08(4), Fla. Stat. (2011). . . . The trial court misinterpreted subsection 61.08(8). . . . The portion of subsection 61.08(8) applicable to long-duration marriages provides, “Permanent alimony . . . The portion of subsection 61.08(8) applicable to long-term marriages does not, as the trial court ruled . . . Life Insurance as Security for Alimony Section 61.08(3) states, “To the extent necessary to protect an . . .
. . . Alimony Section 61.08, Florida Statutes (2013), authorizes the award of alimony, with subsection (2) . . . Here, the final judgment never references section 61.08 and, while some of the findings could be fairly . . . read to correlate with the factors set forth in section 61.08(2), other factors are wholly ignored. . . . A trial court errs where, as here, it fails to make the findings required by section 61.08. . . . See § 61.08(2), Fla. Stat. . . .
. . . purposes of computing alimony; (2) failing to make sufficient findings of fact pursuant to section 61.08 . . . erred by not making specific findings in its judgment as to all of the factors set forth in section 61.08 . . . The court stated that it considered all the factors outlined in section 61.08(2). . . . Section 61.08(2), Florida Statutes (2012), mandates that the trial court evaluate any relevant economic . . . otherwise secure such alimony award with any other assets which may be suitable for that purpose. § 61.08 . . .
. . . Siegel, 700 So.2d at 415; see also §§ 61.076, 61.08(2)(d) & (i), 61.30(2)(a)(7), Fla. Stat. (2011). . . .
. . . See § 61.08, Fla. Stat. (2010). We have jurisdiction. See Fla. R. App. P. 9.030(b)(1)(A). . . . The starting point for every alimony determination, of course, is need and ability to pay. § 61.08(4) . . . Purin’s ability to páy. §§ 61.08(2), (8). . . . Additionally, section 61.08(7) permits the extension of durational alimony if a party can demonstrate . . . The trial court misinterpreted section 61.08(7) when it affirmatively denied Ms. . . .
. . . While section 61.08(3), Florida Statutes (2012), provides that a trial court may order an alimony obligor . . .
. . . Florida Supreme Court stated, “We conclude that construed together, sections 61.046(7), 61.30(2)(a)(3), 61.08 . . .
. . . Additionally, while section 61.08(3), Florida Statutes (2010), authorizes a trial court to “order any . . .
. . . .” § 61.08(1), Fla. Stat. (2011). . . . Pursuant to Section 61.08(2), Florida Statutes, when the trial court is determining whether to award . . . See § 61.08(2), Fla. Stat. (2011). . . . (2). § 61.08(8), Fla. . . . The final judgment, however, failed to include sufficient factual findings as required by section 61.08 . . .
. . . from the date of marriage to the date the petition for dissolution was filed, as specified by section 61.08 . . . Section 61.08(7) specifies that the length of an award of durational alimony “may not be modified except . . .
. . . determining the extent of modification, the trial court should consider those factors listed in section 61.08 . . . See § 61.08(2)(a)-(j), Fla. Stat. (2012). . . . equalized the parties’ income without regard to the factors of need and ability contained in section 61.08 . . .