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Florida Statute 61.08 | Lawyer Caselaw & Research
F.S. 61.08 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 61
DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING
View Entire Chapter
F.S. 61.08
61.08 Alimony.
(1)(a) In a proceeding for dissolution of marriage, the court may grant alimony to either party in the form or forms of temporary, bridge-the-gap, rehabilitative, or durational alimony, as is equitable. In an award of alimony, the court may order periodic or lump sum payments. The court may consider the adultery of either spouse and any resulting economic impact in determining the amount of alimony, if any, to be awarded.
(b) The court shall make written findings of fact regarding the basis for awarding a form or any combination of forms of alimony, including the type of alimony and the length of time for which the alimony is awarded. The court may award a combination of forms of alimony or forms of payment, including lump sum payments, to provide greater economic assistance in order to allow the obligee to achieve self-support.
(2)(a) In determining whether to award support, maintenance, or alimony, the court shall first make a specific, factual determination as to whether the party seeking support, maintenance, or alimony has an actual need for it and whether the other party has the ability to pay support, maintenance, or alimony. The party seeking support, maintenance, or alimony has the burden of proving his or her need for support, maintenance, or alimony and the other party’s ability to pay support, maintenance, or alimony.
(b) When determining a support, maintenance, or alimony claim, the court shall include written findings of fact relative to the factors provided in subsection (3) supporting an award or denial of support, maintenance, or alimony, unless the denial is based upon a failure to establish a need for or ability to pay support, maintenance, or alimony. However, the court shall make written findings of fact as to the lack of need or lack of ability to pay in denying a request for support, maintenance, or alimony.
(3) If the court finds that the party seeking support, maintenance, or alimony has a need for it and that the other party has the ability to pay support, maintenance, or alimony, then in determining the proper form or forms of support, maintenance, or alimony under subsections (5)-(8), or a deviation therefrom, the court shall consider all of the following relevant factors, including, but not limited to:
(a) The duration of the marriage.
(b) The standard of living established during the marriage and the anticipated needs and necessities of life for each party after the entry of the final judgment.
(c) The age, physical, mental, and emotional condition of each party, including whether either party is physically or mentally disabled and the resulting impact on either the obligee’s ability to provide for his or her own needs or the obligor’s ability to pay alimony and whether such conditions are expected to be temporary or permanent.
(d) The resources and income of each party, including the income generated from both nonmarital and marital assets.
(e) The earning capacities, educational levels, vocational skills, and employability of the parties, including the ability of either party to obtain the necessary skills or education to become self-supporting or to contribute to his or her self-support prior to the termination of the support, maintenance, or alimony award.
(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
(g) The responsibilities each party will have with regard to any minor children whom the parties have in common, with special consideration given to the need to care for a child with a mental or physical disability.
(h) Any other factor necessary for equity and justice between the parties, which shall be specifically identified in the written findings of fact. This may include a finding of a supportive relationship as provided for in s. 61.14(1)(b) or a reasonable retirement as provided for in s. 61.14(1)(c)1.
(4) To the extent necessary to protect an award of alimony, the court may order the obligor to purchase or maintain a life insurance policy or a bond, or to otherwise secure such alimony award with any other assets that may be suitable for that purpose. The court must make specific findings that there are special circumstances that warrant the purchase or maintenance of a life insurance policy or a bond to secure the alimony award. If the court orders a party to purchase or maintain a life insurance policy or a bond, the court may apportion the costs of such insurance or bond to either or both parties based upon a determination of the ability of the obligee and obligor to pay such costs.
(5) For purposes of determining alimony, there is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 10 years, a moderate-term marriage is a marriage having a duration between 10 and 20 years, and a long-term marriage is a marriage having a duration of 20 years or longer. The length of a marriage is the period of time from the date of marriage until the date of filing of an action for dissolution of marriage.
(6) Bridge-the-gap alimony may be awarded to provide support to a party in making the transition from being married to being single. Bridge-the-gap alimony assists a party with legitimate identifiable short-term needs. The length of an award of bridge-the-gap alimony may not exceed 2 years. An award of bridge-the-gap alimony terminates upon the death of either party or upon the remarriage of the obligee. An award of bridge-the-gap alimony is not modifiable in amount or duration.
(7)(a) Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through either:
1. The redevelopment of previous skills or credentials; or
2. The acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.
(b) In order to award rehabilitative alimony, there must be a specific and defined rehabilitative plan included as a part of any order awarding rehabilitative alimony.
(c) The length of an award of rehabilitative alimony may not exceed 5 years.
(d) An award of rehabilitative alimony may be modified or terminated in accordance with s. 61.14 based upon a substantial change in circumstances, upon noncompliance with the rehabilitative plan, or upon completion of the rehabilitative plan if the plan is completed before the length of the award of rehabilitative alimony expires.
(8)(a) Durational alimony may be awarded to provide a party with economic assistance for a set period of time. An award of durational alimony terminates upon the death of either party or upon the remarriage of the obligee. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances in accordance with s. 61.14. Durational alimony may not be awarded following a marriage lasting less than 3 years. The length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage except as set forth in this subsection.
(b) An award of durational alimony may not exceed 50 percent of the length of a short-term marriage, 60 percent of the length of a moderate-term marriage, or 75 percent of the length of a long-term marriage. Under exceptional circumstances, the court may extend the term of durational alimony by a showing of clear and convincing evidence that it is necessary after application of the factors in subsection (3) and upon consideration of all of the following additional factors:
1. The extent to which the obligee’s age and employability limit the obligee’s ability for self-support, either in whole or in part.
2. The extent to which the obligee’s available financial resources limit the obligee’s ability for self-support, either in whole or in part.
3. The extent to which the obligee is mentally or physically disabled or has been diagnosed with a mental or physical condition that has rendered, or will render, him or her incapable of self-support, either in whole or in part.
4. The extent to which the obligee is the caregiver to a mentally or physically disabled child, whether or not the child has attained the age of majority, who is common to the parties. Any extension terminates upon the child no longer requiring caregiving by the obligee, or upon death of the child, unless one of the other factors in this paragraph apply.
(c) The amount of durational alimony is the amount determined to be the obligee’s reasonable need, or an amount not to exceed 35 percent of the difference between the parties’ net incomes, whichever amount is less. Net income shall be calculated in conformity with s. 61.30(2) and (3), excluding spousal support paid pursuant to a court order in the action between the parties.
(9) The award of alimony may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances.
(10)(a) With respect to any order requiring the payment of alimony entered on or after January 1, 1985, unless paragraph (c) or paragraph (d) applies, the court shall direct in the order that the payments of alimony be made through the appropriate depository as provided in s. 61.181.
(b) With respect to any order requiring the payment of alimony entered before January 1, 1985, upon the subsequent appearance on or after that date of one or both parties before the court having jurisdiction for the purpose of modifying or enforcing the order or in any other proceeding related to the order or upon the application of either party, unless paragraph (c) or paragraph (d) applies, the court shall modify the terms of the order as necessary to direct that payments of alimony be made through the appropriate depository as provided in s. 61.181.
(c) If there is no minor child, alimony payments need not be directed through the depository.
(d)1. If there is a minor child of the parties and both parties so request, the court may order that alimony payments need not be directed through the depository. In this case, the order of support must provide, or be deemed to provide, that either party may subsequently apply to the depository to require that payments be made through the depository. The court shall provide a copy of the order to the depository.
2. If subparagraph 1. applies, either party may subsequently file with the depository an affidavit alleging default or arrearages in payment and stating that the party wishes to initiate participation in the depository program. The party shall provide copies of the affidavit to the court and the other party or parties. Fifteen days after receipt of the affidavit, the depository shall notify all parties that future payments must be directed to the depository.
3. In IV-D cases, the IV-D agency has the same rights as the obligee in requesting that payments be made through the depository.
(11) The court shall apply this section to all initial petitions for dissolution of marriage or support unconnected with dissolution of marriage pending or filed on or after July 1, 2023.
History.ss. 7, 12, Oct. 31, 1828; RS 1484; GS 1932; RGS 3195; CGL 4987; s. 1, ch. 23894, 1947; s. 1, ch. 63-145; s. 16, ch. 67-254; s. 10, ch. 71-241; s. 1, ch. 78-339; s. 1, ch. 84-110; s. 115, ch. 86-220; s. 2. ch. 88-98; s. 3, ch. 91-246; s. 1, ch. 2010-199; s. 79, ch. 2011-92; s. 1, ch. 2023-315.
Note.Former s. 65.08.

F.S. 61.08 on Google Scholar

F.S. 61.08 on Casetext

Amendments to 61.08


Arrestable Offenses / Crimes under Fla. Stat. 61.08
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 61.08.



Annotations, Discussions, Cases:

Cases from cite.case.law:

TRITSCHLER, v. TRITSCHLER,, 273 So. 3d 1161 (Fla. App. Ct. 2019)

. . . 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 . . .

E. HOLDER, v. LOPEZ, f k a, 274 So. 3d 518 (Fla. App. Ct. 2019)

. . . 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. . . .

SHAW, v. L. SHAW,, 273 So. 3d 1145 (Fla. App. Ct. 2019)

. . . One could argue that a more comprehensive alimony award might have been appropriate under section 61.08 . . .

WALKER, v. WALKER,, 274 So. 3d 1156 (Fla. App. Ct. 2019)

. . . 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 . . .

HOROWITZ, v. E. HOROWITZ,, 273 So. 3d 263 (Fla. App. Ct. 2019)

. . . 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 . . .

J. MANKO, v. A. MANKO,, 273 So. 3d 208 (Fla. App. Ct. 2019)

. . . life insurance naming Appellee as the beneficiary to protect the alimony award pursuant to section 61.08 . . .

L. DOOD, v. L. DOOD,, 268 So. 3d 254 (Fla. App. Ct. 2019)

. . . fatal" to the appellant's claim that the trial court failed to make adequate findings under section 61.08 . . .

DORSEY, II, v. DORSEY,, 266 So. 3d 1282 (Fla. App. Ct. 2019)

. . . See § 61.08(2)(e), Fla. . . .

ROWE- LEWIS, v. LEWIS,, 267 So. 3d 1039 (Fla. App. Ct. 2019)

. . . 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). . . .

FRERKING f k a v. STACY,, 266 So. 3d 273 (Fla. App. Ct. 2019)

. . . ." § 61.08(8), Fla. Stat. (2018). . . . ." § 61.08(7). . . . Hedden , 240 So.3d 148, 151 (Fla. 5th DCA 2018) ; see also § 61.08(4). . . .

GILLILAND, v. GILLILAND,, 266 So. 3d 866 (Fla. App. Ct. 2019)

. . . 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 . . .

J. MATTHEWS, v. L. MATTHEWS,, 264 So. 3d 355 (Fla. App. Ct. 2019)

. . . the parties' income because neither party had requested retroactive child support or alimony, see § 61.08 . . .

ALVAREZ- REYES, v. FERNANDEZ- GIL,, 271 So. 3d 70 (Fla. App. Ct. 2019)

. . . trial court thoughtfully considered and addressed each of the statutory factors enumerated in section 61.08 . . .

RAWSON, v. L. RAWSON,, 264 So. 3d 325 (Fla. App. Ct. 2019)

. . . factors favored the former wife; and made equally detailed findings on the factors found in section 61.08 . . .

JULIA, v. JULIA,, 263 So. 3d 795 (Fla. App. Ct. 2019)

. . . Section 61.08(8), Florida Statutes (2015), provides in pertinent part: Permanent alimony may be awarded . . .

GRIFFITTS, v. GRIFFITTS,, 263 So. 3d 220 (Fla. App. Ct. 2019)

. . . See § 61.08(7), Fla. . . . Husband's alimony payments to be made through the state depository and by income deduction order, see §§ 61.08 . . .

INMAN, v. INMAN,, 260 So. 3d 555 (Fla. App. Ct. 2018)

. . . 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 . . .

F. BROWN A K A F. v. A. POOLE,, 261 So. 3d 708 (Fla. App. Ct. 2018)

. . . See § 61.08(3), Fla. Stat. (2015) ; Cantrell v. Home Life Ins. . . .

S. HORTON, v. D. HORTON,, 257 So. 3d 1197 (Fla. App. Ct. 2018)

. . . 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 . . .

MASNEV, v. MASNEV,, 253 So. 3d 638 (Fla. App. Ct. 2018)

. . . provisions of section 61.30, Florida Statutes (2016), as it did within the alimony provisions of section 61.08 . . .

VELEZ, v. MONTALVO- VELEZ,, 253 So. 3d 117 (Fla. App. Ct. 2018)

. . . 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 . . .

MAHONEY, v. MAHONEY,, 251 So. 3d 977 (Fla. App. Ct. 2018)

. . . Here, the trial court was authorized by the provisions of sections 61.08(3) and 61.13(1)(c), Florida . . .

MALOWNEY, v. MALOWNEY,, 250 So. 3d 204 (Fla. App. Ct. 2018)

. . . as constituting a substantial change in circumstances and recognizing "that all applicable section 61.08 . . .

J. JOHNSON, v. D. JOHNSON,, 268 So. 3d 183 (Fla. App. Ct. 2018)

. . . 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 . . .

CASTLEMAN, v. BICALDO,, 248 So. 3d 1181 (Fla. App. Ct. 2018)

. . . 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 . . .

STRICKLIN, v. STRICKLIN,, 247 So. 3d 96 (Fla. App. Ct. 2018)

. . . 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. . . .

K. PERSAUD, v. PERSAUD,, 244 So. 3d 410 (Fla. App. Ct. 2018)

. . . 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 . . .

BELLOWS, v. BELLOWS,, 245 So. 3d 999 (Fla. App. Ct. 2018)

. . . because the trial court failed to make findings of fact as to all of the statutory factors under section 61.08 . . .

E. DE LA PIEDRA, v. M. DE LA PIEDRA,, 243 So. 3d 1052 (Fla. App. Ct. 2018)

. . . Buchanan , 225 So.3d 1002, 1003 (Fla. 1st DCA 2017) ; § 61.08(2), Fla. Stat. . . .

HEDDEN, v. HEDDEN,, 240 So. 3d 148 (Fla. App. Ct. 2018)

. . . ." § 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)( . . .

SORIA, v. L. SORIA,, 237 So. 3d 454 (Fla. App. Ct. 2018)

. . . concerning the parties' incomes during the relevant [thirty-one month] period as required by section 61.08 . . .

E. BURNETT, Jr. v. M. BURNETT,, 237 So. 3d 447 (Fla. App. Ct. 2018)

. . . ." § 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. . . .

ISPASS, v. B. ISPASS,, 243 So. 3d 453 (Fla. App. Ct. 2018)

. . . 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 . . .

BRUCE, v. BRUCE,, 243 So. 3d 461 (Fla. App. Ct. 2018)

. . . 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 . . .

IN RE AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- NOMENCLATURE, 235 So. 3d 357 (Fla. 2018)

. . . 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 . . .

M. BRUNSMAN, v. L. BRUNSMAN,, 232 So. 3d 1175 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

SHIMER, v. COREY,, 230 So. 3d 624 (Fla. Dist. Ct. App. 2017)

. . . Section 61.08(3), Florida Statutes (2015), authorizes the trial .court to “order any party who is ordered . . .

BRADY, v. BRADY,, 229 So. 3d 892 (Fla. Dist. Ct. App. 2017)

. . . Section 61.08(3), Florida Statutes (2015), permits the trial court to order a party to purchase or maintain . . .

K. HUERTAS DEL PINO, v. E. HUERTAS DEL PINO,, 229 So. 3d 838 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

R. HODGE, v. B. HODGE,, 227 So. 3d 1284 (Fla. Dist. Ct. App. 2017)

. . . See § 61.08(2), Fla. . . . each party, including the, nonmarital and the marital assets and liabilities distributed to each.” § 61.08 . . .

GOODMAN, v. GOODMAN,, 231 So. 3d 574 (Fla. Dist. Ct. App. 2017)

. . . See § 61.08(2), Fla. Stat. (2013). . . .

SCHROLL, v. B. SCHROLL,, 227 So. 3d 232 (Fla. Dist. Ct. App. 2017)

. . . . § 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 . . .

BUCHANAN, v. BUCHANAN,, 225 So. 3d 1002 (Fla. Dist. Ct. App. 2017)

. . . .” § 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 . . .

J. NUGENT, v. E. NUGENT,, 225 So. 3d 994 (Fla. Dist. Ct. App. 2017)

. . . .” § 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). . . . .

BARLOW, v. BARLOW,, 224 So. 3d 868 (Fla. Dist. Ct. App. 2017)

. . . courts to consider bonuses in calculating a spouse’s income for purposes of child support, and section 61.08 . . .

B. HUA, v. H. L. TSUNG,, 222 So. 3d 584 (Fla. Dist. Ct. App. 2017)

. . . 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. . . .

D. DAVID, v. S. DAVID, Sr., 220 So. 3d 1284 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

LIBRIZZI, v. LIBRIZZI,, 228 So. 3d 593 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

F. NEWMAN n k a v. NEWMAN,, 221 So. 3d 642 (Fla. Dist. Ct. App. 2017)

. . . 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), . . .

ROSALER, v. H. ROSALER,, 219 So. 3d 840 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

GOTRO, v. GOTRO,, 218 So. 3d 494 (Fla. Dist. Ct. App. 2017)

. . . 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. . . .

K. STEPHENS, v. L. WHITTAKER,, 220 So. 3d 488 (Fla. Dist. Ct. App. 2017)

. . . improperly denied her claim for alimony without making the requisite findings of fact pursuant to section 61.08 . . .

M. HANSON, v. K. HANSON,, 217 So. 3d 1165 (Fla. Dist. Ct. App. 2017)

. . . Sobelman, 541 So.2d 1153, 1154-55 (Fla. 1989) (holding that section 61.08(3), Florida Statutes, permits . . .

COOK, v. COOK,, 215 So. 3d 188 (Fla. Dist. Ct. App. 2017)

. . . 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.” . . .

VISCITO, v. VISCITO,, 214 So. 3d 736 (Fla. Dist. Ct. App. 2017)

. . . See § 61.08(2), Fla. Stat. (2015). . . .

CONLIN, v. CONLIN,, 212 So. 3d 487 (Fla. Dist. Ct. App. 2017)

. . . See § 61.08(2), Fla. Stat. (2013); Cleary v. . . .

RAMADON, v. RAMADON,, 216 So. 3d 26 (Fla. Dist. Ct. App. 2017)

. . . See § 61.08(4), Fla. . . . .”); see also §§ 61.08(8) (stating that “[permanent alimony may be awarded following a marriage of long . . .

DUKE, v. DUKE,, 211 So. 3d 1078 (Fla. Dist. Ct. App. 2017)

. . . . § 61.08(2)(i), Fla. Stat. (2015). . . .

J. JIMENEZ, v. JIMENEZ,, 211 So. 3d 76 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

MORGAN, v. MORGAN,, 213 So. 3d 378 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

E. GARDINER, v. GARDINER,, 207 So.3d 987 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

C. HARRIS, v. HARRIS,, 205 So. 3d 873 (Fla. Dist. Ct. App. 2016)

. . . .§ 61.08(2), Fla. Stat. (2015); Zinovoy v. Zinovoy, 50 So.3d 763, 766 (Fla. 2d DCA 2010). . . .

KEYSER, v. S. KEYSER,, 204 So.3d 159 (Fla. Dist. Ct. App. 2016)

. . . 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. . . .

H. MU IZ, v. COMMISSIONER OF IRS,, 661 F. App'x 1027 (11th Cir. 2016)

. . . . § 61.08(1). . . .

BERGER, v. BERGER,, 201 So. 3d 819 (Fla. Dist. Ct. App. 2016)

. . . 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. . . .

B. CLEMENS, v. P. CLEMENS,, 200 So. 3d 237 (Fla. Dist. Ct. App. 2016)

. . . Section 61.08(4), Florida Statutes (2014), defines "long-term marriage” as a marriage having a duration . . .

KOSCHER, v. C. KOSCHER,, 201 So. 3d 736 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

J. LOSTAGLIO, v. N. LOSTAGLIO,, 199 So. 3d 560 (Fla. Dist. Ct. App. 2016)

. . . .” § 61.08(7), Fla. . . . Section 61.08(1), Florida Statutes (2014), permits a trial court to consider evidence of adultery in . . .

O. BREZAULT, v. BREZAULT,, 199 So. 3d 519 (Fla. Dist. Ct. App. 2016)

. . . 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) ... . . .

H. JORDAN, v. JORDAN,, 199 So. 3d 343 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

DICKSON, v. DICKSON,, 204 So.3d 498 (Fla. Dist. Ct. App. 2016)

. . . .” § 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 . . .

SHERLOCK, v. SHERLOCK,, 199 So. 3d 1039 (Fla. Dist. Ct. App. 2016)

. . . . § 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 . . .

KRUSE, f k a v. LEVESQUE,, 192 So. 3d 1263 (Fla. Dist. Ct. App. 2016)

. . . 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). . . .

W. STARK, v. H. STARK,, 192 So. 3d 632 (Fla. Dist. Ct. App. 2016)

. . . .” § 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 . . .

SERBOUSEK f k a v. LUCAS,, 191 So. 3d 539 (Fla. Dist. Ct. App. 2016)

. . . .” § 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. . . .

WATFORD, v. WATFORD,, 191 So. 3d 993 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

B. KETCHER, v. E. KETCHER,, 188 So. 3d 991 (Fla. Dist. Ct. App. 2016)

. . . although the trial court made findings in the final judgment addressing each of the factors in section 61.08 . . .

J. NOLAN, v. D. NOLAN,, 188 So. 3d 977 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

ABBOTT, v. ABBOTT,, 187 So. 3d 326 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

B. MANFRE, v. N. MANFRE,, 189 So. 3d 197 (Fla. Dist. Ct. App. 2016)

. . . 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). . . .

RHOADS, v. M. RHOADS,, 213 So. 3d 968 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

QUINONES, v. P. QUINONES IV,, 182 So. 3d 702 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

GOLDMAN, v. GOLDMAN,, 182 So. 3d 722 (Fla. Dist. Ct. App. 2015)

. . . Section 61.08(3), Florida Statutes (2013), authorizes a trial court to order the obligated spouse to . . .

JERICKA, v. JERICKA,, 198 So. 3d 661 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

ADDIE, v. COALE,, 179 So. 3d 534 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

VINSAND, v. VINSAND,, 179 So. 3d 366 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

TAYLOR, v. S. TAYLOR,, 177 So. 3d 1000 (Fla. Dist. Ct. App. 2015)

. . . 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). . . .

KELLEY, v. KELLEY,, 177 So. 3d 292 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

NIEKAMP, v. NIEKAMP,, 173 So. 3d 1106 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

BANKS, v. BANKS,, 168 So. 3d 273 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

N. BADGLEY, Jr. v. SANCHEZ,, 165 So. 3d 742 (Fla. Dist. Ct. App. 2015)

. . . 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. . . .

GILLIARD, v. GILLIARD,, 162 So. 3d 1147 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

A. WIX, v. M. WIX, Jr., 159 So. 3d 312 (Fla. Dist. Ct. App. 2015)

. . . Siegel, 700 So.2d at 415; see also §§ 61.076, 61.08(2)(d) & (i), 61.30(2)(a)(7), Fla. Stat. (2011). . . .

PURIN, v. PURIN,, 158 So. 3d 752 (Fla. Dist. Ct. App. 2015)

. . . 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. . . .

E. JUCHNOWICZ, v. P. JUCHNOWICZ,, 157 So. 3d 497 (Fla. Dist. Ct. App. 2015)

. . . While section 61.08(3), Florida Statutes (2012), provides that a trial court may order an alimony obligor . . .

W. MOORE, v. D. MOORE,, 157 So. 3d 435 (Fla. Dist. Ct. App. 2015)

. . . Florida Supreme Court stated, “We conclude that construed together, sections 61.046(7), 61.30(2)(a)(3), 61.08 . . .

CAINE, v. CAINE,, 152 So. 3d 860 (Fla. Dist. Ct. App. 2014)

. . . Additionally, while section 61.08(3), Florida Statutes (2010), authorizes a trial court to “order any . . .

S. WINDER, v. A. WINDER,, 152 So. 3d 836 (Fla. Dist. Ct. App. 2014)

. . . .” § 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 . . .

DIAZ, v. DIAZ,, 152 So. 3d 743 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

L. ALBU, v. ALBU,, 150 So. 3d 1226 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .