HCBA Lawyer Magazine Vol. 29, No. 3 | Page 49

pErmanEnT aLImonY In FLorIDa Marital & Family law Section Continued from page 46 This does not necessary mean that the permanent alimony award will be substantial. Alimony must always be based not only on the recipient spouse’s need, but also on the payor spouse’s realistic ability to pay. But, even in cases where the traditionally higher- earning spouse does not have the ability to pay alimony, Florida appellate courts expect that the trial court will enter a “nominal” alimony award — usually $1 per month for life — so that the needy spouse can return to court for an upward modification in the future. 3 The presumption in favor of permanent alimony is strong enough that even in cases where the trial court finds that there will JAN - FEB 2019 | HCBA LAWYER likely be no future need for alimony, the Florida appellate courts often require entry of a nominal award just in case the needy spouse fails to become self-supporting in the future. 4 In summation, at present there is a strong likelihood that a court will award permanent alimony in any case where the marriage exceeded 17 years and where one spouse historically helped to financially support the other spouse. If there is any doubt as to whether such an award is appropriate, the trial court will err on the side of awarding permanent alimony. § 61.08(8), Fla. Stat. (2018) See, e.g., Ayra v. Ayra , 148 So. 3d 142, 144 (Fla. 2d DCA 2014) (trial court required to award at least 1 2 nominal alimony where there was, among other things, a possibility that wife would be unable to meet her future needs). See, e.g., Nourse v. Nourse, 948 So. 2d 903, 904 (Fla. 2d DCA 2007) (explain ing purpose of nominal alimony award). 4 See, e.g., Liebrecht v. Liebrecht, 58 So. 3d 415, 418 (Fla. 2d DCA 2011) (although trial court found that wife could meet her future needs, it should have awarded nominal permanent alimony in case wife was unable to do so). 3 Author: Mark Baseman - Felix Felix Baseman 47