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
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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