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Defenses to Alimony in Florida

Defenses to Alimony in Florida

Get insights on the most effective defenses to alimony in Florida, including lack of need, inability to pay, adultery, short-term marriage factors, and waiver of claims.

Alimony, or spousal support, is often awarded to provide financial assistance to a spouse after a marriage ends. However, not all alimony claims are justified, and Florida law provides several defenses to contest these claims. Whether it’s proving a lack of financial need, inability to pay, or challenging claims based on marital misconduct, understanding your rights is essential to protecting your financial future.

This guide lists some of the defenses to alimony in Florida, breaking down some of the defenses in detail and explaining how to proceed if you’re faced with an alimony claim.

In this article, we’ll break down:

How to Defend Against Alimony in Florida

Defenses to alimony claims in Florida are primarily governed by Florida Statutes § 61.08, which sets forth the criteria courts must consider when determining whether alimony is appropriate. The most common defenses involve challenging financial need, demonstrating inability to pay, addressing issues of marital misconduct such as adultery, or highlighting unusual circumstances, such as short-term marriages, that could nullify the need for ongoing financial support.

These are the common defenses to alimony in Florida:

Proving Lack of Need or Ability to Pay

Under Florida law, alimony cannot be awarded unless two findings are made:

  1. The requesting spouse must demonstrate an actual need for support, and
  2. The other spouse must have the ability to pay.

Both findings are required before any form of alimony may be granted. The burden of proof lies with the spouse seeking alimony to show both financial necessity and the other party’s capacity to meet that need.

Courts routinely deny alimony when the evidence does not support a genuine financial need. If the requesting spouse has adequate income, access to assets, or another means to support themselves, the courts are likely to deny alimony. Similarly, courts will deny alimony if the potential paying spouse lacks the financial resources to pay it, even if a need is shown.

Using Adultery as a Defense

Under Florida law, adultery is not an automatic defense to awarding alimony. However, it could be used as a defense if one spouse has spent or wasted marital funds on a lover. For example, if an unfaithful spouse spent money on vacations, gifts, or other personal expenses for their lover, this may be considered financial waste. Such waste will be taken into account when calculating the amount of alimony awarded.

There have been numerous cases in which one spouse used adultery as an argument for and against alimony. For example, in Vandervoort v. Vandervoort, 265 So.2d 77 (1972), the husband attempted to use his wife’s alleged adultery as a justification or defense for failing to pay alimony. The court maintained the alimony awarded to the wife and held that refusing to find that adultery is a complete bar to alimony was not an abuse of the court’s discretion.

This decision was reaffirmed 14 years later in Noah v. Noah, 491 So.2d 1124 (1986), where it was ruled that the primary factors to take into consideration when awarding alimony should be need and the ability to pay.

Defenses in Short-term Marriages

If a marriage was short-term, meaning less than seven years in duration, permanent alimony is unlikely to be awarded. For example, in Taylor v. Davis, 324 So.3d 570 (2021), the court reversed an award of permanent alimony because the marriage was short-term and there were no exceptional circumstances warranting permanent support.

However, there are some exceptions to this position. If the requesting spouse has a disability or is otherwise unable to become self-supporting, the courts may make an exception and grant permanent alimony.

Statutory Factors Considered by Courts

In addition to the defenses above, Florida Statutes § 61.08 outlines a comprehensive list of factors that courts must evaluate when determining whether to award alimony. These factors include:

  • The duration of the marriage
  • The standard of living established during the marriage
  • The age, physical health, and emotional condition of each spouse
  • Each spouse’s income, earning capacity, and employability
  • Contributions to the marriage, including homemaking and child care
  • Responsibilities regarding minor children
  • The equitable distribution of marital assets and liabilities

It’s not unusual for a defending spouse to argue that one or more of these factors weigh against an alimony award. However, as noted above, the primary issue in the determination of an award of alimony is based on your spouse’s need and your ability to pay.

Waiver of Right to Alimony

It’s not uncommon for a former spouse to seek alimony after the final judgment of divorce. These claims are difficult, because if a spouse doesn’t request alimony in writing before the final hearing, they’re considered to have waived their claim and may be barred from claiming the right to alimony at a later date.

What Should You Do if Faced With an Alimony Claim?

Alimony claims can have a significant financial impact, but Florida law provides several defenses to protect your rights. The most effective defenses include demonstrating the absence of financial need, establishing inability to pay, challenging the relevance or impact of alleged adultery, disputing permanent alimony in short-term marriages, and raising statutory factors that weigh against support.

If you’re faced with an alimony claim, don’t navigate it alone. The first step you should take is to talk to an experienced family law attorney. They can work with you to build a defense based on your circumstances.

Contact experienced family law attorney Larry Schott to protect your financial future. You can contact Larry by email or call our office at (954) 880-1302 to discuss your case or book a consultation.

Please Note: The information above is for informational purposes only and should not be relied upon as legal advice as each case is unique and each case should be evaluated on its own merits. The above are not the only defenses that may be asserted in an alimony case; however, these are common arguments made in Florida courts. Each case is different, and each case must be evaluated based on its own merits. Therefore, we strongly recommend talking with a licensed Florida lawyer to learn your rights for your particular facts and circumstances.