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Keywords

attorneyappealhearingtrialalimony
attorneyappealtrialalimony

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Alizzi v. Alizzi, 350 So.3d 758, 47 Fla. L. Weekly D2287

Facts

The parties had a twenty-three-year marriage and separated when they were in their late sixties. Upon separation, the wife moved into her daughter's home and had liquid assets of $82,000 in checking accounts and $215,000 in her IRA. By the time of the temporary relief hearing, the wife's liquid assets had decreased significantly due to attorney fees and other expenses, leaving her with approximately $10,000 in checking accounts and $72,000 in her IRA. The wife testified that her only income was from Social Security and a pension, totaling $3,424 per month, and she required support to maintain her pre-separation lifestyle.

The parties had a twenty-three-year marriage and separated when they were in their late sixties.

Issue

Did the trial court err in denying the wife's request for temporary spousal support and attorney fees?

Did the trial court err in denying the wife's request for temporary spousal support and attorney fees?

Rule

Temporary awards of alimony must be supported by competent, substantial evidence demonstrating the actual need for support and the paying spouse's ability to pay.

Temporary awards of alimony must be supported by competent, substantial evidence demonstrating the actual need for support and the paying spouse's ability to pay.

Analysis

The court found that while the wife's requested financial need of $10,174 per month was not supported by competent substantial evidence, the trial court's ruling of $1,494 was also unsupported. The husband's forensic accountant testified that the wife's actual expenses totaled $6,858 per month, and the court determined that the husband had the ability to pay at least $3,434 in temporary monthly support. Additionally, the court noted that the trial court erred in considering the wife's non-liquid assets when denying her request for temporary attorney fees.

The court found that while the wife's requested financial need of $10,174 per month was not supported by competent substantial evidence, the trial court's ruling of $1,494 was also unsupported.

Conclusion

The District Court of Appeal reversed the trial court's decision and remanded the case with instructions for the trial court to award the wife $3,434 per month in temporary spousal support and to reconsider her request for temporary attorney fees based on her available assets.

The District Court of Appeal reversed the trial court's decision and remanded the case with instructions for the trial court to award the wife $3,434 per month in temporary spousal support and to reconsider her request for temporary attorney fees based on her available assets.

Who won?

The wife prevailed in part, as the appellate court found that the trial court's denial of her requested support and fees was not supported by competent evidence.

The wife prevailed in part, as the appellate court found that the trial court's denial of her requested support and fees was not supported by competent evidence.

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