Category: Family Law Appeals Blog
Subject: Standard of Living and Relationship to Alimony Award
By: Erin, Senior Attorney, De Novo Review
Is the marital standard of living still a driving force in determining whether to award alimony?
It appears not. Recent Florida case law indicates the standard of living factor, recited in Section 61.08(2)(a), Florida Statues (2015), might be of less import today. See, e.g., Donoff v. Donoff, 940 So. 2d 1221, 1225 (Fla. 4th DCA 2006) (“The standard-of-living is not a super-factor in setting the amount of alimony-trumping all others. It has only a case specific and quite limited purpose.”); Lambert v. Lambert, 955 So. 2d 35, 38 (Fla. 3d DCA 2007) (citing to Donoff and stating, “the trial court must not only consider the lifestyle achieved during the marriage, but must also consider the needs of the spouse requesting alimony and the ability of the other spouse to make alimony payments”); Jaffy v. Jaffy, 965 So. 2d 825, 827 (Fla. 4th DCA 2007) (“[T]he factor involving the standard of living during the marriage is of little practical value in deciding the alimony question.”).
For additional cases similar to these, or for additional research needs on the subject, please contact us at: genny@denovoreiew-new.us21.cdn-alpha.com.