JONATHAN F. GOLDBERG
v.
JACQUELINE BETH GOLDBERG
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Alimony awards must be based on a party's net income, not gross income, as net income reflects the funds actually available to pay alimony.
[1] In determining a party's ability to pay alimony, the trial court must base its calculations on net income rather than gross income, as net income represents the funds act…
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Join FLexlaw to unlock all legal intelligence“Ability to pay alimony must be based on a party's net income, rather than gross income, as net income is the measure of funds available to the party.”
Court's explanation of the proper legal standard for alimony calculations.
In this divorce case, the trial court imputed $200,000 annual income to the husband and determined an alimony award. The husband appealed, challenging…
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PER CURIAM.
We find no abuse of discretion in the trial court’s imputation of income to the Husband at $200,000 a year. However, it appears that the trial court erred in using a gross income figure for determining alimony. Ability to pay alimony must be based on a party’s net income, rather than gross income, as net income is the measure of funds available to the party. See Whittaker v. Whittaker, 331 So. 3d 719, 721 (Fla. 4th DCA 2021); Conlin v. Conlin, 212 So. 3d 487, 488 (Fla. 2d DCA 2017). Where “it is not apparent that the trial court based its alimony calculations on net income,” an appellate court will reverse and remand for the trial court to make the required findings and to modify the award if necessary. Rentel v. Rentel, 124 So. 3d 993, 994 (Fla. 4th DCA 2013).
We affirm all other issues on appeal and reverse and remand for the trial court to reconsider the alimony award based on the Husband’s net income and to take additional evidence, if necessary, on the parties’ current incomes.
Affirmed in part, reversed in part, and remanded.
GROSS, DAMOORGIAN and KUNTZ, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Rentel v. Sun Rentel, 124 So. 3d 993 (Fla. 4th DCA 2013)
- Conlin v. Conlin, 212 So. 3d 487 (Fla. 2d DCA 2017)