L A W
By K. Dean Kantaras and Jennifer H. Cavill
AS A FAMILY LAW PRACTITIONER,
I am often asked how much
alimony a client can expect to
receive. However, the answer is case
specific and always depends on the
financial need of the party seeking alimony
and the other party’s ability to pay. Under
current Florida Law, there is not a specific
formula for determining an alimony
award although Senate Bill 668, currently
pending, seeks to establish presumptive
alimony amount and duration ranges
based upon a specific formula. However,
until such bill is passed, calculating
alimony is not so cut and dry.
Since the reform bill has not yet passed,
the Court does not use a formula, but
instead must make certain findings
of fact to determine the appropriate
alimony award, including whether the
party seeking alimony has the need for
support, whether the other party has the
ability to pay and how long the parties
have been married. Moreover, the Court
is also required to look beyond those
basic facts and consider multiple other
factors when determining the appropriate
amount of alimony, such as the standard
of living the parties enjoyed during the
marriage, the age and the physical and
emotional condition of each party, the
financial resources of each party, including
the nonmarital and the marital assets and
liabilities distributed to each, the earning
capacities, educational levels, vocational
skills, and employability of the parties and,
when applicable, the time necessary for
either party to acquire sufficient education
or training to enable such party to find
appropriate employment, the contribution
of each party to the marriage, including,
but not limited to, services rendered in
homemaking, child care, education,
and career building of the other party,
the responsibilities each party will have
with regard to any minor children they
have in common, the tax treatment and
consequences to both parties of any
alimony award, including the designation
of the marriage. After these initial findings,
the Court will be required to calculate
alimony ranges based upon a specific
formula. The low end of the alimony
range will be calculated as follows: (.015
x the years of marriage) x the difference
between the monthly gross incomes of the
parties. The high end of the alimony range
will be calculated as follows: (.020 x the
years of marriage) x the difference between
the monthly gross income of the parties.
Senate Bill 668 also provides formulas for
the presumptive alimony duration range.
To learn more about the many proposed
changes to alimony as set forth in Senate
Bill 668 and how these changes may impact
your case, contact K. Dean Kantaras, P.A.
at (727) 781-0000.
EDITOR’S NOTE: K. Dean Kantaras has been
licensed to practice law in Florida for over
nineteen years. Mr. Kantaras is the managing
partner of K. Dean Kantaras, P.A., a firm
handling cases in family law and immigration.
Mr. Kantaras is board certified in marital and
family law by the Florida Bar, a distinction
held by less than one percent of all attorneys
licensed to practice in Florida. He is “A” rated
by Martindale-Hubbell, the highest possible
rating. He is a member of the Supreme Court
of the United States, the United States Court
of Appeals for the 11th Circuit and Middle
District, The Florida Bar, and the Clearwater
Bar Association. His offices are located at 3531
Alternate 19, Palm Harbor, 34683, (727) 781-0000
and 1930 East Bay Drive, Largo, 33771,
(727) 544-0000. www.Kantaraslaw.com.
Jennifer Cavill, Esq. is an Associate Attorney
at the firm. She is a member of the Florida Bar,
the United States District Court-Middle
District of Florida, Clearwater Bar and St.
Petersburg Bar Associations and Canakaris
Inn of Court.
Alimony
What To Expect
K. Dean Kantaras, Esq.
of all or a portion of the payment as a
nontaxable, nondeductible payment, all
sources of income available to either party,
including income available to either party
through investments of any asset held by
that party, and any other factor necessary to
do equity and justice between the parties.
See §61.08, Florida Statutes.
It is reversible error for a trial court to
enter an initial alimony award that does
not meet a recipient’s need despite the
payor having the ability to pay where
evidence need was presented. See Rhoads
v. Rhoads, 40 Fla. L. Weekly D2825 (Fla. 1st
DCA Dec. 22, 2015). The above-referenced
factors must be considered not only for
initial alimony awards, but also in alimony
modification proceedings as well.
Senate Bill 668 proposes many changes
to §61.08, Florida Statutes including, but
not limited to, requiring the Court to make
initial findings as to the parties’ gross
income, including but not limited to the
actual or potential income and the duration
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128 TAMPA BAY MAGAZINE MARCH/APRIL 2016