Florida | Family Law
Legal Question
The standard of living during the marriage and alimony
The standard of living during the marriage
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Read More Answered By: Edward J. Chandler |
The standard of living during the marriage and alimony The factor involving the standard of living during the marriage is of little practical value in deciding the alimony question. Nichols v. Nichols, 907 So.2d 620, 623 (Fla. 4th DCA 2005) (when the parties have lived beyond their means, standard of living during marriage not a useful guide in awarding alimony). Moreover when a high standard of living has been made possible only by contributions from parents, awarding permanent alimony fixed at that standard could have a pernicious effect. Doing so rewards extravagance and encourages lifetime profligacy while discouraging correction, legitimizes waste, and perverts the basic purpose of alimony—providing assistance for those who are unable to support themselves. Fixing alimony at a profligate standard of living is to turn alimony into a lottery. That is one reason why the standard of living during marriage is not a super factor trumping all other factors in awarding alimony. Lambert v. Lambert, 955 So.2d 35 (Fla. 3d DCA 2007); Donoff v. Donoff, 940 So.2d 1221, 1225 (Fla. 4th DCA 2006) (purpose of factor about standard of living during marriage has only limited meaning and application). |
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