The Alimony Two Step
The recent case Shouman v. Salama (Fla. 6th DCA 2025) is very helpful to family law attorneys by illustrating the two-step process for determination of alimony and spousal support in Florida divorce cases.
In Shouman, the former wife appealed the trial court’s final judgment that denied her request for alimony. The Sixth DCA found that F.S. 61.08(2) requires a two-step process to determine whether alimony should be awarded.
First, the court must determine if there is an actual need for alimony on one hand and the ability to pay it on the other, basing this determination strictly on the parties’ net incomes after deducting reasonable expenses.
If both need and ability to pay are established, the second step involves deciding the type, amount, and duration of alimony, taking into account various statutory factors specified in F.S. 61.08(2), such as age, health, financial resources, earning capacity, education, and employment prospects.
The Sixth District found that the trial court improperly combined the two steps by finding the former wife proved need for alimony in the amount of $4,000, but at the same time finding she did not have need because she was able-bodied, employable, and had received substantial assets through equitable distribution—factors that are relevant only in the second step of the statutory analysis. By using these second-step considerations to nullify a clear finding of need in the first step, the trial court deviated from the correct legal procedure.
Also notable, the Sixth District held that the trial court erred by finding that the former husband lacked ability to pay. The trial court found that the former husband had a net monthly income of $2,980.58 which was less than his monthly deficit of approximately $3,800 based on his listed, reasonable expenses. However, the trial court failed to recognize that the former husband’s expenses were actually paid by his business. Therefore, his entire income constituted surplus funds, and he indeed had the ability to pay alimony.
The Sixth District remanded to the trial court for a proper reassessment of alimony consistent with the statutory framework, as well as a reassessment of child support since alimony impacts the calculation of child support.
Michael DeVoe is a divorce attorney in Orlando, Florida practicing contested divorce, uncontested divorce, timesharing, visitation, custody, paternity, child support, injunctions, and other family law cases.
