Thursday, May 24, 2012

Second District Affirms Denial of Alimony

The Second District Court of Appeal ruled yesterday in Payne v. Payne, a case in which the parties sought dissolution of a seventeen year marriage, and the Husband appealed the denial of his request for permanent alimony.  The Court found that, while the presumption in favor of permanent alimony was certainly invoked, this was insufficient without a showing of need on the Husband’s part beyond his own capacity to earn.  The Court did, however, rely on the parties’ disparity in earning power and assets to reverse the denial of attorneys’ fees to the Husband.

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