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Should Not Have To Work 7 Days A Week For Alimony

April 22, 2016 by  
Filed under Uncategorized

Equitable Distribution and Alimony Decision Reversed

In alimony calculation news, in Nolan v. Nolan, the First District Court of Appeals ruled that a former husband should not have to work 7 days a week for the purposes of alimony.  The Court reasoned that while the trial court had stated that the former husband should not have to work seven days a week it had mistakenly used an income figure based upon him having to do so for the purposes of calculating his alimony obligation.  Because the trial court’s equitable distribution schedule was being reversed the appellate court could have left the alimony issue alone, since a change in equitable distribution would have necessitated a change in alimony, as equitable distribution is always calculated first and changes the circumstances of the parties in terms of the potential need and ability to pay alimony.  Regardless the appellate court chose to address the issue.

Alimony is based upon the length of a marriage and the parties need and ability to pay alimony.  In this case the former husband presented evidence to the court that while he had historically worked 7 days a week, holidays, and overtime, during the marriage he was no longer being offered the shifts to do so and his doctors had told him he needed to cut back on his work such that he had been working less since separation.  The trial court rejected the former husband’s claim but still acknowledged he should not have to work every day of the week.  The First District Court of Appeals interpreted this as a finding by the trial court that the former husband could not earn as much as he had when he was working 7 days a week and accordingly reversed the portion of the judgment that calculated alimony based on his income while working 7 days a week.

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