Requests for alimony during Florida divorces can trigger conflict between spouses and also triggers intentional financial misconduct in many cases. People required to provide financial support after the end of a marriage may resent that obligation. Some people go so far as to leave well-paid jobs to become underemployed or even unemployed. The goal is to manipulate the financial calculations when determining how much alimony is appropriate.
How do the Florida family courts handle cases where one spouse intentionally lowers their income to reduce or avoid alimony obligations?
The courts can impute potential income
Financial support calculations typically focus on the current income of the party requesting alimony and the party who may need to pay. However, if an individual clearly does not earn what they are capable of earning due to their employment history and education, the courts can impute their realistic and appropriate income based on their credentials and prior employment.
Imputing income often occurs in child support cases, but it can also occur when one spouse alleges that the other has intentionally become underemployed or left a well-paid job without an alternate source of income with the intention of avoiding alimony obligations. The courts can theoretically calculate alimony eligibility and the amount of alimony owed based on what spouses could earn if they optimized their careers rather than maintaining their current income.
Reviewing financial records and communications with a spouse with a skilled legal team can help those concerned about alimony orders in a Florida divorce understand their options. Those dealing with intentionally unemployed or underemployed spouses may need support pursuing accountability in the family courts, and that’s okay.