Legal Question in Family Law in Florida

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).