When Equitable Distribution Conflicts with Alimony Awards

In Florida, equitable distribution and alimony are separate but often overlapping concerns. A large asset distribution may influence whether alimony is necessary or appropriate.

Under §61.08, Florida courts examine factors such as need and ability to pay. In *Lutgert v. Lutgert*, 338 So. 3d 1149 (Fla. 2d DCA 2022), the court found that a significant property award could reduce the justification for ongoing alimony.

This “offset” approach is common: the more assets a spouse receives, the less likely they are to qualify for spousal support. However, courts will not penalize a financially dependent spouse simply for being awarded marital property.

Tip: Avoid duplicating claims—do not count the same funds as both income and equitable property. Courts require clarity to avoid inequity.

For strategic insight into balancing alimony and asset division, call or text Rhoden Law Group at 321-549-3162 or contact us online.

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