Each week we look at what is new in Florida family law and what it means for families in the Panhandle. This week: a First District alimony decision from our own circuit, a property lesson for business owners, and a parenting plan check before holiday travel.
1. Alimony needs findings on real numbers
On October 28, the First District Court of Appeal decided Short v. Short, an appeal from Holmes County. The trial court awarded the wife durational alimony. Its judgment said the wife had a need and the husband could pay, and it calculated the statutory ceiling.
The First District reversed the alimony award. Under section 61.08, Florida Statutes, before awarding alimony the trial court must make specific findings of actual need and ability to pay, measured using each spouse’s net income after reasonable expenses. The judgment did not identify either spouse’s reasonable expenses, put a number on the wife’s need, or determine what the husband had left after his own reasonable expenses. Because the expenses were disputed, the appeals court sent the case back for the trial court to make those findings, without directing any amount.
First District decisions are binding in Bay County. This decision is not yet final. The lesson for both sides: alimony turns on actual monthly figures. Whether you are asking for alimony or being asked to pay it, an accurate financial affidavit and proof of your reasonable expenses matter.
Read the decision: Short v. Short, No. 1D2025-0918 (Fla. 1st DCA Oct. 28, 2026)
2. Part of a business means part of its debts
On October 30, Florida’s Fifth District Court of Appeal decided Malone v. Malone. The spouses owned 51 percent of a business, and the husband testified that his business partner was responsible for the other 49 percent of its liabilities. In dividing the marital property and debts, the trial court assigned 100 percent of the business debt to the husband. He agreed on appeal that this was a mistake, and the Fifth District sent the case back to correct the debt figure and reconsider the overall division.
Bay County judges generally follow this decision unless the First District has ruled differently. It is not yet final. The lesson: if a business is part of your divorce, know exactly what share the marriage owns, and bring the operating agreement and loan papers that show who owes what.
Read the decision: Malone v. Malone, No. 5D2025-0653 (Fla. 5th DCA Oct. 30, 2026)
3. Exchange spots and phone calls: check your plan before the holidays
Holiday travel is coming. Under section 61.13, Florida Statutes, a court approved parenting plan must describe the methods and technologies the parents will use to communicate with the child, and, unless both parents agree otherwise in writing, designate authorized locations for exchanging the child.
Pull out your plan now. Where do exchanges happen? When may each parent call or video chat with the children? If you agree on a different exchange spot for a trip, put it in writing. Your own plan controls, so follow what yours actually says.
Read more: Section 61.13, Florida Statutes
Questions about alimony, dividing property, or your parenting plan? If you live in Bay County or elsewhere in the Panhandle, we are glad to talk. Call (850) 871-7397 or schedule a consultation.
The appellate decisions discussed above are not yet final. This post is general information about Florida law, not legal advice. Reading it does not create an attorney client relationship.