How is Alimony Decided in Florida?
Alimony, also known as maintenance or spousal support, is an important part of divorce proceedings in Florida. Alimony is not guaranteed in any divorce case. However, when one side can show that support is required, they may obtain spousal support for a certain period of time. Below, our Orlando spousal support lawyer outlines the main factors considered during alimony proceedings.
A Financial Need
Again, the spouse pursuing alimony must show that they have a legitimate need for support. They can do this by showing lack of employability or lower income. Showing that there is a significant disparity in economic resources between the two spouses can also show a financial need. For example, if a person cannot enter the workforce due to a disability and they were dependent on their spouse during the marriage, they may be awarded alimony.
An Ability to Pay
The courts typically do not want the terms of a divorce to place either party in financial hardship. Due to this, they will only award alimony if one party has the ability to pay it. When determining if there is an ability to pay, the court will consider the individual’s assets, income, earning capacity, and financial obligations.
The Type of Alimony
If it is determined that one spouse has a need for alimony and the other has the ability to pay support, the court will also decide on the type of alimony to award. Bridge-the-gap alimony is meant to essentially ‘bridge the gap’ between married and single life. This type of alimony is short-term and is only intended to help the recipient get back on their feet after divorce. Rehabilitative alimony is meant to support one spouse while they receive the necessary training or education to enter the workforce.
Durational alimony is generally longer-term. This type of support is paid for a specific amount of time. Durational alimony is the most common type in Florida. While permanent alimony was also once an option in Florida, this is no longer the case and courts will not award it.
The Amount of Alimony
Courts do not have a specific formula to determine the amount of alimony. Instead, they will consider many different factors. These include:
- Standard of living established during the marriage
- Length of the marriage
- Age and health of the two spouses
- Financial resources of both parties
- Earning capacity, including the income, education, skills, and employability of each spouse
- The contributions each spouse made to the marriage, including the childcare, homemaking, and career support
- The responsibilities each spouse will have for minor children after the divorce
- Any other factor relevant to the case
Our Spousal Support Lawyer in Orlando Can Prove Your Case
Whether you need to pursue alimony or defend against unfair demands for it, our Orlando spousal support lawyer at Anderson & Ferrin, P.A. can help. Our experienced attorney knows the strategies to prove your case and help you obtain the best possible outcome. Call us now at 407-412-7041 or contact us online to schedule a consultation and to learn more about how we can help.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html
