Considerations for Florida Alimony

The purpose of alimony is to provide financial assistance to the economically disadvantaged spouse in a divorce. The main aspects of alimony in Florida include that the couple must be in a legal marriage, there must be a need for assistance on the part of the requesting spouse, and the other spouse must have the ability to pay. This concept is aptly termed “need and ability to pay.” However, there are other factors that the court will consider when determining alimony.

Florida Alimony Law

The amount and type of alimony distributed in a Florida divorce is determined by each individual situation. It is fact sensitive and the judge has wide latitude in determining what a fair amount for alimony payments is. Florida law, Chapter 61.08, gives some guidance on the amount and type of alimony that may be awarded in a divorce.

Under the law, “in a proceeding for dissolution of marriage, the court may grant alimony to either party, which may be bridge-the-gap, rehabilitative, durational, or permanent in nature, or any combination of these forms of alimony. In any award of alimony, the court may order periodic payments or payments in lump sum or both.”

Florida Alimony Considerations

The state statutes also provide the court with a list of factors that shall be considered when making a determination for alimony. In addition to the circumstances listed, the court may also consider the adultery of either spouse, as well as the circumstances surrounding the adultery in determining the amount of alimony to be awarded.

According to the law, the court must consider the following relevant factors when determining an award for alimony to a spouse, including but not limited to:

• The standard of living established during the marriage;
• The duration of the marriage;
• The age and the physical and emotional condition of each party;
• The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each;
• The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment;
• The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;
• The responsibilities each party will have with regard to any minor children they have in common;
• The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment;
• All sources of income available to either party, including income available to either party through investments of any asset held by that party; and
• Any other factor necessary to do equity and justice between the parties

Contact an Orlando Divorce Attorney Today

Unlike child support, there is no mathematical formula for determining alimony payments in Florida. If you or a loved one has questions regarding alimony or any other aspect of family law in the Orlando area, let Steve W. Marsee, P.A. help. Call the firm at 407-521-7171 or contact the office today for a free and confidential review of your case.