I Earn Almost the Same as My Spouse: Is Alimony Worth Pursuing in Orlando?

As with many aspects of divorce in Orlando, alimony is calculated based on the income of each spouse. If you are approaching divorce for the first time, you may already know that the spouse who earns more may pay the lower-income spouse alimony. Although new Florida laws mean that these payments will usually end within a few years, they can still be costly for payers and beneficial for payees. What if you earn approximately the same amount as your ex? Is it even worth pursuing alimony in this situation?

There Is No Set Formula for Calculating Alimony in Florida 

There is no set formula for alimony calculations in the Sunshine State, and judges may use their own discretion to determine whether these payments are even necessary. Generally speaking, judges only award alimony for marriages that have lasted for more than just a few years. They may also be more likely to award alimony if one spouse faces dire economic straits after the divorce with no real job skills or income. Permanent alimony has been banned, leaving rehabilitative alimony as the most viable option in these situations.

For spouses who both earn approximately the same amount of income, neither may face economic insecurity after divorce. If both spouses earn approximately the same amount, there is no real justification for alimony. With the absence of this “income disparity,” judges will not order either spouse to pay alimony.

What Is the Definition of Income Disparity in Florida? 

Income disparity has a slightly elusive legal definition in Florida. When does the difference between two spouses’ income become high enough to warrant alimony payments? What is the amount of acceptable variance between “identical” incomes? Should a spouse pursue alimony if they earn $10,000 less per year than their ex? What about a $5,000 difference?

If one spouse earns $30,000 a year and the other earns $20,000, a disparity of $10,000 represents a 33% difference. But what if one spouse earns $300,000, and the other earns $290,000? In this case, the income disparity is so negligible that it hardly warrants alimony. The nature of these nuances is exactly why family law judges use their own discretion when approaching cases.

Spouses May Wish to Save Legal Fees and Forgo Alimony

 Spouses may decide that pursuing alimony is pointless, especially when they factor in the legal fees associated with this process. As a result, they may mutually agree to forgo alimony with a formal contract.

Find a Qualified, Experienced Alimony Lawyer in Orlando 

If you have been searching for a qualified, experienced alimony lawyer in Orlando, look no further than Steve Marsee, P.A. We know that alimony can seem like a complex subject, especially with recent changes in Florida’s divorce laws. One of the most important steps as you approach this situation is to determine whether alimony is even worth pursuing. A divorce settlement can help you avoid this needless process, and it could help both spouses save on legal fees. Book your consultation today to learn more about your legal options.

Sources: 

flsenate.gov/Committees/BillSummaries/2023/html/2984#:~:text=CS%2FSB%201416%20%E2%80%94%20Dissolution%20of%20Marriage&text=Changes%20to%20the%20laws%20governing,and%20durational%20forms%20of%20alimony.

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html