Divorce has the potential to completely change a person’s life, for better or worse. One of the most significant changes you will experience to some extent after divorce is a change in your finances.
in order to ease some aspects of the financial transition between marriage and divorce, Florida laws allow you to pursue spousal support, or alimony. The more financially secure person pays this money to the financially disadvantaged spouse. However, whether or not alimony will be awarded in your case will depend on several factors.
Generally speaking, the factors that will be considered in assessing an alimony request can be grouped into three categories: financial status of the potential recipient, financial status of the potential payer, and the details of your marriage.
If you are requesting alimony, the courts will look at:
- Your education level and training
- Your earning capabilities
- Your child custody responsibilities
- Your need for support
If you are being asked to pay alimony, the courts will assess:
- Your available income
- The tax implications of paying alimony
- Your financial resources outside of income
- You ability to pay support
The courts will also examine the following elements of your marriage:
- The length of the marriage
- The lifestyle enjoyed by both parties during the marriage
- Each person’s contribution to the marriage
- The reasons why the marriage ended
Based on these and other factors, the courts will decide if alimony is appropriate. If so, they will then determine how much alimony will be ordered and how long it will be paid.
With all this in mind, you may be able to get an idea of whether or not alimony might be awarded in your situation. If there is a need and means available, it could certainly be a factor in your divorce. However, every divorce is different and no two petitions for alimony are the same.
In order to more specifically evaluate your situation and the potential for alimony, it can be crucial that you discuss your case and your post-marital financial concerns with your attorney.