Florida alimony decisions are multi-faceted and there is no hard and fast calculation that can be used in all situations. Florida judges have wide discretion as to whom receives alimony payments, the length of those payments, the alimony amount, and the duration of the alimony.
Usually, in divorce cases involving issues of alimony, the court will consider that couple’s standard of living during the marriage as well as the need and ability to pay alimony once the former spouses separate and divorce. There are other relevant factors a family law judge in Florida will consider when making an alimony decision which include:
• The couples’ standard of living during the marriage in question;
• The duration of the marriage;
• The age and the physical and emotional condition of each party;
• The financial resources of each party, including the non-marital and marital assets and liabilities distributed to each;
• The earning capacities, educational levels, vocational skills, and employability of the parties;
• The contribution of each party to the marriage, including 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; and
• All sources of income available to either party.
In the most recent Florida legislative session, an alimony reform bill was sent to Governor Scott which would have made significant changes to how alimony is determined in allocated in the State. However, the Governor vetoed the bill.
In Florida, there are different types of alimony which I will write about in an upcoming post. For now, it’s good to know that there are the following types of alimony to which you may be entitled in a divorce settlement: permanent, rehabilitative, nominal, bridge-the-gap, lump sum, and durational.
Because alimony is not subject to formulaic calculations and is left to the discretion of the presiding judge, you will want to hire a Florida alimony lawyer who has the experience and the knowledge to handle this complex aspect of the divorce process. You may call me today for a free, initial consultation so we can discuss the particular circumstances of your case.