In Florida divorce cases where alimony is a relevant factor, the Court will consider a number of factor in determining whether alimony is appropriate as well as the amount and duration of that alimony. In the Sunshine State, there are different forms of alimony that may be available including bridge the gap, rehabilitative, durational or permanent in nature or any combinations of these forms of alimony These are some of the factors that will be taken into consideration:
- The couple’s standard of living during the marriage;
- The length of the marriage;
- The age, physical and emotional status of the parties involved;
- The couple’s financial situation-individually and collectively;
- Earning capacity including future earning potential based on education, skills, and employability;
- 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;
- Parental responsibilities regarding minor children;
These factors and others may be considered in determining if alimony is appropriate and the amount that may be proper according to the particular circumstances of the case. Appellate courts in Florida have ruled that the duration of a marriage may not be the sole factor in determining alimony. Concerning temporary alimony, the courts have ruled that the standard of living the couple enjoyed during the marriage is “not a super factor trumping all other factors in awarding alimony.” However, temporary alimony may be awarded depending upon the circumstances at the time of divorce for either party. Recently, I represented a husband in a divorce case. Due to his life situation, he has no income and no way to support himself. The divorcing spouse on the other hand, earns a substantial income and holds a stable job. In this instance, the husband may be able to receive temporary alimony from the wife.
If you are contemplating a Florida divorce and you have questions about spousal support, child custody, or alimony, please give me a call to arrange a free initial consultation.