How Is Alimony Decided

Divorce is a difficult process, both emotionally and financially. One of the major concerns for many couples going through a divorce is the issue of alimony, which refers to the financial support provided by one spouse to the other after the marriage has ended. 

In Florida, alimony is determined based on a variety of factors, including the length of the marriage, the financial resources and earning capacity of each spouse, and the standard of living during the marriage.

Types of Alimony

Florida law recognizes several different types of alimony, including:

• Temporary alimony: This type of alimony is awarded during the divorce process and is meant to help the lower-earning spouse cover expenses while the divorce is pending.

• Bridge-the-gap alimony: This type is awarded to help a spouse transition from being married to being single. It is typically awarded for a short period, usually less than two years.

• Rehabilitative alimony: This is awarded to help a spouse become self-sufficient. It may be awarded to help a spouse obtain the education or training needed to get a job or start a business.

• Durational alimony: This is awarded for a set period and is typically awarded in marriages of moderate length.

• Permanent alimony: This is awarded in marriages of a long duration and may continue until the death of either spouse or until the receiving spouse remarries.

Factors Considered in Determining Alimony

When determining the amount and duration of alimony, Florida courts consider several factors, including:

• The length of the marriage: Depending on the length of marriage, the longer the marriage, the more likely it is that alimony will be awarded.

• The financial resources of each spouse: This includes income, assets, and earning capacity.

• The standard of living during the marriage: The court will consider the lifestyle the couple enjoyed during the marriage. It will also consider whether it is reasonable to expect both spouses to maintain that standard of living after divorce.

• The age and health of each spouse: The court will consider the physical and emotional health of each spouse and whether either spouse has any special needs.

• The contributions of each spouse to the marriage: This includes both financial and non-financial contributions, such as caring for children or supporting a spouse’s career.

• Any other factors the court considers relevant: The court has the discretion to consider any other factors that it deems relevant to the determination of alimony.

In addition to these factors, Florida law requires the court to consider whether either spouse committed adultery during the marriage. However, this is not necessarily a determining factor in the award of alimony.

If the spouse who committed adultery is the one requesting alimony, their behavior may be taken into consideration by the court. Adultery can be seen as a breach of trust and may be viewed as a factor in reducing or denying alimony payments as well as the impact the affair had on their financial well-being and adjusting the amount and duration of the alimony payments.

If you are going through a divorce and have questions about alimony, it is important to speak with an experienced family law attorney who can help you understand your rights and options under Florida law.

Lawyer Russell A. Spatz has helped countless people in Florida with their family law needs. He takes the time to listen to your concerns, so he can provide the guidance that you need to achieve a better future for your family.

To arrange a consultation with Russell Spatz, call 305-442-0200 or contact him online.

Sources: 

https://www.lawhelp.org/dc/resource/frequently-asked-questions-about-alimony

https://www.justia.com/family/divorce/alimony-forms-50-state-resources/