I'm Considering Divorcing In Florida But Am Concerned About Alimony. Will The Court Give Us Each 50 Percent Of Our Income In Alimony?
No, a court will not necessarily make sure that you two each have the same
amount of income after a divorce. A court will take a variety of factors
into account in Florida when awarding alimony, but it’s unlikely
that both spouses will have an equal amount of income after the divorce.
There is no magic formula used by Florida courts in awarding alimony. Instead, courts will look at the incomes of both parties, the ability of the higher income earner to pay, and the needs of the lower income earning spouse. Also, the court will look at how the rest of the marital property is divided. For example, a couple could agree that the wife will be allowed to keep the house, which is paid for, but in exchange she receives no alimony. A court will take property division into account when deciding how much alimony each party should receive.
Courts will also look at other sources of income, each spouse’s work history and employability, the standard of living during the marriage, how long the marriage lasted, each spouse’s physical health, each spouse’s contribution to the marriage, and any responsibilities for minor children of the marriage. In Florida, there are five types of alimony: temporary, bridge-the-gap, rehabilitative, durational, and permanent. A judge can award any of these which are appropriate in your situation. The award can be monthly or may be required in a lump sum.
It’s critical that you fight for your rights to alimony during the divorce process. Although it’s understandable that you probably want the divorce over as soon as possible, if you agree to less alimony to get everything over with quickly, you will have a great deal of expense and difficulty if you change your mind later about alimony.
Posted By
Dale L. Bernstein, Chartered Law Office
Categories:
There is no magic formula used by Florida courts in awarding alimony. Instead, courts will look at the incomes of both parties, the ability of the higher income earner to pay, and the needs of the lower income earning spouse. Also, the court will look at how the rest of the marital property is divided. For example, a couple could agree that the wife will be allowed to keep the house, which is paid for, but in exchange she receives no alimony. A court will take property division into account when deciding how much alimony each party should receive.
Courts will also look at other sources of income, each spouse’s work history and employability, the standard of living during the marriage, how long the marriage lasted, each spouse’s physical health, each spouse’s contribution to the marriage, and any responsibilities for minor children of the marriage. In Florida, there are five types of alimony: temporary, bridge-the-gap, rehabilitative, durational, and permanent. A judge can award any of these which are appropriate in your situation. The award can be monthly or may be required in a lump sum.
It’s critical that you fight for your rights to alimony during the divorce process. Although it’s understandable that you probably want the divorce over as soon as possible, if you agree to less alimony to get everything over with quickly, you will have a great deal of expense and difficulty if you change your mind later about alimony.