Is Alimony Guaranteed in Florida?
Alimony is meant to prevent a former spouse from financially struggling due to divorce. However, it is not guaranteed under Florida law. Alimony will only be awarded under certain circumstances. Moreover, the length of time and amount of alimony that is awarded will depend on a variety of factors, which we will review in this blog.
Determining Alimony in a Divorce
No divorce cases are identical, but there are some basic factors a judge will review when determining alimony in most cases.
Here are some of the factors that will guide a judge’s decision on this matter:
- How many years did the marriage last? The length of a marriage will play a key role in determining if alimony should be awarded and how long it should last. In Florida, short-term marriages are considered anything less than 7 years. A moderate-term marriage is more than 7 years and less than 17 years. A long-term marriage is one that lasted 17 years or more.
- Is there a substantial gap in earning potential, income, or financial resources? Another essential factor in determining alimony is the earning potential, income, or financial resources of each party. If you earn more than your spouse, for example, you may be ordered to pay alimony. If you earn the same amount or the gap in income is minimal, it is unlikely a judge will award alimony since there will be no need for it. It is a particularly important factor in high asset divorce cases.
- Did either spouse make sacrifices to support the marriage? It is not uncommon for spouses to make sacrifices during a marriage to support the family or the other’s career. For example, one spouse may have dropped out of college to care for the couple’s children. A judge would consider this a strong point for awarding alimony.
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If you are filing for divorce, the knowledgeable team at Dale L. Bernstein, Chartered Law Office can provide the exceptional guidance and advice you need to navigate it and protect your interests. Our attorney has more than 35 years of experience and a proven track record of successful results. You can feel confident in our ability to help you.
Reach out to our law firm today at (727) 312-1112 to schedule a consultation with our attorney to get started on your case and learn more about what we can do for you!