What Factors Does A Court Consider When Awarding Alimony In Florida?

Alimony is an important aspect of divorce proceedings in Florida, but how is this alimony calculated? Take a look below and discover more.

Understanding Alimony in the State of Florida

When a married couple brings their union to an end, it is likely that their financial situations will change significantly. In most cases, one partner will have been the primary earner in the household, bringing in a higher level of income than the other. Generally, this is not something that is considered during a marriage — the income will be shared across the household. After the breakup of the marriage, however, this will no longer be the case. 

It is up to the courts to decide whether any further financial obligation is necessary. During a divorce, Florida's courts will try to make sure that both parties receive the support they are entitled to. The court will consider the needs of each partner and try to ensure that these needs are met. This is generally referred to as "alimony," but other terms may be used to describe the arrangement, including "spousal support" or maintenance, or "child support" if there are children involved and the custody arrangements require additional payments.

This procedure is not about helping one partner to "win" and take away money from their former spouse. Instead, it is about creating a fair foundation for both parties to move on with their lives.

Considerations During an Alimony Ruling

When ruling on an alimony decision, Florida's courts will take a number of aspects into consideration. These include:

Living Standards Over the Course of the Marriage

Where possible, the court will try to make sure that, following the divorce, both parties enjoy the same standard of living as they did during the marriage. To define this, the court will need to investigate the lifestyle and living standard of each party during the marriage.

The Duration of the Marriage

The length of the marriage will be taken into account. For example, alimony payments are likely to be greater for a couple who have spent decades together, compared to a marriage that broke up after only one or two years.

The Age and Health of Each Party

The age of an individual — as well as their health and well-being — has a significant affect on the amount of money and support they will need following a divorce. This will be considered before alimony amounts are outlined.

The Relative Finances of Each Party

The idea of alimony is to ensure each party is supported following a divorce. This means considering how much the primary earning party can afford to pay to their former spouse, and how much this former spouse will need.

The Contribution of Each Party

Contributions are often more than financial. For example, one partner may have helped their spouse with developing their career prospects, starting a business, or furthering their education. One party may have handled childcare, home maintenance, or other duties more than the other. All of these contributions will be factored into the alimony calculation.

The Employability of Each Party

If one party has historically earned less than the other party, but they have specialized skills and qualifications, they may be considered highly employable. In the event that this party is expected to find a job quickly and easily, they may receive a lower level of alimony, even if they were not the main earner during the marriage.

Any Children Involved in the Divorce

The well-being of children is always an important consideration. If these children will spend most of their time with one parent, this parent may be entitled to more alimony to cover their costs — depending on their own available resources and income.

Additional Sources of Income

The court will consider the overall outlook of both parties. If either party has any additional sources of income, they will need to disclose these to the court, and this may be considered during alimony calculations.

Auxiliary Factors

Florida's courts are not restricted to the above factors when they decide on a divorce case. The relevant authorities will be permitted to use their own discretion as they make alimony rulings, considering and requesting more information on any other aspects they consider relevant to the case.

The Different Types of Alimony in Florida

After all the necessary factors have been considered, the court may decide to award alimony payments to one partner. These payments may take any of these forms.

Bridge the Gap

Bridge the gap alimony is intended simply to help one partner transition from their status as married to their new single status. It is widely understood that divorce can be a costly and protracted process, and this temporary form of alimony helps to ease the burden for the partner worst affected by this change.

Rehabilitative

In some cases, one partner may struggle with their finances at the outset following a divorce, but expect their situation to improve. Perhaps they have an employment offer or a new business opportunity, but need funds in the short term. Rehabilitative alimony can help in this case.

Permanent

Permanent alimony is any payment period that does not have an expiry date associated with it. If permanent alimony is granted, one partner will continue to pay the other partner regularly on an indefinite basis, or until the court rules otherwise. 

Durational

Durational alimony payments are made over a predetermined period of time. This period will be decided by the divorce court in your local jurisdiction in Florida.

Lump Sum 

A lump sum payment of alimony may be required in some cases. One partner will pay the required amount in a single payment, with no further alimony payments necessary.

Learn More About Your Options, Rights, and Responsibilities Regarding Alimony in Florida

It's important to equip yourself with all the facts ahead of your divorce proceedings and to gain the legal advice, counsel, and representation necessary as you navigate this difficult situation. Reach out directly today, by phone or email, to discuss your case.