In Florida, alimony is decided according to various factors that take each spouse’s financial situation into account. There is no single way in which the courts decide alimony. Instead, judges use their discretion to consider the factors at hand and determine how much alimony to award.
The purpose of alimony is to help the spouse who would be in a weaker financial position after divorce bridge the gap long enough to obtain employment and/or resources that satisfy their cost of living requirements.
Factors for Alimony Consideration
When determining alimony, judges are focused on equity. This means that they intend their rulings to represent what is a fair amount of alimony to award.
Judges must consider alimony according to specific circumstances outlined by Florida Statute 61.08:
- The marriage’s duration
- The standard of living established during marriage
- All sources of income available to each party, including income available through investments of any assets held
- Each party’s financial resources, including marital and separate assets and liabilities
- Each party’s age, physical condition, and emotional condition
- Each party’s earning capacity, education, vocational skills, and employability
- Each party’s contribution to the marriage, including (but not limited to) homemaking, childcare, education, and career building of the other party
- Each party’s responsibilities regarding minor children they have in common
- Tax treatment and consequences to both parties of any alimony award
- Any other factor to ensure equity between parties
Alimony Is Not a Punishment
During alimony proceedings, it’s important to remember that alimony is not punitive in its nature. A spouse required to pay alimony is not being punished by the court for any alleged wrongdoing.
The factors that judges must take into account concern the financial status of each spouse after the divorce. The goal is to ensure that the supported spouse can maintain the way of life established during their marriage for a period of time.
Do You Need Legal Assistance?
Alimony is just one of the many issues that require a resolution during divorce. Beatriz Zyne, P.A. can offer the legal representation you need for any matter involving your divorce, helping you to work toward achieving your goals.
If you’d like to learn more about how we can help, contact us online.