How is Alimony Determined?
Reduced to its simplest concepts, alimony (also referred to as spousal maintenance) is based on need and ability to pay. This however, is just a starting point; Florida Statute 61.30 lists the factors the court must look at in making an alimony determination. In addition to these factors, case law plays a huge part in alimony determinations. When all is said and done, alimony is based upon the sound discretion of the court, in other words, what your judge thinks is right for your case.
Alimony can take several forms; lump sum, permanent, temporary, rehabilitative and "bridge the gap". The help of an experienced attorney is indispensable in determining what, if any alimony is appropriate in a case.
At Sanders & Sanders, we help people throughout Orange, Seminole and Osceola counties resolve spousal support issues in creative and effective ways. Talk to us and learn more about what our lawyers can do to help. Call us directly at 407-843-0012 or contact our firm online.
Florida courts do not have guidelines with regard to alimony. However, they do consider need, ability to pay, length of the marriage and other factors in determining whether to order:
- Temporary Spousal Support: If the court feels it's necessary, temporary support for the spouse with fewer financial resources may be ordered for the time period while the divorce is still pending. This is nearly automatic in most cases and cannot be waived in a prenuptial agreement.
- Rehabilitative Alimony: This type of alimony is awarded to help a spouse who can become self supporting re-enter the job market.
- Permanent Alimony: Typically, this type of alimony will typically only be awarded to individuals who were in long-term marriages (15 years or more) and where there is a fairly large income gap between the two spouses. It may also be ordered in cases where circumstances such as a serious health condition are involved.
Evening, Weekend and Out-of-the-Office
Appointments Are Available for Your Convenience
Call 407-843-0012 Today — Se Habla Español
To schedule an initial consultation with an attorney — call our Winter Park, Florida, law offices directly or contact us online.
