Under Florida law, a divorce judge may only make an alimony determination after he or she has equitably distributed the couple’s assets and liabilities. Once the judge has done this, the court may use its discretion to determine if alimony is necessary and, if it is, how much and for how long the obligor should pay. FindLaw details how Florida courts determine alimony payments during a divorce.
When determining whether or not alimony is a factor in your particular case, the judge will consider several factors. First and foremost, the judge will consider the length of your marriage. Typically, the longer the marriage lasted, the more likely the courts will be to award spousal support. Next, the judge will consider the standard of living enjoyed during the union. If, after asset distribution, the courts feel one party’s lifestyle would be significantly less attractive than the others, alimony may come into play.
The judge will also consider the age and physical and mental health of both spouses. Elderly and sick individuals are more likely to receive alimony in a divorce than young and healthy ones. Both yours and your spouse’s financial resources and earning capabilities will both factor into the equation as well, as will the time and expense necessary for either party to obtain training or education for gainful employment.
The courts will consider each person’s contribution to the home, child-rearing, education, and career building. Though Florida is a no-fault divorce state, the judge may also use one party’s marital indiscretions when making his or her final determination.
This article should not be used as legal advice. It is for your educational purposes only.