Alimony, commonly referred to as Spousal Support, is a type of payment for the support and maintenance of a spouse, either by lump sum or on a continuing basis. Alimony is paid by the supporting spouse to the dependent spouse.
In divorce cases, alimony is based primarily on two important factors: the need and an ability to pay. This gives the Florida courts have the authority to grant alimony to either party in a divorce. The alimony award could be deemed permanent or rehabilitative (temporary).
The individual who is requesting alimony has to prove that he or she really needs to be supported and the other spouse has the financial means and ability to pay that support.
Assuming you have successfully proved spousal support / alimony is financially viable, there are several other statutory factors which the courts may consider in determining what, if anything, would be a fair spousal support / alimony award.
These alimony related factors may include:
- The standard of living established during the marriage.
- The duration of the marriage.
- The age and the physical and emotional condition of each party.
- The financial resources of each party, the non-marital and the marital assets and liabilities distributed to each.
- When applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
- The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
- All sources of income available to either party.
When you must legally address Alimony / Spousal Support issues it is important to be made fully aware of your legal rights, options, and to have aggressive, detailed, and dedicated legal representation in your corner. Hiring an experienced alimony attorney may provide you the best opportunity to achieve your desired outcome, or a fair and reasonable resolution.