How Judges Determine Alimony
Alimony is an old-school aspect often found in divorces. It is given to an ex-spouse to help financially support them after a divorce. Alimony is not always required but is often available in some form to help those with low incomes or possibly no income at all.
Alimony is available to an ex-spouse regardless of gender. In the past, women were the ones who primarily received it, but nowadays it’s possible for men to receive it as well, especially if they stayed at home with the children or their wives were the breadwinners.
Alimony is not cut and dry. The judge may order it for a certain length of time and for a specific amount. Permanent alimony is no longer a thing in Florida, which is a good thing for those who are ordered to pay it. There are also caps on other types of alimony in the state. Rehabilitative alimony is now capped at five years. Marriages lasting less than three years are no longer eligible for durational alimony. However, it is available for longer marriages. For marriages lasting 3 to 10 years, durational alimony is available for up to 50% of the marriage’s length. From 10 to 20 years of marriage, alimony is capped at 60% of the marriage’s length. For marriages lasting more than 20 years, alimony is limited to 75% of the marriage’s length.
Eligibility for Alimony
Eligibility for alimony is primarily based on two factors:
- Need: whether one spouse needs financial support
- Ability to pay: whether the other spouse can afford to pay that support.
Here are some other factors that the courts may consider:
- Income and earning capacity. The current income of both spouses is analyzed, including salaries, bonuses, and investment income. The judge considers each spouse’s potential to earn in the future, which may involve education, skills, and work experience.
- Standard of living during the marriage. Courts strive to allow both spouses to maintain a lifestyle similar to what they experienced during the marriage, within reason and financial feasibility.
- Contributions to the marriage. This includes financial contributions and non-financial contributions such as raising children, managing the household, or supporting the other spouse’s career or education.
- Age and health. The age and physical/mental health of each spouse may influence the decision. A spouse with health issues or nearing retirement age may be more likely to receive support.
- Custodial responsibilities. If one spouse has primary custody of the children, the court may consider the impact on their ability to work and earn income.
Seek Help for Your Divorce Case
There are a lot of legal issues involved in a divorce. Many couples fight over alimony because hardly anyone wants to pay to support an ex-spouse.
Contact the Dade City & Zephyrhills alimony attorneys from Madonna Law for help your matter. We can provide practical legal advice and strong representation regarding alimony in your Florida divorce. To schedule a consultation with our office, fill out the online form or call (800) 557-0411.
Source:
divorcenet.com/resources/divorce-judge/how-judge-decides-alimony-amount.htm
