How is Alimony Decided in Florida?

Florida Alimony Lawyer Lee White at Jodat Law Group

Alimony, or spousal support, is financial support ordered to be paid by one spouse to the other to remedy the financial disparity that often exists following a divorce.

Alimony is not a right, but rather it is a remedy that will only be ordered after the court has examined and analyzed all of the facts of the marriage. There are several different types of alimony that a Florida court may award. Additionally, alimony may be ordered  on a temporary basis during pendency of your divorce proceedings, or as a final order when your divorce has concluded, or both.

What Types of Alimony are Awarded?

The court may award “bridge-the-gap” alimony, which acts to provide financial support to one of the spouses for a period of timein order to achieve a specific goal. Education, or the acquisition of a skill that will enable that spouse to become more marketable and/or increase individual earning potential, are common goals of bridge the gap alimony.

Durational alimony doesn’t necessarily have to have a goal in mind. Rather it is support that is paid on a recurring basis with a definitive end date. 

There is also permanent, or so-called traditional alimony, which is typically awarded after a long term marriage, which is defined in Florida as a marriage of more than seventeen (17) years.

How is Alimony Awarded?

Alimony may be awarded in either periodic payments (monthly or in accordance with the payer’s payment schedule) or in the form of one lump sum payment from the liquidation of assets, a bank account or a person’s retirement fund. 

Alimony in Florida is primarily based on two factors:

  1. The financial need for alimony by one spouse or the other, and
  2. The ability for alimony to be paid by one spouse to the other.

Where there is no financial need for alimony, it will usually not be granted. Likewise, where the ability to pay does not exist, it will not be ordered. Where there is both the need and the ability to pay, the amount of alimony awarded will be the lesser of one spouse’s need or the other’s ability to pay.

For example, if after all your monthly expenses are calculated, you require $500 per month, but your spouse can pay as much as $1000 per month, you will still receive only $500 per month in alimony.  Likewise, if you need $500 per month, but your spouse’s ability to pay is limited to $250 per month, you will only be granted $250 per month.

The court will also weigh the following factors to determine if alimony is warranted: 

  • The length of the marriage,
  • The age and health of each spouse,
  • The individual income of each spouse,
  • The job skills, education and employability of each spouse,
  • How physical custody of the couple’s children has been allocated, and
  • The existence of any prenuptial or postnuptial agreements stipulating how spousal support should be allocated in the event of the couple’s divorce.

Contrary to a lot of misinformation on the internet, Florida does not have a specific calculation for the amount of an alimony award, nor is one spouse automatically entitled to a certain percentage of the other spouse’s income. The establishment of, or defense against an alimony claim is a complex process involving a laundry list of factors and the actual amount will vary from case to case.

Contact your Florida Alimony Lawyer – Jodat Law Group

An alimony award can have a significant impact on your financial circumstances from the moment you file for divorce until long after your divorce decree has been entered. At Jodat Law Group, we can help you protect your financial health and plan for the future during this difficult period of your life. Call us at 877-735-0265 or contact us online to schedule a free consultation in either our Sarasota, Bradenton, Venice, Clearwater, or Tampa office. We will evaluate the case, estimate costs, and explain your financial options.

Summary
Alimony Lawyer
Service Type
Alimony Lawyer
Provider Name
Jodat Law Group, PA,
Area
Tampa Bay
Description
Jodat Law Group is your trusted Florida Alimony Lawyer and Family Attorney. Contact Jodat today for a FREE consultation at our Bradenton, Sarasota, Venice, Clearwater, or Tampa office. Call now - 941.355.6328