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What Factors Affect The Alimony Amount in Florida?

Dec 21, 2022 | Divorce

Marriage is one of the most important decisions one can make in life, and when it comes time to dissolve a marriage, several issues must be addressed. In Florida, alimony is one of the most important issues to determine during a divorce. The amount of alimony ordered by the court is based on several factors and considers the financial needs of each party. Here are some main factors that will affect alimony in Florida.

The Length of the Marriage

In Florida, marriages are divided into two categories for alimony awards: short-term and long-term. Short-term marriages are those that lasted less than seven years, while long-term marriages are those that lasted seven years or more. The longer the marriage was, the more likely it was that a larger alimony award would be granted.

Sometimes, a court may award permanent alimony in divorce to parties involved in long-term marriages.

Income of Each Party

The higher-earning spouse is more likely to pay alimony in divorce than the lower-earning spouse. The amount of alimony will be based on the difference in income between the two spouses, with the higher-earning spouse paying a larger amount. The court also considers each spouse’s earning potential when determining the alimony amount.

If one spouse has been out of the workforce or not actively seeking employment, they may be deemed to have no earning potential and will likely receive alimony. You should work with a divorce lawyer in Delray Beach to get a better understanding of your earning potential if you have been out of the workforce for some time.

Needs of Each Party

The court considers each spouse’s financial needs when determining alimony. This includes any medical or educational costs that either spouse may need. The divorce lawyer in Delray Beach also looks at whether the higher-earning spouse financially supported the lower-earning spouse during the marriage.

The needs of the lower-earning spouse are often greater when it comes to alimony, so both parties must make sure their needs are taken into account during the process. A licensed divorce attorney can help you understand alimony payments in regard to your needs.

Age and Health of Each Party

The age and health of both parties are also considered when determining alimony. The licensed divorce attorney will examine whether one spouse may need more financial support due to age or health. It’s important to note that alimony can be awarded to a healthy spouse, even younger ones. This can be especially true in cases where the couple has been married for a long time.

Ability to Pay Alimony

The court also considers the paying spouse’s ability to pay alimony in Florida. This means looking at their income, assets, and expenses to determine whether they can afford alimony. If the court finds that the paying spouse cannot pay, it will likely not award alimony. However, if the court finds that they can afford to pay, it may award alimony appropriately for their financial situation. A divorce lawyer can help you thoroughly understand your situation and determine the most appropriate course of action.

These are just some factors that affect how much alimony a court will order in Florida. It’s important to understand all the factors involved and how they affect your case before proceeding with any alimony negotiations. If you have questions about how alimony works or are considering filing for divorce in Florida, it’s important to speak with a knowledgeable divorce lawyer. Pyfrom & Reisler, PA is a family law firm that can assist you throughout the process and protect your rights. We are dedicated to providing our clients with personalized and comprehensive legal services. Contact Pyfrom & Reisler, PA today for a free consultation.