What Do I Need To Know About Alimony?
There is no mandatory award of alimony and there is no statutory calculation for alimony. It is critical to understand that alimony is based off the actual need of one party and the ability to pay by the other party. Without both elements, there will be no alimony. Need and ability to pay are not defined by certain numbers. While there is no statutory calculation for alimony, there is multi-factor test that courts must employ for this determination.
The Statutory Factors Used To Determine Alimony
According to Florida Statute 61.08, if the court finds that a party has a need for alimony and the other party has the ability to pay, then in determining the proper type of alimony, the court shall consider:
- The standard of living during the marriage;
- The duration of the marriage;
- The age and the physical and emotional condition of each spouse;
- The financial resources of each spouse including the nonmarital and marital assets and liabilities distributed to each;
- The earning capacities, educational levels, vocational levels, and employability of the parties;
- The contribution of each party to the marriage, including but not limited to, services rendered in homemaking, childcare, education, and career building of the other;
- The responsibilities each party will have with regard to any minor children they have in common;
- The tax treatment and consequences to both parties of any alimony award;
- All sources of income available to either party, including income available to either party through investments of any asset held by the party; and,
- Any other factor necessary to do equity and justice between the parties.
You Need An Attorney For This
Our lawyer can help with this, as it is important to make compelling arguments on as many of these factors as apply to your situation. If alimony is awarded, the duration of alimony is decided in accordance with the length of the marriage.
A short-term marriage is from 0-7 years, a moderate-term marriage is more than 7 years but less than 17 years, and a long-term marriage is a marriage 17 years or more. The length of a marriage is measured from the marriage date until the date of filing an action for dissolution of marriage. The duration of alimony can vary from a fraction of the total amount of years of the marriage to permanent alimony.