Divorce Alimony in Florida

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Factors considered in Divorce Florida Alimony

As per the laws in this state, the court might consider the following issues prior to determination of alimony.

  • All sources of income of both partners
  • The inputs made by each partner to the marriage. These are inclusive of career building of the other partner, education, child care and homemaking etc
  • The number of months or years essential for either partner to attain education or training that would enable them to be suitably employed
  • The marital and non marital assets and liabilities of both partners
  • The emotional and physical condition as well as age of each party
  • The duration of marital life
  • The standard of living experienced in marital life

The court might also take into account any past instances of adultery or other circumstances. Eventually, the court might grant a rehabilitative or permanent alimony.

Types of Divorce Florida Alimony

In the Florida Statutes, Section 61.08 states that the alimony might be rehabilitative or permanent in form.

Rehabilitative Alimony is disbursed by a financially capable former spouse to a financially needy former spouse. The intention is that the needy spouse should be able to acquire new skills, education and rehabilitation to adapt to a new routine in life. While granting this sort of alimony, the court must deem that there is a necessity of rehabilitation and a plan ready for execution.

Permanent Alimony is payable till the recipient dies or remarries. Usually, this sort of alimony is granted when both the following conditions are fulfilled.

  • The marriage was of a long duration
  • It is unlikely that the former spouse would become self dependent in the near or distant future
An example where permanent alimony is granted is as follows.
  • The marriage lasted for 20 or 30 years
  • The wife played the role of a homemaker and hence did not develop a career
  • The husband was free to develop his own education and career

Highlights of Florida Alimony

  • In this state, the courts are expected to make decisions regarding alimony without considering the gender. However, reality often varies from the rules. It is observed in some cases that women get preferential treatment in this regard
  • Let us assume that a spouse gets a property settlement due to which this spouse has sufficient money to support his/her lifestyle. Then, a lesser amount of alimony might be awarded
  • The court probes whether the spouse has intentionally become unemployed and the lack of effort on part of the spouse has resulted in less earning
  • The special needs of the children are understood and it is seen whether these requirements interfere with the employment of the spouse
  • If the duration of marriage is less than 7 years, this marriage is labeled as "short term." In such cases, the possibility of alimony is less
  • Marriages that have lasted for 14 years are usually granted alimony
  • Marriages that have lasted from 7 to 14 years may or may not be awarded alimony
  • The effect of duration of marriage explained in the previous 3 points is only one factor. The judge takes into account all the factors mentioned in the first section

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