How is Alimony Determined?
There are many factors that family judges take into consideration when determining the amount of alimony payments and whether alimony is necessary. In the state of Florida, the court considers:
- the amount of money that each spouse can earn per month;
- the monthly expenses of each spouse; and
- the possibility of maintaining the “standard of living established during the marriage.”
In other words, family courts aim to ensure that each spouse is able to return to a lifestyle of financial stability that is similar to the economic state before the divorce. If the alimony award is unable to meet such standards, the court will entertain other ways to distribute assets equally.
Types of Alimony
In Florida, there are different types of alimony that the courts may grant depending on your situation.
Bridge The Gap Alimony
Bridge the gap alimony provides transitional assistance from being married to being single. The length of an award may not exceed two years. It is not modifiable in the amount of duration.
Rehabilitative alimony is awarded to assist a party in establishing the capacity for self-support through the redevelopment of previous skills or credentials or the acquisition of education training or work experience necessary to develop appropriate employment skills or credentials. There must be a specific and deferred rehabilitation plan.
The purpose of durational alimony is to provide the party with economical assistance for a set period of time following a marriage of a short or moderate duration or following a marriage of a long duration if there is no ongoing need for permanent support. The length of durational alimony may not exceed the length of the marriage.
Factors In Awarding Alimony
- Duration of the marriage
- Standard of living established during the marriage
- The physical and emotional condition of the party
- The responsibilities each party will have with regards to any minor children
Do I Need An Alimony Attorney?
As soon as you are aware that you will be getting a divorce, you should contact an experienced family law attorney in Miami immediately. Divorces are often accompanied by emotional distress which contributes to lengthy, even difficult divorce proceedings. For couples who earn significantly different amounts of income and play different roles within the household, alimony and/or spousal support may be necessary. However, many spouses do not believe in alimony and thus, present evidence and other useful information to deter family courts from requiring alimony payments. Because of these reasons, it is absolutely pertinent that you contact a Miami divorce lawyer to assist you with the overall process of requesting alimony.
For help in determining which type of alimony fits your unique situation, contact an experienced divorce attorney at the Law Offices of Theodore H. Enfield in Miami, FL.