Alimony is defined as an allowance paid to a person from the spouse or former spouse for support, which is granted by a court upon a legal separation or while action is pending. In simpler terms, alimony is given to the former spouse to continue the same standard of living before the divorce. The court is able to determine if one spouse needs more financial assistance than the other based on significant factors, such as marital assets. Continue reading to learn more about how a court awards alimony and if you’re eligible!
In Florida, a court has a broad discretion when deciding who is entitled to alimony. Some basic evidence that is established are the spouse’s financial needs and ability to pay. From there, the court uses other information such as:
- Duration of the marriage
- Standard of living/ lifestyle of the marriage
- Income and assets of both spouses
- Level of education and eligibility for employment
- The contribution of each spouse to the marriage, including services such as household duties, child care, and career building
- The responsibilities each party will have with regard to any minor children they have in common
When calculating how much alimony a spouse is entitled to after a divorce, the court will review the income of each spouse. “To the extent that one spouse cannot afford that established standard of living with his or her own income, the other spouse must provide supplemental income,” according to Cordell Cordell. The court will also verify if the paying spouse has a steady income to ensure they are able make payments.
The duration of the alimony is based on the circumstances of the case. There are different types of alimony to consider, all of which are decided from the following information listed above. So in determining the type of alimony, the length of the alimony will also be finalized.
There are many factors involved in contested alimony issues and for that reason there are many specifics that are taken into consideration by the court when determining who will pay and who will receive alimony, how much and for how long. Discuss your alimony dispute with a divorce lawyer at North Tampa Legal Group, P.A today.
Call North Tampa Legal Group, PA at 813-295-7854 to schedule a consultation or visit our website here.