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In a Florida divorce, what factors are considered with alimony?

On Behalf of | Jan 16, 2020 | Divorce |

For Florida couples who are getting a divorce, there will be a litany of issues that will be of concern throughout the process. First and foremost are children, which parent will have custody and how the support agreement will be handled. Other aspects might not seem as important, but will commonly arise as part of a case. Alimony – also referred to as maintenance – is one such concern. When it is decided whether there will be alimony, the court will consider certain factors in its determination. Understanding what will be part of that process is key to a case.

If the court makes the determination that alimony should be paid, it can consider the standard of living that the couple had during the marriage and decide how much maintenance will be paid based on that. The length of the marriage will be an essential factor with alimony. Age and their physical and emotional circumstances can be an issue. Some people will be able to maintain their previous lifestyle and live on their own. Others will not. The financial resources will be assessed – along with marital and non-marital assets – when considering alimony.

Some people who have the education, vocational skills and employment opportunities will have higher earning capacities than others. This is considered as is the amount of time it will take for the person receiving maintenance to gain these skills and achieve self-support. Contributions of the parties to the marriage including if one party was a homemaker, a stay-at-home parent and assisted the supporting spouse with building his or her career will be weighed. Taxes and consequences are important. Income, sources and what is available to the parties will be gauged during the process. Finally, the court can consider any factor it believes will contribute to a just resolution.

Whether it is a high-asset divorce or one of more modest means, there is a chance that there will be a dispute over maintenance. The paying spouse and the receiving spouse will likely have differing viewpoints as to what should be paid and why. For either side, having legal assistance can be a critical part of a fair resolution. A law firm that has experience in divorce and family law may help with a case.

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