On behalf of Martin Feldman of Fischer & Feldman, P.A. posted in Alimony on Thursday, October 5, 2017.
Filing for divorce can stir up many emotions. While it is a time of sadness, anger and relief, it is also a time of fear. There is the fear of the unknown, and for some Florida spouses, they fear that they will not be able to financially support him or herself post-divorce. In these cases, requesting for alimony is common. It is not only a way to address these fears but also ensue that a spouse is able to maintain the standard of living they experienced during the marriage.
Alimony awards are made on a case-by-case basis. Certain details and factors in a marriage determine whether a spouse is awarded spousal support, and if so, why type they are awarded. In Florida, the court may grant bridge-the-gap, rehabilitative, durational or permanent alimony. Additionally, an award could be a combination of these types, lasting for the length of times necessary for the recipient spouse to become self-supportive.
When a spouse requests alimony, the court will make a factual determination as to whether the requesting party has an actual need for spousal support. Additionally, the court will assess whether the other party has the means and ability to pay alimony. If it is established that an alimony award is necessary and it can be paid, the court will consider factors such as the standard of living during the marriage, the duration of the marriage, the age and physical and emotional condition of both spouses, the financial resources of each spouse, the earning capacities of both parties, the contributions made by each spouse, the responsibilities of each party and any other relevant factors.
It is never enjoyable to think about finances when one is concerned about having enough money to get by. Divorce can be a major life event, making it difficult to get by alone. Thus, alimony is a vital divorce issues to consider during the process.