There are many factors that a judge may consider when determining if an award of alimony is appropriate. If alimony is appropriate the court will then have to determine the amount of alimony to be paid and the duration of payments. Regardless, the award of alimony may not leave the one paying the alimony with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances.
Alimony can be a very contentious and litigious aspect of a divorce, as the outcome may have a long lasting impact on each party’s finances. If you need assistance with a divorce or claim for alimony contact a Tampa divorce attorney to schedule a consultation. Each case is different and the information contained in this article is for general purposes only, and is not advise for any specific case or set of circumstances. A divorce attorney in Tampa should be able to provide advice specific to your case and help develop a game plan to accomplish your goals.
The first step in an alimony case is to determine whether either party has an actual need for alimony. Then the judge must determine if the other party has an ability to pay alimony. If both of these two prongs are satisfied the judge will then determine the amount and duration of alimony. The judge must consider all of the relevant factors and circumstances, including, but not limited to: (1) the standard of living established during the marriage, (2) the duration of the marriage (see Reeves v. Reeves), (3) the age and the physical and emotional condition of each party, (4) the financial resources of each party, including the non-marital and martial assets and liabilities distributed to each party, (5) the earning capacities, education levels, vocational skills and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable the party to find appropriate employment that would meet their specific needs, (6) the contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party, (7) the responsibilities each party will have with regard to any minor children they have in common, (8) the tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment, (9) all sources of income available to either party, including income available to either party through investments of any asset held by that party, (10) any other factor necessary to do equity and justice between the parties. See Florida Statute 61.08.
Generally, there are four types of alimony awards that a judge can choose from. There is bridge-the-gap alimony, permanent alimony, rehabilitative alimony, and durational alimony. A judge considers all circumstances of a case when determining the appropriate type, amount and duration of alimony.
Divorce and Alimony Law Firm
If you are contemplating filing for divorce or your spouse has already filed for divorce, call us today to speak with a divorce attorney at our firm. Our divorce lawyers in Tampa are skilled litigators with experience in all types of divorce cases. Our vast experience allows us to cater our services to each client’s specific situation and deliver top-notch legal representation. Whether a couple mutually agrees to the terms of a divorce or are engaged in a fierce battle for their property and child custody rights, Florida Law Advisers, P.A. can help. Call us today at 800 990 7763 or fill out the “free case review” form on our website for more information.