Understanding Alimony: Determining factors

news image

Before establishing the type and monetary amount of an alimony award, the court will first review financial documents from the two parties in a divorce to determine if alimony payments are appropriate or necessary. In order for such an award to be granted, the court must decide that one party has a need for ongoing financial support, and that the other has the ability to provide that support.

If the court determines that an alimony award is to be granted, Florida law states that the form and amount will be determined based on several factors related to the state of the marriage.

The standard factors that are taken into account by the court when ruling on an alimony claim include, but are not limited to:

– The standard of living enjoyed over the course of the marriage

– The length of a marriage

– The age and health of each individual

– The financial standing of each party, based on joint and communal assets and liabilities

– The income range, education, skill level and general employability of both parties

– The salaries and other sources of income earned at the time of the divorce and over the course of marriage

– The non-monetary amount invested in the marriage by either party, including maintenance of the home and childcare

– The responsibility each party will take in raising any children from the union

– The way in which the alimony award will be taxed.

To learn more about these qualifying factors and how to best present your case in a divorce settlement, contact a Miami divorce lawyer. Scott A. Ferris, Esq. is an experienced and responsive Miami family attorney who will guide you through this arduous process and advocate for your best interests.

This article is part of an ongoing series on alimony law.