Alimony terms can be agreed upon by a divorcing couple or determined by the court. When courts order alimony payments, the motive is usually to help the recipient spouse maintain a similar standard of living enjoyed during the marriage, especially if they have fewer financial resources or earning capacity compared to their spouse.
While there is no fixed formula for the determination of amounts payable as alimony, Florida’s SB 1416 outlines the factors that judges must consider when calculating alimony payments in the event of a litigated divorce. These include but are not limited to the following.
The standard of living established during the marriage
The purpose of alimony is to support the recipient spouse financially as they transition to being single and potentially reentering the workforce or adjusting to a new financial situation post-divorce. This can encompass various aspects of the recipient’s needs, such as housing, education, healthcare and overall living expenses.
Marital contributions
Each party’s contribution to the marriage, both financial and non-financial is a crucial factor. This includes factors such as homemaking, childcare, support of the other spouse’s career or education and any sacrifices made for the betterment of the family unit. The court considers the extent to which each spouse contributed to the acquisition of marital assets and the overall well-being of the family.
Financial resources and earning capacity
The court assesses the financial resources and earning potential of each spouse. This involves examining income from all sources, including employment, investments and any other financial assets. The court also evaluates each spouse’s ability to earn income in the future, considering factors such as education, skills, work experience and health.
Duration of the marriage
The length of the marriage is a significant factor in determining alimony. Florida law categorizes marriages into short-term, moderate-term and long-term, each with its guidelines for alimony. Generally, longer marriages may warrant higher alimony amounts, as there is often a greater entanglement of finances and a more significant discrepancy in earning capacity.
Alimony laws are complex and legal guidance is important to help ensure that both parties’ rights and obligations are properly understood and represented throughout the divorce process.