How Does the Judge Determine Alimony in a Divorce?

How Does the Judge Determine Alimony in a Divorce?

The divorce process can be difficult for many people, but it can also be confusing. One aspect of divorce that is often misunderstood is alimony. What does the judge look at when determining alimony? How much will you get if you are awarded alimony, and what are some things to consider as part of divorce negotiations? To better understand how judges in Florida determine alimony, let’s discuss the different types of alimony and the factors affecting the court’s decision.

Types of Alimony

There are different types of alimony. Temporary alimony covers the time between divorce or separation, as well as divorce proceedings. There will need to be an end date when negotiating your settlement agreement; it can only last up until one party remarries or cohabits with someone else (in other words, they may get less money) unless the parties agree otherwise.

You might want temporary alimony if you do not have any means of supporting yourself while going through divorce proceedings and need more time to find a job following divorce. Alimony will often favor the spouse with lower earning potential because of caregiving duties—such as childcare and eldercare.

Another type of alimony is rehabilitative alimony. This can be awarded to someone who needs time and financial support to get back on their feet following divorce or separation. It’s typically only granted for three years, but it might last another five if the person receiving payment continues getting better during that time frame. This also depends upon whether they have family members or friends helping them out with day-to-day living expenses.

There is also permanent alimony. Florida permanent alimony is periodic payments of financial support paid to an ex-spouse for an indefinite duration. The purpose of Florida’s permanent alimony law is not to divide future income. Instead, it is to provide for the needs of a former spouse, as they were established during the marriage. Permanent alimony is only proper when the evidence shows a permanent inability of the ex-spouse to become self-sustaining. Permanent alimony is typically only awarded upon the divorce of a long-term marriage which is defined as a marriage lasting 17 years or more.

Factors That Determine Alimony

Florida divorce laws are not as rigid as some other states, and the judge will have a lot of discretion in awarding alimony. Many factors determine how much alimony one party should be awarded to the other, such as length of the marriage, health, work history, and age.

For example, if one spouse is significantly older than the other, then they might get more alimony because they will need it for their retirement. Healthy spouses might not need alimony as much.

Which spouse has custody of the children is also taken into account when deciding alimony. A parent who spends more hours taking care of their child may get less help from an ex-spouse’s support payments than someone with fewer dependents to take care of.

A divorce case can have many different outcomes depending on how much money either party makes, what property they own together or individually, and other factors such as adultery in the relationship, among others. The divorce courts in Florida will also consider how much time a person has spent in the workforce and what their earning potential might be.

Attorney Diaz has served the Tampa area since 1995 and can answer your child support questions, including how to enforce child support. Attorney Diaz practices exclusively in divorce and family law in Florida.

If you would like to discuss the specifics of filing a petition or modifying an order for alimony call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.   For convenience, all consultations are by telephone or video conferencing.

Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.