Law Office of Philip J. Schipani
Talk to an Experienced Family Law Attorney Today
941-549-8981

What factors go into determining who gets alimony?

If you should happen to seek a divorce settlement in a Florida court of law, you may wonder whether a judge will grant you ailmony. It is true that divorce cases can vary widely, and whether a judge grants ailmony will largely depend on the particulars of the case. According to Florida law, there are several common factors that a court uses to determine if ailmony is warranted. 

To determine if you are eligible for alimony, the court will examine two key criteria. First, the court looks at the facts of the case to determine whether you possess a real need for alimony payments. Secondly, the court will examine whether the other party is able to produce alimony or maintenance payments. If this question is solved in your favor, the court will then ascertain the amount and type of payments you will receive.

Several factors can impact a judge’s determination of your alimony’s form and amount. These can include:

  •         How long you and your spouse have been married
  •         The current physical and emotional state of both parties
  •         Educational and vocational level of both parties
  •         How each party contributed to the marriage
  •         Standard of living attained during the marriage
  •         Sources of income accessible to each party

Additionally, the court will consider the responsibilities you and your ex-spouse have toward your children if they are minors. Furthermore, a judge can factor in whether a spouse committed adultery against his or her partner. You should also be aware that the court may take into account any variable that can render equity and justice for a divorcing couple, including possible tax impacts that may result due to ailmony payments.

This information is provided to give you a general idea of how alimony payments are determined by a court and should not be interpreted as legal advice.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact The Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Avvo Clients Choice | 2012 | Family Avvo Rating 10.0 | Superb | Top Attorney Family The American Society of Legal Advocates | 2014 Top 40 Under 40 The Florida Bar Certified | Marital and Family Law Super Lawyers | Philip J. Schipani | 2015-2017

Law Office of Philip J. Schipani
1605 Main Street, Suite 608
Sarasota, FL 34236

Phone: 941-366-8333
Fax: 941-366-7331
Sarasota Law Office Map