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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.

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Schipani and Norman, P.A.
1605 Main Street, Suite 1110
Sarasota, FL 34236

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