Alimony In A Nutshell

“Alimony” is service and maintenance of your ex partner, either through a lump sum or over an ongoing basis. Alimony is paid by the “supporting partner” to the “dependent partner”.

The rule of thumb is that a partner who is dependent earns less than another partner.

The quantity of alimony fluctuates broadly. Alimony will be compensated in an sum considered appropriate for the conditions. If the dependent partner has committed actions of illegal sexual behavior, the supporting partner isn’t required to pay any alimony in any way. If only the supporting partner has committed such actions then the court will likely award alimony.

You and your partner may choose if either of you is eligible to get alimony help, and can avoid going to court. If you cannot agree on the subject, then you are best off asking the court for a decision. Alimony should be paid by a supportive partner to a dependent spouse once the court rules.

Both regular and lump payments could be for a shorter, given duration. The whole period of the award could be for a specific or for an extended term.

Factors in Need and Capacity to Pay

The court starts making conclusions on a petition for alimony by thinking about the details of this situation to ascertain whether the spouse asking alimony meets the goals to demonstrate that alimony is essential. When there’s a demand for alimony, the court must also determine if the other partner has the capability to pay. Unless there are unique conditions, a court will not award alimony if it would leave the paying partner with less net income compared to the receiver.

A judge that finds both desire and capability to pay, next needs to consider all important factors in determining which kind of support to award. Florida law states that these variables include:

• The fiscal capital of the spouse seeking maintenance, such as independent property and some other award of marital property
• all sources of income, such as investment earnings, accessible to either partner
• partner’s earning ability, educational background, technical skills, and employability and expense needed by the spouse seeking training and education
• the duration of the union
• each partner’s age and physical and psychological state
• each partner’s contribution to the union, such as homemaking, child care, and schooling
• any tax results of the alimony award, along with
• the duties each partner will have for any small children they have in common.

Alimony laws in Florida have gone through a transformation. Now, the idea of utilizing the couple’s lifestyle throughout the marriage as the main factor in determining a need for alimony has been less important. In the Florida counties of the 4th District Court of Appeals (Broward, Palm Beach and Martin), the lifestyle is not the largest contributing factor when determining what one will pay out, or what one will receive.

Steven Winig is an alimony attorney in West Palm Beach Florida with 35 years of experience in alimony and divorce