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UNDERSTANDING ALIMONY

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Alimony, also known as "spousal support", refers to a legal requirement set forth by the Court in a divorce proceeding wherein one spouse is obligated to provide financial support for the other. Section 61.08, Florida Statutes, specifically addresses the potential for the award of alimony in a divorce proceeding in Florida and states that the Court may award alimony to either party in the form of bridge-the-gap, rehabilitative, durational, or permanent in nature, or any combination thereof. The award may be by periodic payments or in lump sum.

 

In considering whether to award alimony, the Court is first required to make a determination regarding whether there is actual need of alimony, and whether the other Party has the ability to pay. Should the need versus ability to pay analysis result in the finding that an award of alimony is appropriate, the Court must then consider the proper type and amount of alimony. In doing so, the Court must consider all factors in the circumstances including, among others, the following:

 

1.         Standard of living during the marriage;

2.         Duration of the marriage;

3.         Age and physical and emotional status of each party;

4.         Financial resources of each party;

5.         Earning capacities, educational levels, vocational skills, and employability, or the time necessary to obtain skills for employment;

6.         Contribution of each party to the marriage including homemaking, childcare, education and career building of the other party;

7.         Tax treatment of an alimony award;

8.         Sources of income for each party; and

9.         Other factors necessary to do equity and justice between the parties.

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​SEEK HELP FROM AN EXPERIENCED ATTORNEY

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Our office is happy to meet with you for a free consultation to help you determine how to move forward with family matters regarding alimony and others. We understand that each case is different with its own unique circumstances. Stan Peeler has extensive experience litigating alimony issues over the past 35 plus years and is happy to assist you. 

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Contact our firm today to schedule a free consultation with us. We welcome you to call us at 850-332-5555 or complete our online form here by providing us with the details of your legal needs.