Posted on: 29 July 2017
One part of the divorce process will be determining if alimony should be paid and how much it should be. Be aware that the need and amount of alimony payments is determined by a judge, and there are several factors that go into the final decision. Here are a few key things to know about alimony if you are getting divorced in Florida.
A Judge Considers Earning Capabilities of Both Parties
It's common for married couples to naturally split up their responsibilities in a way that makes sense. For instance, a couple may decide to have one parent stay at home to raise a kid because of the stay-at-home parent overall makes a lower income than the other. These responsibilities may have worked out fine as a couple, but now is affecting the stay-at-home parent when they need to get back out in the workforce.
A judge will consider what each spouse is capable of earning when deciding on alimony. When one parent stays at home to raise the family, it can be detrimental to their career. Taking time off from working, not networking in their professional field, and even being behind on professional training can all affect someone's earning capabilities. A judge will require alimony in situations where they feel one person will have trouble making it on their own.
A Judge Considers If An Affair Ended The Marriage
Did the marriage end because someone was having an affair? If so, evidence of an affair could help a judge decide on how much alimony is given according to Florida laws. It's important to keep records of things like phone calls, receipts, photographs, and any other type of evidence that you can get. A judge will look at that evidence and alter alimony accordingly.
Evidence of an affair works both ways though. A spouse that was cheated on could end up being awarded more compensation than they deserve, or a spouse could have their alimony lowered if they were responsible for the affair.
A Judge Considers Contributions That Were Made In The Marriage
Did you have to make a major life change when you were married, such as leaving your current job or dropping out of school? You may have made decisions because you thought that your spouse would take care of you, but now you are finding yourself on your own. A judge will look at these things when calculating alimony payments. Payments can be temporary or indefinite depending on your specific circumstance.
Contact a family law firm for help.Share