Florida Divorce: How Does Florida Determine Whether Alimony Will Be Paid? ?

1287061_businessman_in_the_office_1.jpgAlimony in Florida is determined by the Court without a calculation like they have in some states. Florida law requires the court to make findings of fact from the case as to whether certain factors are met before awarding any form of alimony. In Florida, alimony can be awarded either in bridge-the-gap, rehabilitative, durational, or permanent.

In determining whether to award alimony, the court must first and foremost determine whether the requesting party has an actual need for spousal support, F.S. 61.08. Also, the court must determine whether the responsible paying party has the ability to pay alimony. These factors are based on the evidence presented in the divorce case and is based on factors like the financial earning ability of the parties; the present financial situation of the parties; the historical roles in the marriage (e.g. home maker and breadwinner); present expenses; health issues; etc. The court must be presented evidence from both parties in order to determine these factors.

A Florida divorce lawyer can help determine whether your case will involve alimony.