Written by: Lenorae Atter, Attorney at Law
Alimony is a common issue in many Florida divorces. The award of alimony in Florida is based on a number of factors, including but not limited to: length of the marriage; contribution to the marriage; standard of living created during the marriage; the need for ongoing spousal support; and an ability to pay spousal support. Once alimony is awarded, unless the order states otherwise, it may be modified upon the occurrence of a substantial change of circumstance of one or both parties. For example, if a former spouse inherited a large sum of money, then there may be reason to modify or terminate the alimony.
In a divorce, a future expectation of an inheritance cannot be factored into the award or determination of alimony. The reason is that wills and estate beneficiaries can be changed and the court must rule based on the actual financial situation of the parties at the time the divorce occurs. So, even if the Husband believes his Wife will inherit $1 million upon the death of a relative, the inheritance cannot be factored into the spousal support need unless it has actually been paid to the Wife.