In a Florida divorce, the Court looks at a number of factors when equitably dividing the marital assets, including the house. The concept of equitable distribution is to equal the assets and debts of the parties and to equalize said debts in accordance with the ability of the parties to pay. The Court will look at factors such as the rate of the mortgage, whether a party is receiving or paying alimony, whether the marital home is underwater like so many houses in Florida, whether either party can afford to maintain the house, when the house may be sold as an asset for the parties versus a growing liability, and many other factors. The parties may also agree, before going in front of the judge, what to do with the marital home. However, whether determined by agreement of the parties or by the judge, there should be a determination made about whether the party receiving the home will receive any set-offs or credits for the marital home at the time of the sale.
When deciding whether the receiving party of the martial home will also receive credits or set-offs for the mortgage and related expenses, Florida Statute 61.077 provides factors to consider, as follows:
“(1) Whether exclusive use and possession of the marital home is being awarded, and the basis for the award;



A Florida divorce requires that property, including the marital home, be equitably divided. To determine which spouse will get the marital home or whether the house will be sold; the court looks to a number of factors including the age of the children, if any; the income of the parties after alimony is determined; and the actual value of the home at the time of separation. When the court determines that one party may have exclusive use and possession of the home, which means that the individual with the home will be responsible for the payments on said home either through his/her income or the income established as alimony.
Divorcing parties often separate before their divorce is finalized. When parties separate, even if by agreement, it does not mean that simply not having a court order means that a party is not entitled to alimony and/or child support. Spousal support is based on a need for support and the other party’s ability to pay, often this need is immediate and the party is entitled to receive funds from the date of the separation. Also, child support is designed to keep a child in the same lifestyle s/he would have if the parties were still living together, therefore, the need for child support is established at the time of the separation.
Divorcing in Florida after 16 years of marriage is considered a long-term marriage when determining alimony. Basically, the idea that has been passed down by the Florida legislature is that when parties have been married that long, if there is a need for alimony then that alimony may be needed permanently because the parties had their roles for so long and the needing party will most likely not have time to build a career to be at the same marital lifestyle or even close to it without alimony. The idea is that if a couple chose to have one spouse be a homemaker, then that individual will most likely not be able to go into the workforce and make equal to the spouse that has worked the length of the marriage.
In a divorce, Florida law allows an award of alimony when a need is shown and the paying party has an ability to pay. Florida does not have an alimony calculator like some states, so instead Florida statute indicates factors that are to be used to determine the length of alimony and the court determines the amount based on again, need and ability. When the marriage is a short-term marriage often alimony is not awarded and if it is, then it may be for a brief time. The tricky determination for alimony is when the length of the marriage is between 7 – 16 years, then permanent is often not awarded and bridge the gap (between married and single life, typically 2 years) is not enough time.
Marriage is often an issue of give and take for many couples. When a couple goes through a divorce the give and the take may be brought up in a case of alimony in Florida. A Florida alimony case involves multiple factors, including the give and take during the marriage as it relates to education of the individuals in the marriage. In a Florida divorce, if one party gave up their college education to support the education of the other, then that may be brought up as an issue of the divorce.
Alimony is often the mind of those going through a divorce in Florida. During a marriage, there is often give and take from both sides and sometimes there is an agreement for one party to work while the other stay home or one party to be the primary breadwinner while the other party may contribute a portion of the household income. However, when the marriage dissolves, the agreements of the parties during the marriage may impact the outcome of the divorce and bring claim to alimony as a result. Florida alimony is designed to help keep the parties in a position where they may have a similar lifestyle to that established during the marriage; however, that determination is based on a number of 
Alimony cases in Florida are determined by Florida statute, but not by a Florida calculation. Since the court is the one to make the overall determination of alimony, the statutes provide certain guidelines in determining what type of alimony will be awarded; the need of the requesting party; and the ability to pay the alimony if awarded.
Alimony 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.