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What factors are used to determine alimony?

by | Nov 23, 2016 | Firm News |

Each state has the right to determine laws governing divorce cases, including alimony and child custody. According to the Official Internet Site of the Florida Legislature, the courts of Florida use several factors to determine how much alimony a spouse should receive.

First, a judge will look at facts about the marriage. The length of time the marriage lasted before divorce was filed will play a major role in determining the amount. The standard of living that each spouse enjoyed during marriage will also be considered, as will the children that resulted and their custody. Contributions made during the union will play a part, including things like child care and homemaking that contributed to the career growth of the other partner.

The judge will also consider each spouse’s situation individually. This includes the physical abilities, emotional condition, age and education of both parties. Vocational skills, training and other factors that affect the employability of each spouse will also be used to determine alimony.

In addition to considering the marriage and individual aptitude of each spouse, judges will also ask for a detailed list of all assets and sources of income, including investments. The judge may order either party to secure a life insurance policy to ensure continued alimony in case of death.

Florida is one of only a few states that still award permanent alimony. Several bills have been submitted to end this and reform the laws regarding alimony. According to The Florida Senate, the most recent submission was vetoed by the state’s governor in April, 2016.