Alimony and Spousal Support in Florida
The Law Office of Cohen & Storie
Orlando, Florida
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An alimony agreement is the part of a divorce agreement in which one spouse — usually but not always the husband — agrees to provide financial support for the other spouse — usually the wife. In the courts, alimony is now known as spousal support.
Am I Entitled to Alimony?
An alimony award is never automatic in a Florida divorce. The factors that will be considered to determine whether an alimony award will be granted include:
- The length of the marriage
- The relative incomes of the parties
- The relative education of the parties
- The type of lifestyle the parties enjoyed during the marriage
- What financial and other contributions did each spouse make during the marriage?
The basic rule of thumb in alimony cases is: does one spouse need financial support, and can the other spouse afford to provide that financial support? If the marriage was short — under six years — alimony is unlikely unless unusual circumstances exist. In a longer marriage — over 16 years — an alimony award is more likely.
How Does Adultery Factor Into an Alimony Award?
Florida is a no-fault divorce state. This means that spouses do not have to prove misconduct in order to get a divorce — you only have to state that the marriage is irretrievably broken.
However, allegations of adultery may be relevant if an alimony award is at stake. For example, consider a case in which the marriage was lengthy and one spouse has little or no education or work experience. In such a case, there would be a presumption in favor of an alimony award. However, if the spouse to receive alimony committed adultery (also called marital misconduct), then the alimony award may not be granted.
In another example, consider a relatively short marriage between spouses with fairly equal incomes and work histories. In such a case, there would be a presumption against an alimony award. However, if it can be shown that one spouse spent marital funds to support an extra-marital affair, then the other spouse may receive financial compensation for the loss of marital property.
Contact the Law Office of Cohen & Storie
If you are considering divorce and believe that alimony may be a disputed issue, it is critically important to get early legal advice from an experienced divorce attorney.
Contact the Law Office of Cohen & Storie today to schedule an appointment with one of our experienced divorce lawyers.
Call 407-246-0888 or send us an e-mail.
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