Florida Criminal Defense and DUI Defense Blog

7Jan, 20

If you are getting divorced, you should consider this to be one of the most significant financial transactions of your life.  Paying or receiving alimony is, quite frankly, a very big deal.

florida alimony in a divorceIn a Florida divorce proceeding, the judge may grant alimony to either party, which alimony may be bridge‑the‑gap, rehabilitative, durational, or permanent in nature or any combination of these forms of alimony.

In any award of alimony, the judge may order periodic payments or payments in lump sum or both. The judge may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.

In determining whether to award alimony or maintenance, the judge shall first make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance.

If the judge finds that a party has a need for alimony or maintenance and that the other party has the ability to pay alimony or maintenance, then in determining the proper type and amount of alimony or maintenance under subsections (5)‑(8), then the judge shall consider all relevant factors, including, but not limited to:

(a) The standard of living established during the marriage.

(b) The duration of the marriage.

(c) The age and the physical and emotional condition of each party.

(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.

(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

(g) The responsibilities each party will have with regard to any minor children they have in common.

(h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.

(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.

(j) Any other factor necessary to do equity and justice between the parties.

If alimony is an issue in your divorce, reach out to Michael Kessler of the Kessler Law firm for help.  Experience does make a difference.

When everyone else is on your back, we will be on your side.

Attorney Mike Kessler
Written by: Attorney Mike Kessler

Attorney Kessler has been practicing criminal law in Florida for 30 years. He is recognized as is a leading authority on drunk-driving defense as well as a founding member of the Saint Lucie County Association of Criminal Defense Lawyers and co-author of The DUI Book: Florida Edition, the definitive resource on DUI in Florida.

To speak with Mike, call 772-466-4900 or click here for a free consultation.

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