One question many parties to a high asset divorce have is, will the court award alimony? Though Florida is one of the last remaining alimony-happy states, even it has begun to carefully weigh several factors before granting alimony. FindLaw details the several factors the courts will consider before determining whether or not spousal support is necessary.
In the event that a prenuptial agreement does not exist that dictates what you and your spouse should do regarding support, the courts will consider several factors to determine if alimony is necessary. Those include the standard of living you established during your marriage; the length of your marriage; yours and your spouse’s ages; yours and your spouse’s physical and emotional health; and each of your financial resources.
The courts will also consider your and your spouse’s incoming earning capacity and the existence of assets that have the potential to produce income (such as rental property). If your spouse did not hold a job during the marriage, the judge will consider the time necessary for him or her to acquire the education and training necessary to obtain gainful employment.
In situations in which one partner stayed at home while the other worked, the judge may consider the services rendered by that parent. Some such services may include career building of the other spouse, child-rearing, and homemaking.
Though Florida, like many other states, now recognizes no-fault divorces, it may assess infidelity, domestic abuse, and other like factors when making a decision on alimony. The emotional toll certain treatment has on a person can affect his or her future ability to obtain and maintain gainful employment.
The content of this article is not meant to serve as legal advice. You should use it for educational purposes only.