Alimony: What You Need To Know

Alimony: What You Need To Know

Every time a married couple gets a divorce, the court could award “alimony”, also known as spousal assistance to the former spouses, based on an arrangement between the couple or a determination by the court .

Alimony is money that one party pays another after a divorce. There are many factors that influence the amount of money that should be paid out. Knowing how these factors work together should help you in possessing more realistic expectations. In this article, we will explain how alimony is calculated in Florida:

The objective of alimony would be to restrict any unjust financial ramifications of a divorce by giving a long term income to a non wage earning, or even lower wage earning ex spouse. A portion of this rationale is that one partner could have opted to not have a profession to help support the household, and thus requires more time to create or develop job skills to further themselves. Additionally, another purpose is to help one spouse continue the same quality of living they had through the union.

How is the Quantity of Alimony Determined?

The Uniform Marriage and Divorce Act, through which a lot of states spousal support exemptions are created, suggests that judges consider these factors regarding alimony awards:

  • The age, health, psychological standing, and fiscal state of the ex partners;
  • The duration of time that the receiver would require for instruction or training to develop a career;
  • The standard of living during the marriage;
  • The duration of the union; along with
  • The capability of the payer partner to encourage the receiver and support herself or himself.

Each factor works together with all other factors in an analysis of alimony. For example, in a shorter term marriage, standard of living throughout a marriage is not usually given a lot of weight, while in a long-term marriage, standard of living can heavily effect the decision to give permanent alimony. Also, being poor isn’t enough to justify permanent alimony when the wife is younger and her ability for earning has not been impaired because of a marriage. When courts look at a need and capability to pay alimony, it can impute income to a party when it decides that they have not used their full efforts and capabilities to earn an income. Income imputation can be assigned to either or both parties.

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There are no set rules or solid lines that define, in a specific situation, whether alimony is necessary, and if it is, what kind of alimony is rewarded. All details have to be considered together. Analysis of the whole marriage must be quantified, because lump-sum alimony, permanent alimony, rehabilitative alimony, bridge-the-gap alimony, child support, and special equities in distribution are related, and in turn are part of the whole picture. Only after a review of the whole situation can a court make the best decision.

If you are looking at a divorce, and are concerned with your finances in the future, make sure you get the legal help that you need. West Palm Beach Alimony Attorney attorney Steven Winig has years of experience in divorce law, and has assisted his clients in collecting the alimony they deserve.

Steffy Alen

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