Florida Alimony factors and examples

1. Alimony in FloridaFactors and Examples Presented by: Steven A. Leitman, P.A. Offices - Jacksonville (904) DIVORCE (348-6723) www.904divorce.com

3. The duration of the marriage.

5. 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.

7. 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.

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

10. Typically, the longer the marriage the more exposure to alimony being awarded. Permanent alimony in Florida is more likely to be awarded once a marriage exceeds 17 years in length. When permanent alimony is not appropriate, then durational alimony may be awarded. The duration of the marriage

11. A person’s age and health have an impact as to whether alimony in Florida is awarded. If a party is older and in poor health (either physically or emotionally) have a greater probability of being awarded alimony in Florida then a younger, healthier person. The age and the physical and emotional condition of each party

12. The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each party There are times when a party is not working, however, this factor takes into consideration that the party has the ability to work. An example, would be a stay at home parent who did not finish their college degree. That party may earn $0, but with the completion of their education could find employment and support themself. This is a scenario where rehabilitative alimony in Florida might be considered.

13. 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 Examples of this would be the spouse who has stayed home to raise children, the spouse who has relocated to different states to further the career of the other spouse or the spouse who helped the other spouse get through school.

14. The responsibilities each party will have with regard to any minor children they have in common This factor can come into play when children are younger or when there is a special needs child who is required to be at therapy or doctor’s appointments.

15. 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 Alimony in Florida can be taxable or nontaxable. Typically, alimony in Florida is tax deductible to the person paying it and taxable to the party receiving it.

16. All sources of income available to either party, including income available to either party through investments of any asset held by that party An example would be if one party receives a $50,000 investment account that has historically earned 5%, then the Court could add $2,500 to that party’s income when considering whether to award alimony in Florida.

17. Any other factor necessary to do equity and justice between the parties This is a catch all which gives the Court leeway to fashion a proper award of alimony in Florida.

18. Statute Addressing Alimony in Florida An award of Alimony in Florida, if any, is decided by the Court considering Section 61.08 of the Florida Statutes. The court also considers case law from the Florida Supreme Court and Florida District Courts of Appeal in deciding entitlement to alimony in Florida.

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