Understanding Spousal Support In A Florida Divorce

If you are divorcing in the state of Florida, there are a number of different considerations

when you divide up your assets and determine what each party's responsibility is after a divorce. One issue that comes up often in divorce cases is the issue of spousal support. Spousal support, or alimony, refers to payments that one spouse makes to another because of an income or earning discrepancy between the two parties.

Florida Divorce and Spousal Support

Spousal support is not awarded in all divorce situations. The purpose of spousal support is to make sure that one spouse is not left without money or with little money after a divorce, and to make sure that a spouse who earns less is able to maintain a similar standard of living as was enjoyed during the marriage. Typically, therefore, spousal support is awarded in situations where the two spouses were married for a longer period of time and where one spouse would experience significant financial disadvantage as a result of the divorce.

When a court awards spousal support, the support may be temporary or it may be permanent. Temporary support is appropriate if the lower-income spouse is going to be able to get back into the workforce or brush up on his or her skills and soon be able to support him/herself. Temporary spousal support, for example, may be appropriate if one spouse took a few years off of the workforce and just needs a little bit of time to refresh his/her skills and apply for a job that will allow for an income similar to that of the spouse.

Permanent spousal support, on the other hand, is appropriate in situations where an income discrepancy is likely to continue on an ongoing basis. For example, if one spouse is disabled and is not able to go back to work, then spousal support may be permanent. If one spouse has been out of the workforce for a very long time to care for children, or does not have the income, education or skills necessary to make an amount of money close to what his/her spouse is making, then permanent alimony may be awarded. Even when alimony is permanent, it can end if there are certain triggering events that occur such as if the spouse receiving the alimony remarries.

How is Spousal Support Awarded?

The court will award alimony in appropriate situations based on the needs of the parties and the income of each party. However, if you are negotiating your own out-of-court divorce settlement, then you may also be able to come to your own agreement on the issue of alimony. This can be a simpler and easier process, not to mention a less expensive process, since you can agree on an amount that you and your spouse both think is fair and you won't have to fight out the issue in court.

To learn more about how alimony or spousal support works and about whether alimony is likely in your case, speak with a Florida divorce attorney as soon as possible.

by: Jeff Miller

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