Top 10 Things Divorce Lawyers Look For When Determining Alimony
Determining Alimony – When a client comes to Filler Rodriguez LLP asking whether they have to pay alimony or whether they are entitled to alimony the following are the top 10 things, the lawyers at Filler Rodriguez LLP ask:
- How long was the marriage? If a marriage is 1 to 10 years, then the term of alimony can be up to 50% of the length of the marriage. From 10 to 20 years the term of alimony can be up to 60% of the length of the marriage. After 20 years of marriage the term of alimony can be up to 70% of the length of the marriage.
- Was there a spouse who was dependent on the other spouse during the marriage? In other words, did one spouse work while the other stayed home? If a spouse was dependent on the other spouse during the marriage, then there is likelihood that the spouse who worked will have to pay alimony.
- How much money does the spouse make who supported the marriage? In Florida the formula for the amount depends upon the needs of the dependent spouse and the ability to pay of the spouse who worked. However, there is a maximum amount that can be awarded which is 35% of the difference between the net income (after taxes of what each spouse makes or could make).
- Is the spouse who did not work employable? This will depend on a variety of factors. Is the dependent spouse educated? Are they healthy ? How old are they? What is their employment history? If a spouse has not worked many times divorce lawyers will hire vocational experts to evaluate the spouse and the vocational expert is hired to give opinions on what the dependent spouse could do.
- Are there children who require care and has the dependent spouse who stayed home to take care of these children? A court can consider the need to care for the children.
- What will the responsibilities be after the marriage? Is the spouse who worked now going to start taking care of the children? The court can consider any change or division of childcare responsibilities in determining alimony.
- Did one of the spouses commit adultery? While this factor is not used to determine whether or not you are entitled to a divorce (Florida is a no-fault state), adultery remains in the alimony statute and the statute specifically says that the court can take adultery into account in determining alimony.
- What are the assets of the marriage? How much will each spouse walk away with at the end of the divorce? If a spouse is leaving a marriage with enough liquid assets that they can earn substantial interest and dividends, then even if they were dependent, they may not need alimony.
- What was the standard of living of the spouses during the marriage? Did they travel extensively? Did they buy expensive luxury items? The court is supposed to take into account standard of living when fashioning an alimony award. Of course, there still must be the ability to pay.
- Finally, what is fair? The court can consider anything that “justice and equity” requires. A divorce court is considered a court of “equity”. This is different than courts that consider business disputes. Courts of equity can do what is fair. Therefore, when discussing a potential alimony claim Filler Rodriguez LLP lawyers do thorough interviews to ensure no stone is left unturned in either defending or seeking an alimony award.
If you are considering divorce or a divorce is filed against you consider the top 10 things lawyers look for when determining alimony. The lawyers at Filler Rodriguez LLP will ensure all facts and circumstances regarding alimony will be evaluated in your divorce case. Call the lawyers at Filler Rodriguez, LLP at 305.876.3376 for a consultation.
