What is the #1 Factor in Determining Alimony?

This is a very commonly asked question. Whether you want to receive alimony, or you’re going to be the one paying it – everyone wants to know the #1 factor that goes into deciding if alimony will be awarded, and in what amount.

Let’s back up for a minute and get a little background on alimony in Florida. In a previous post about the Types of Alimony in Florida, we defined alimony as this:

Most married couples combine incomes and share money. Sometimes one spouse stays home and takes care of the home and the children, possibly working part-time, while the other spouse works full-time and earns the majority of the family’s income.

Like business partners, when one invests capital and one invests time, they are nevertheless both entitled to their fair share of the income the business produces.

When a marriage ends in divorce and one spouse does not have the level of income the other spouse has, the court may award alimony to support the spouse who earns less money for an amount of time determined by the court.

Factors in Determining Alimony

In order to award alimony, the court must determine two things: 1) a need for alimony; and 2) an ability to pay.

Florida law provides:

If the court finds that a party has a need for alimony or maintenance and that the other party has the ability to pay alimony or maintenance, then in determining the proper type and amount of alimony or maintenance under subsections (5)-(8), the court shall consider all relevant factors, including, but not limited to:

(a) The standard of living established during the marriage.

(b) The duration of the marriage.

(c) The age and the physical and emotional condition of each party.

(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.

(e) 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.

(f) 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.

(g) The responsibilities each party will have with regard to any minor children they have in common.

(h) 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.

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

(j) Any other factor necessary to do equity and justice between the parties.

Read the full statute here.

The #1 Factor in Determining Alimony

In my 35+ years experience, it appears the primary factor in determining alimony is length of marriage. As the duration of marriage increases, alimony is more likely to be awarded.

The Florida statute governing alimony establishes a rebuttable presumption that a short-term marriage is less than seven years, a moderate term marriage is more than seven years but less than 17 years, and a long-term marriage lasts 17 years or more.

The court must determine a spouse’s contribution to the marriage with regard to finances, services provided in homemaking and child care.

Please Note: Unlike child support, alimony is not determined by a mathematical formula. So be aware that any “spousal support calculators” you may find online are a ballpark figure at best. You need to speak to a qualified and experienced attorney to help you determine whether you may be likely to pay/receive alimony, what type, and in what general amount.

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