Will I Receive Alimony?

Regardless of whether you see yourself as the recipient of alimony or the obligor, Brady Law Firm, P.A., will assist you in determining whether alimony is warranted in your case by reviewing all of the relevant circumstances and applying the factors. Our lawyers will ensure that you understand the issues so you can make sound decisions. It is important to our firm to educate the client and provide a blueprint and a plan.

How Does the Court Determine Alimony/Spousal Support?

The two most basic requirements for any alimony award consist of a simple spouse’s “need” for alimony and the other spouse’s “ability to pay” alimony. If one of these elements is lacking, the Court should not award alimony. The application these factors to the unique facts and circumstances of each case will determine the alimony obligation. The courts may consider case law or the prior decisions by the courts in similar cases or “precedence”. Presently, there are no codes, laws or statutes which precisely set parameters for alimony awards. The analysis is very fact specific and sometimes complex. The family court judges have very broad discretion or can use their judgment in applying the law. Unlike child support, there is no mathematical formula to calculate alimony and divorcing spouses often conflict on whether alimony is even appropriate or not. The lawyers at Brady Law Firm have the experience and knowledge of the case law to reach a favorable result.

In Florida, several forms of alimony are recognized and can be implemented by the courts. Alimony awards can be permanent, temporary, rehabilitative, or what lawyers and court call “lump sum alimony”. The form of alimony, the amount and the duration are determined by applying the following general factors:

  • The length of the marriage and standard of living during the marriage
  • The age, earning ability, and the health and education of the parties
  • The assets that will be available to both parties after the divorce
  • The contribution of each party to the marriage, including homemaking, childcare, education, and career building

The number of timesharing days scheduled and exercised by each parent is used to calculate the child support amount. In the event that a parent seeks increased timesharing, the parent may also request a change in the child support amount.