Alimony is determined as the amount of money ordered to be paid by the spouse with the better means of earning a living to the spouse with less ability to provide after a divorce. There are different types of alimony which provide for different needs.
Florida Statutes, SECTION 61.08. Alimony. Reads: In a proceeding for dissolution of marriage, the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or permanent in nature or any combination of these forms of alimony. In any award of alimony, the court may order periodic payments or payments in lump sum or both. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded. In all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony....
Lawyer Joe Considine has handled many divorce cases involving the determination of a fair amount of alimony to be paid in a divorce case. His background as a former CPA gives him added competency and knowledge in financial matters which is invaluable to his clients.
Essentially, there are several criteria set forth in Section 61.08 and case law. The Court looks at need of the recipient and ability to pay of the payor. The Judge looks at duration of marriage; age, physical and emotional condition of the parties; earning capacities; standard of living during the intact marriage among several other factors.
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